Civil Procedure

Products Liability: In a Nutshell (Nutshell Series)

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A variety of changes are made in the mechanics of the discovery process, affecting the sequence and timing of discovery, the respective obligations of the parties with respect to requests, responses, and motions for court orders, and the related powers of the court to enforce discovery requests and to protect against their abusive use. The Colorado Supreme Court issued Rule Change 2016(02), which amends the Rules Governing the Commissions on Judicial Performance, effective March 17, 2016.
Civil Procedure

Business Law: Uniform Commercial Code Edition (Barnes &

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Such claim shall be made in writing, filed with JAMS and served on the other Parties. Department of the Army, 881 F.2d 777 (9th cir. 1989), Barsten v. C.? 1988(b) under which fees are defined as costs. Collected jurisprudence of the capital city tribunal. Reopening of a civil action does not reinstate any motion. On Friday, October 30, 2015, the Colorado Supreme Court announced Rule Change 2015(08), amending Chapter 38 of the Colorado Rules of Civil Procedure, “Public Access to Information and Records.” The changes amended the title of the rules from “Public Access to Records and Information” and added an extensive new Rule 2, “Public Access to Administrative Records of the Judicial Branch.” The rule follows the Colorado Open Records Act (CORA) but is not identical, and the introductory paragraph to Rule 2 states, “Many of the rule’s deviations from CORA reflect simple changes to language and streamlined organization of the rule for clarity and to better serve the public.
Civil Procedure

Cardozo: A Study in Reputation

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Some foreign countries are hostile to allowing a deposition to be taken in their country, especially by notice or commission, or to lending assistance in the taking of a deposition. In the latter case, the period lapsing between the service of the written pleading and the hearing scheduled for oral argument must be equal to the time for entering an appearance. (1) No countercharges may admissibly be brought. (2) Solely records or documents and the petition for examination of a party shall be admissible as evidence regarding the authenticity or falsity of a record or document, as well as other facts besides those mentioned in section�592. (3) Documentary evidence may be provided only by producing the records or documents.
Civil Procedure

Law, Ideology, and Collegiality: Judicial Behaviour in the

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F Subpoena for taking depositions or requiring production of books, papers, documents, or tangible things; place of production and examination. Visit Nova Scotia Rules on the Society website for quick access to key resources on the Courts’ website, as well as the table of concordance from the 1972 Rules to the new Rules. Such an action accrues upon adoption of such ordinance or amendment. �(1981, c. 705, s. 1; c. 891, s. 4; 1991 (Reg.
Civil Procedure

Florida Civil, Judicial, and Small Claims Rules Florida

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If you have ever spotted a box of latex gloves in a law office, thank Rule 35. It was abolished in the FRCP and the old Federal Equity Rules and elsewhere for avoiding its sheer technicality and to permit more liberal tools for attacking the sufficiency of pleadings which accomplish the legitimate purposes of the demurrer, e.g., Rule 12(b)(6). 8. If upon motion under this rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court, at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted.
Civil Procedure

A Practical Approach to Civil Procedure (Blackstone's

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The parties waive transcription and the Court Hearing Officer concurs. 2. Ann. (Burns, 1933) §§2–1028, 2–1506, 2–1728–2–1732; Iowa Code (1935) §11185; Ky. In addition, when a writ of attachment, a writ of execution, or any other writ against property is executed in another county, a return shall be filed with the court of that county. Court fees payable by a person admitted to sue or defend in forma pauperis may be remitted either in whole or in part as to the Court or Judge in chambers may seem right and a person so admitted to sue or defend shall not, unless the Court otherwise orders, be liable to pay or be entitled to receive any costs. 5.
Civil Procedure

Florida evidence (West's Florida practice series)

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Upon the sale under execution of trust estates whereof the� judgment debtor is beneficiary the sheriff shall execute a deed to the purchaser, and the purchaser thereof shall hold and enjoy the same freed and discharged from all encumbrances of the trustee. (1812, c. 830, P. The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact.
Civil Procedure

The Great Trials Of The Twenties: The Watershed Decade In

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If an enlargement of time is desired, the appellant may obtain an order from the district court extending the time for transmitting the record to not more than 45 days from the date of filing the appeal. In executing a letter rogatory the courts of other countries may be expected to follow their customary procedure for taking testimony. His actual agenda Capitalism one really won anything. Under Rule 12(a), a defendant must answer or file a preanswer motion within a given number of days "after the service of summons and complaint upon him."
Civil Procedure

The Handbook of Estate Planning

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With the merger of law and equity, there are not separate law and equity "sides" of the circuit court. Rule 73 is amended to conform to this change. An (a)(2)(B) report is required only from an expert described in (a)(2)(B). If the court denies the motion, the case continues and defendant pays plaintiff’s reasonable fees and costs. Once filed, the action may be dismissed voluntarily by the person bringing the action only if the court and Attorney General have given written consent to the dismissal. (2)������� A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Attorney General pursuant to applicable rules of the North Carolina Rules of Civil Procedure.
Civil Procedure

Administrative Justice and Asylum Appeals: A Study of

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The lead attorney for all parties represented by counsel in this court must be admitted to practice in this court. Evidence from a criminal trial is generally admissible as evidence in a civil action about the same matter. The sending, setting up, and serving of such notices in the manner aforesaid constitute a valid levy of the writ upon all shares of stock in such company held by the defendant in execution, which have not at the time of the receipt of the notice by the clerk, cashier, or other� officer, who has custody of the stock-registry books, been actually transferred by the defendant, and thereafter any transfer or sale of such shares by the defendant in execution is void as against the plaintiff in the execution, or any purchaser of such stock at any sale thereunder. (1901, c. 2, s. 71; Rev., s. 1217; C.