Category Archives: Civil Procedure

California Business Statutes Annotated, 2010 ed. (California

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S. 1-339.21 shall be continued by the person holding the sale to a designated time between 10:00 o'clock A. The purpose behind this rule is to insure that when a jury trial has been requested, it will be granted on all issues triable by jury unless the parties thereafter affirmatively waive this right. Nouveau code de procédure civile: Code de procédure civile, Code de l’organisation judiciare, voies d’execution. 93e ed. Rule 57 recognizes, however, that some declaratory judgment actions involve matters of public interest and therefore gives the trial court discretion to advance such a case on the trial docket.

A Digest of the Law of Evidence

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App.-Eastland 1996, writ denied). "Appellants urge ... that the trial court erred by rendering judgment without the joinder of... the grantors. ... Another reason was that where jurisdiction depended on diversity of citizenship the impleader of an adversary having the same citizenship as the plaintiff was not considered possible. If on 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.

Independent Justice: The Federal Special Prosecutor in

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When a motion relies on facts outside the record, the court may hear the matter on affidavits or may hear it wholly or partly on oral testimony or on depositions. For the complete list of the Colorado Supreme Court’s rules changes, click here. Rule 26(c)(1)(B) is amended to include an express recognition of protective orders that allocate expenses for disclosure or discovery. S. 1-242. (7)������� Entries of payment or satisfaction on the judgment dockets in the office of the clerk of the superior court by any person other than the clerk shall be made in the presence of the clerk or his deputy, who shall witness the same. (b)������� Upon receipt of any payment of money upon a judgment, the clerk of superior court shall within seven days after the receipt of such payment give notice thereof to the attorney of record for the party in whose favor the judgment was rendered, or if there is no attorney of record to the party.

Arkansas Civil Procedure Laws, 2014 ed.

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Letter of April 8, 1977, to Richard Malmgren from Judge Allan J. S., s. 845.) � 1-488.� When timber may be cut. S., s. 463; 1951, c. 837, s. 4.) � 1-76.1.� Where deficiency debtor resides or where loan was negotiated. This authority was not described in former Rule 50(d), but was recognized in Weisgram v. Compare Equity Rule 15 (Process, by Whom Served). We were facing loosing our home due to a law suit against us from a car accident our son was in, using our vehicle.

Introduction to the Criminal Justice System

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The rules are amended to reflect when and how a deduction from damages of a sum to meet any shortfall between the costs recoverable from the other party and the 'solicitor and own client' costs payable to the child's\protected party's solicitors applies. For over a century, the federal courts attempted to scale this stone wall by treating questions of foreign law as questions of fact to be pleaded and proved. See English Rules Under the Judicature Act (The Annual Practice, 1937) O. 28, r.r. 1–13; O. 20, r. 4; O. 24, r.r. 1–3.

Smith and Hogan Criminal Law: Cases and Materials

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The changes are significant and amend many procedural aspects of sentencing. The court must take into account, in its decision, any declaration submitted within the time limit set and may take into account any statement submitted late. (1) Where an action for the vacation of premises is joined to an action for payment under the same legal relationship, the court hearing the case shall order, upon the plaintiff having filed a corresponding application, that the defendant is to provide security for the monetary claims that have fallen due after the matter became pending, provided that 1.��The action concerning these claims holds out significant prospects of success, and 2.��A balanced consideration of the interests of both parties determines that the order is justified in that it will avert particular disadvantages from the plaintiff.

Law West of Fort Smith: A History of Frontier Justice in

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As Mr Dowdy correctly submitted.. in effect. Where real or personal property is sold on any execution or decree, by any officer authorized to make the sale, and the sale is made legally and in good faith, and the property did not belong to the person against whose estate the execution or decree was issued, by reason of which the purchaser has been deprived of the property, or been compelled to pay damages in lieu thereof to the owner, the purchaser, his executors or administrators, may sue the person against whom such execution or decree was issued, or the person legally representing him, in a civil action, and recover such sum as he may have paid for the property, with interest from the time of payment; but the property, if personal, must be present at the sale and actually delivered to the purchaser. (1807, c. 723, P.

The White Book Service 2002

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C., Title 28, §829 [now 1927] (Costs; attorney liable for, when) is unaffected by this rule. Should the costs be funded only in part or in partial amounts, the corresponding amounts are to be paid. (1) The application for approval of assistance with court costs is to be submitted to the court hearing the case; it may be recorded with the registry for the files of the court. The plaintiff has the burden of showing why the seizure should not be vacated. The first element of the standard, Rule 26(b)(1)(i), is designed to minimize redundancy in discovery and encourage attorneys to be sensitive to the comparative costs of different methods of securing information.

Outsiders Looking in: A Communication Perspective on the

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See Texas Rules of Appellate Procedure 42.3, 42.4. 387a. Since contributory negligence is an affirmative defense, the complaint need contain no allegation of due care of plaintiff. The new subdivision does not require that the motion for attorneys' fees be supported at the time of filing with the evidentiary material bearing on the fees. The last sentence of subdivision (a) specifies that reconsideration of a magistrate's order, as provided for in the Magistrates Act, shall be by the district judge to whom the case is assigned.

Fundamentals of Federal Contract Law

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No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 7. Regular herds of deer bears can be a real nuisance. The committee must keep minutes of these regular meetings and circulate it to all participants, as documentation may assist the organization in falling under the “safe harbor” provision.