Category Archives: Civil Procedure

Civil Procedure   [CIVIL PROCEDURE 7/E] [Hardcover]

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In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. The provision in the original rule for striking pleadings and motions as sham and false has been deleted. Deposits in cases where someone other than the permanent Court Hearing Officer has been appointed shall be as set out in any appointing or other order and shall be held by the Prothonotary to be paid over as the Court may order to the Court Hearing Officer as a fee or returned to the parties, or otherwise.

The Complete Guide to Mediation: The Cutting-Edge Approach

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Edited by Oscar Chase, Helen Hershkoff, Linda Silberman, Yasuhei Taniguchi, Vincenzo Varano, Adrian A. This Article shall be known as the North Carolina International Commercial Arbitration and Conciliation Act. (1991, c. 292, s. 1; 1997-368, ss. 1, 2, 5.) � 1-567.31.� Scope of application. (a)������� This Article applies to international commercial arbitration and conciliation, subject to any applicable international agreement in force between the United States of America and any other nation or nations, or any federal statute. (b)������� The provisions of this Article, except G.

Family Law and Customary Law in Asia: A Contemporary Legal

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Rule 45(f) provides authority for that court to transfer the motion to the court where the action is pending. The Advisory Committee's Note to amended Criminal Rule 24(c) points to experience demonstrating that four alternates may not be enough in some lengthy criminal trials; and the same may be said of civil trials. If a party to an appeal dies while the appeal is pending, the action shall not abate unless otherwise provided by law.

The Supreme Court Economic Review, Volume 5

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This shall apply also to procedural actions affecting the proceedings before the court of that level of jurisdiction as a result of: protest having been entered, the judgment handed down by that court having been reversed, the proceedings having been reopened, an objection having been filed pursuant to section�321a, or new statements having been submitted to the court in compulsory enforcement proceedings. The term "entry of judgment" as used in these Rules occurs on the date the judge signs the final decision.

A Summary of the Law of Contracts

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At the early case evaluation, the court and parties shall develop a discovery plan that shall address: ������������������ (A) What changes should be made in the timing, form, or requirement for disclosures under Rule 16.205(b), including a statement as to which disclosures under Rule 16.205(b)(1) were made or will be made; ������������������ (B) The subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to, or focused upon, particular issues; and ������������������ (C) What changes should be made in the limitations on discovery imposed under these rules and what other limitations should be imposed. ������������ (3) Case Management.

Substantive Criminal Law (Two Volume Set) (Criminal Practice

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If an Arbitrator requires electronic filing, the Parties shall maintain and regularly monitor a valid, usable and live email address for the receipt of all documents filed through JAMS Electronic Filing System. Sheriff to be informed of persons in occupation of land 39.4. Consolidated cases shall be reassigned to the judicial officer(s) to whom the lowest numbered consolidated case was assigned. It is wholly outside the scope of the rule to then enter this newly created exhibit into evidence without informing opposing counsel of the use of the entered exhibit."

MacCarthy on Cross Examination

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S., s. 671.) � 1-310.� When dated and returnable. Pursuant to paragraph (2), as under the prior rule, any other party is entitled to secure a copy of the deposition from the officer designated to take it. The Report concluded that revising Rule 71A to make the use of the commission procedure more attractive might alleviate the situation. This requirement does not apply when a deposition is temporarily recessed for convenience of counsel or the deponent or to enable additional materials to be gathered before resuming the deposition.

The First Amendment and the Fifth Estate: Regulation of

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P., s. 239; Code, s. 415; Rev., s. 538; C. Consequently, the adoption of this rule does not supersede or repeal the "security for expenses" provision found in the Arkansas Business Corporation Act. This revised Rule 53 recognizes that in appropriate circumstances masters may properly be appointed to perform these functions and regulates such appointments. These procedures apply to producing documents or electronically stored information: (A) Documents.

The Law Of Presumptive Evidence: Including Presumptions Both

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Otherwise, it must order the respondent, if any, to answer within a fixed time. (2) The clerk must serve the order to respond on all persons directed to respond. (3) Two or more respondents may answer jointly. (4) The court of appeals may invite or order the trial-court judge to address the petition or may invite an amicus curiae to do so. The petition shall not be amended except by leave of Court. No party may assign as error the giving or the refusal to give, or the modification of, an instruction, whether settled pursuant to subdivision (c) or subdivision (d), of this rule, unless the party objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which the party objects and the grounds of the objection.

Making a Civil Claim

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In any action to determine any adverse claim, estate, lien, or interest in property, or to quiet title to property, the plaintiff may include as a defendant in such action, and insert in the title thereof, in addition to the names of such persons or parties as appear of record to have, and other persons or parties who are known to have, some title, claim, estate, lien, or interest in the property in controversy, the following: “Also all other persons or parties unknown claiming any right, title, lien, or interest in the property described in the complaint herein.” [CCP 12/2/78] A How presented.