Civil Procedure

The Law of Suretyship: Covering Personal Suretyship,

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In 1970, Rule 34(a) was amended to include discovery of data compilations, anticipating that the use of computerized information would increase. The public funds involved will be expended with characteristic judicial responsibility. If the motion for new trial has been conditionally granted, and the judgment is reversed, "the new trial shall proceed unless the appellate court has otherwise ordered." Explores the main trends in several European jurisdictions during the 19th and 20th centuries.
Civil Procedure

Barbri Bar Review - Civil Procedure, Constitutional Law,

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When a reference to arbitration is made by an order of Court the same process to the parties and witnesses, whom the arbitrators or umpire may desire to have examined, shall issue as in ordinary suits and persons not attending in compliance with such process, or making any other default, or refusing to give evidence, or being guilty of any contempt of the arbitrators or umpire during the investigations of the suit, shall be subject to the like disadvantages, penalties, and punishments, by order of the Court on the representation of the arbitrators or umpire, as they would incur for the same offences in suits tried before the Court. 6. (1) When the arbitrators are not able to complete the award with in the period specified in the order from want of the necessary evidence or information or other good and sufficient cause, the Court may from time to time enlarge the period for delivery of the award, if it thinks it proper. (2) In any case in which an umpire is appointed, it shall be lawful for him to enter on the reference in lieu of the arbitrators, if they have allowed their time or their extended time, to expire without making an award or have delivered to the Court or to the umpire, a notice in writing stating that they cannot agree: Provided that an award shall not be liable to be set aside only by reason of its not having been completed within the period allowed by the Court, unless on proof that the delay in completing the award arose from misconduct of the arbitrators or umpire, or unless the award has been made after the issue of an order by the Court superseding the arbitration and recalling the suit. 7. (1) If, in any case of reference to arbitration by an order of Court, the arbitrators or umpire shall die or refuse or become incapable to act, it shall be lawful for the Court to appoint a new arbitrator or arbitrators, or umpire in the place of the person or persons so dying, or refusing or becoming incapable to act. (2) Where the arbitrators are empowered by the terms of the order or reference to appoint an umpire and do not appoint an umpire, any of the parties ma serve the arbitrators with a written notice to appoint an umpire; and if within seven days after the notice has been served, no umpire is appointed, it shall be lawful for the Court upon the application of the party having served the notice as aforesaid and upon proof to its satisfaction of the notice having been served, to appoint an umpire. (3) In any case of appointment under this rule, the arbitrators or umpire so appointed shall have the like power to act in the reference as if their names had been inserted in the original order of reference. 8. (1) The award shall contain a conclusive finding and may not find on the contingency of any matter of fact being afterwards substantiated or deposed to. (2) It shall comprehend a finding on each of the several matters referred. 9.
Civil Procedure

Remedies: Cases, Practical Problems and Exercises, 2d

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For example, the resources counsel will commit to the case must be appropriate to its needs, but the court should be careful not to limit consideration to lawyers with the greatest resources. The cost of the appendix is a taxable cost. The docketing statement in a collateral attack on a criminal conviction must identify the prisoner's current place of confinement and its current warden; if the prisoner has been released, the statement must describe the nature of any ongoing custody (such as supervised release) and identify the custodian.
Civil Procedure

Selected antitrust cases: Landmark decisions

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Section 30(f)(1) is identical to FRCP 30(f)(1). Y. 1961); 5 Wright & Miller, Federal Practice and Procedure: Civil §1334 (1969). Paragraph (a) provides more time than paragraph (b) for filing a statement. He was very considerate of my needs and desires regarding my case, and helped me through a case that involved a very difficult second party. C. §1652, recognizing that the "laws" of the states include the common law established by judicial decisions.
Civil Procedure

The Law (In Plain English)? for Small Businesses

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If the court really wanted uniformity, this is where it screwed up. Largely we leave punishment to criminal law. W.2d 137, 138 (Tex. 1992). " [A] defendant, who timely Files a pro se answer by a signed letter that identifies the parties, the case, and the defendant's current address, has sufficiently appeared by answer and deserves notice of any subsequent proceedings in the case." The prosecuto must reveal to the defense any evidence that could be exculpatory.
Civil Procedure

Annual Report of the Attorney General of the United

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Canadian Transportation Agencies, Ltd., 450 F. Code Ann. (Michie, 1928) §§7764–7773; 2 Ind. F. wilfully or recklessly or negligently drove or cause to be driven a motor vehicle against plaintiff who was then crossing said highway. ����� 2. Rule 57 incorporates this statutory enactment by reference and does not effect any significant changes in Arkansas procedure. 2. For the rule necessitating ancillary appointment, see Sterrett v. Within seven days after service of the appellee's brief, appellant may file and serve a reply brief. (2) If an issue is raised that was not presented at a prior stage of the litigation (for example, in the district court, the appropriate state court, or this court on a prior appeal), the party raising the issue must state why the issue was not raised and why relief should nonetheless be granted. (d) Submission and Oral Argument. (1) The court will hear oral argument in every direct appeal in a federal criminal prosecution and in every appeal from the decision concerning an initial petition under 28 U.
Civil Procedure

The American Jury on Trial: Psychological Perspectives

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This is a clear public interest in the due administration of justice. HELD: (HC). plaintiff can choose the forum. but BHP appealed directly to HC via the Constitution s73(ii) which gives HC power to hear an appeal from all judgements of Supreme Courts. 2.1 Definitions In this Part: "applicant" means an applicant for an order under this Part. and also whether that person is an individual or a corporation. - r5.4) An order for preliminary discovery can require documents to be produced and or a person to be orally examined in court or indeed both.
Civil Procedure

The Relation of the Judiciary to the Constitution [1919 ]

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The subdivision recognizes the power of the court in the district where a deposition is being taken to make protective orders. Therefore, we have the ?amount-in-controversy? limitation to screen out unimportant cases. As expected, the device has been used only sparingly in most courts, and judicial controls over the discovery process have ordinarily been imposed through scheduling orders under Rule 16(b) or through rulings on discovery motions. The addition of the qualifying word "final" emphasizes the character of the judgments, orders or proceedings from which Rule 60(b) affords relief; and hence interlocutory judgments are not brought within the restrictions of the rule, but rather they are left subject to the complete power of the court rendering them to afford such relief from them as justice requires.
Civil Procedure

The Law of Public Communication

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The inclusion of the "opt out" provision reflected the strong opposition to initial disclosure felt in some districts, and permitted experimentation with differing disclosure rules in those districts that were favorable to disclosure. The same goal can be accomplished through discovery. In accord with the provisions of said agreement plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance. 4.
Civil Procedure

Gerichtliche und auÇ?ergerichtliche Durchsetzung ziviler

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If the character or situation of the property is such that the taking of actual possession is impracticable, the marshal or other person executing the process shall affix a copy thereof to the property in a conspicuous place and leave a copy of the complaint and process with the person having possession or the person's agent. JAMS shall determine whether the interests between entities are adverse for purpose of fees, considering such factors as whether the entities are represented by the same attorney and whether the entities are presenting joint or separate positions at the Arbitration. (a) At any time before the issuance of the Arbitration Award, the Parties may agree, in writing, on minimum and maximum amounts of damages that may be awarded on each claim or on all claims in the aggregate.