Category Archives: Civil Procedure

Discovery & Settlement: How to Win Your Case Without Trial

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In particular, a plaintiff may state a claim for money and a claim to set aside a fraudulent conveyance without first having obtained a judgment establishing the claim for money. Where the evidentiary matter in support of the motion does not establish the absence of a genuine issue, summary judgment must be denied even if no opposing evidentiary matter is presented. In every instance the return shall be filed with the court issuing process. A subpoena is also required to compel a nonparty and may be used to compel a party over whom the court has acquired jurisdiction to attend, give testimony, and produce and permit inspection and copying of designated documents or other tangible things at a deposition.

Right Turn: William Bradford Reynolds, The Reagan

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Like the former 1503 procedure, it is confidential, with a view to enhance cooperation with the State concerned. The official stenographic notes or electronic recordings of any court proceeding are official records of the court. Costs are not to include the fees and expenses of attorneys. If courts maintain this distinction, then the use of traditional methods in our court system will work. It should have the effect of removing such requirements as pleading notice of breach of warranty as a condition precedent to maintaining such a claim.

Surveying the Courtroom : A Land Expert's Guide to Evidence

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The clerk shall enter an order or judgment, as appropriate, containing findings of fact and conclusions of law supporting the order or judgment. (c)������� Appeal to Superior Court. - A party aggrieved by an order or judgment of the clerk may appeal to the superior court by filing a written notice of the appeal with the clerk within 10 days of entry of the order or judgment after service of the order on that party. Poll of Wisconsin Judges on Scheduling Conference, results.

The Divorce Lawyers: The People and Stories Behind Ten

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If you have ever spotted a box of latex gloves in a law office, thank Rule 35. When any of the following motions are timely filed, the time for appeal is extended, and the times set forth in Rule 8(a) shall be computed from the entry of any of the following orders: Granting or denying a motion for judgment notwithstanding the verdict. Whenever security is taken the court may, on motion and hearing, for good cause shown, reduce the amount of security given; and if the surety shall be or become insufficient, new or additional sureties may be required on motion and hearing. (a) When a person who has given security for damages in the original action asserts a counterclaim that arises from the transaction or occurrence that is the subject of the original action, a plaintiff for whose benefit the security has been given must give security for damages demanded in the counterclaim unless the court, for cause shown, directs otherwise.

Beyond the Adversarial System (Law, Ethics and Public

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Any order or direction made or given by a Judge in chambers shall have the same effect as if that order or direction had been made or given in Court. 1. Unless required by the court, a party shall not file any of the documents or things produced with the response. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and the party taking the deposition shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim. (d) Schedule and Duration; Motion to Terminate or Limit Examination. (1) Any objection during a deposition must be stated concisely and in a non-argumentative and non-suggestive manner.

Law West of Fort Smith: Frontier Justice in Indian

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The appellant shall deliver forthwith to the local government or other body and to the auditor a copy of any affidavit filed under rule 6 of this Order in support of the motion and any person intending to oppose the motion shall, four days at least before the hearing, deliver to the appellant a copy of any affidavit intended to be filed by him in opposition to the motion. 8. C., Title 26, §§1672–1673 [see 7442] (Suits for refunds of internal revenue taxes—limitations); U.

In the Opinion of the Court

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Advance notice also ensures an opportunity to depose the witness, perhaps by video record, as a means of supplementing transmitted testimony. The petition for the assignment of counsel in a civil action shall be in the form set forth on Exhibit L240 of these rules. A few changes—and decisions against change—deserve individual mention here as well. A party is no longer obligated to disclose witnesses or documents, whether favorable or unfavorable, that it does not intend to use.

memoir of Benjamin Robbins Curtis, LL.D. With Some of His

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If an object to be surrendered is in the custody and control of a third party, the claim of the debtor to surrender of the object is to be transferred to the creditor, upon his having filed the corresponding petition, in accordance with the provisions governing the attachment and transfer of a monetary claim. (1) Should the debtor fail to meet his obligation to take an action, where such action can be taken by a third party, the creditor is to be authorised by the court of first instance hearing the case, upon his having filed a corresponding petition, to have this action taken by a third party at the costs of the debtor. (2) Concurrently, the creditor may file the petition that the court sentence the debtor to make advance payment of the costs that will result from having a third party so take the action, notwithstanding the right to any supplementary claim. (3) The above rules are not to be applied to any compulsory enforcement serving to obtain the surrender or provision of objects. (1) Where an action that depends exclusively on the will of the debtor cannot be taken by a third party, and where a corresponding petition has been filed, the court of first instance hearing the case is to urge the debtor to take the action in its ruling by levying a coercive penalty payment and, for the case that such payment cannot be obtained, by coercive punitive detention, or by directly sentencing him to coercive punitive detention.

Cases and materials on admiralty, (American casebook series)

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If a single judge to whom a motion is presented orders a response, the motion and response will ordinarily be presented to the same judge for ruling. (1) Motions That May Require Immediate Action. S., s. 719; 1989, c. 683; 1991, c. 426, s. 1; 1995, c. 257, s. 1.) � 1-360.1.� Execution on the property of debtors of judgment debtor. Accompanied by: Letter of June 6, 1977, to Steven I. Subparagraph (D) explicitly authorizes the court to establish procedures facilitating the efficient and fair resolution of fee claims.

Cases and Materials on Civil Procedure

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These rules govern the procedure for obtaining a declaratory judgment under 28 U. Yankwich, Chief Judge of the United States District Court for the Southern District of California. ����� By order of April 1, 1952, the court invited submission to the committee of proposed modifications, such modifications to be submitted on or before June 4, 1952. Upon a defendant's demand, or  plaintiff's desire to seek a default judgment, California  plaintiffs must, instead, file and serve a Statement of Damages.  (Cal.