Category Archives: Civil Procedure

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Neo-Babylonian Trial Records (Writings from the Ancient

Category : Civil Procedure

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It is proposed to amend Rule 59(b) by providing that under that rule a motion for new trial shall be served not later than ten days after the entry of the judgment, whatever the ground be for the motion, whether error by the court or newly discovered evidence. The only exception appears to be a final judgment against a defaulted party, which must be mailed to that party. Upon his failure to show such authority, the court shall refuse to permit the attorney to appear in the cause, and shall strike the pleadings if no person who is authorized to prosecute or defend appears.
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In Praise of Litigation

Category : Civil Procedure

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The movant must promptly notify the circuit clerk under Federal Rule of Appellate Procedure 12.1 if the district court states that it would grant the motion or that the motion raises a substantial issue. Moreover, even if a trade secret produced under a protective order is later determined to be a court record, this does not necessarily mean that the information must be made public. Letter of Feb. 8, 1973, to Members of Civil Rules Committee from Richard R.
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The Great Rehearsal

Category : Civil Procedure

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If no documentary evidence exists, state in writing the basis of the claim, estimate, or belief as to the number or answer provided on the form. ������������������ (B) Evidence of Property, Income, and Earnings as to Both Parties. This standard has been replaced by a general reference to "good cause." The space shall be reasonably calculated to enable the answering party to insert the admissions, denials, or objections within the space.
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Entrepreneurship, Productivity and the Freedom of

Category : Civil Procedure

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This paragraph sets out the procedure that should be followed in appointing class counsel. If service is made under Paragraph E of this rule, return shall be made by the sender's filing with the court the acknowledgement received pursuant to such paragraph. S., s. 649; 1937, c. 89; 1951, c. 837, s. 7; 1969, c. 44, s. 8; 1971, c. 268, s. 12; 1991, c. 563, s. 1; 1993, c. 435, s. 3; 1995, c. 536, s. 1.) � 1-289.� Undertaking to stay execution on money judgment. (a)������� If the appeal is from a judgment directing the payment of money, it does not stay the execution of the judgment unless a written undertaking is executed on the part of the appellant, by one or more sureties, as set forth in this section. (a1)����� In an action where the judgment directs the payment of money, the court shall specify the amount of the undertaking required to stay execution of the judgment pending appeal as provided in subsection (a2) of this section.
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Genuine books 97875620468822013 National Judicial

Category : Civil Procedure

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Parties who are added subsequently to an action and are precluded by this rule from having a motion to transfer considered may raise the propriety of venue on appeal, provided that the party has timely Filed a motion to transfer. 6. Thus for appeal purposes, the date of entry or filing of the judgment or decree is the effective date, as opposed to the date of rendition. It is taken, with necessary changes, from Rule 8(b). The Committee Note points out that the court may extend the 60-day period on its own or on motion, and recognizes that an occasion for extension may arise if the 60-day period begins with the filing of the notice of constitutional question.
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Examples & Explanations: Dispute Resolution

Category : Civil Procedure

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In the conduct of actions to which this rule applies, the court may make appropriate orders: (1) determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument; (2) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of the members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise come into the action; (3) imposing conditions on the representative parties or on intervenors; (4) requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly; (5) dividing the class into subclasses, treating each subclass as a class, and construing and applying the provisions of this rule accordingly; and (6) dealing with similar procedural matters.
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Federal Rules of Criminal Procedure, December 31, 2004

Category : Civil Procedure

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Counsel naturally are cautious and often try to preserve as many options as possible. You are hereby ORDERED: a.�������� Not to willfully dispose of the property; b.�������� Not to remove or permit its removal from the State of North Carolina; and c.�������� Not to cause or permit its damage or destruction. Execution Returnable -- Repealed by order of Dec. 5, 1983, eff. Where the deceased party is acting in the capacity as personal representative, his successor shall be the proper party for substitution. (3) Upon the death of any party the Court before which such litigation is pending may, upon the motion of any party, appoint a special administrator who shall be substituted for the deceased party.
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Judging Credentials: Nonlawyer Judges and the Politics of

Category : Civil Procedure

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All fields within the form that can be edited will be highlighted in grey. If the plaintiff does not so apply, he shall be considered as insisting that he has sustained damage to a greater amount or (as the case may be) the defendant was and is indebted to him in a great amount, than the sum paid in and in that case the Court, in disposing of costs at the hearing shall have regard to the fact of the payment into Court having been made and not accepted. 5.
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How to Form Your Own Corporation Without a Lawyer for Under

Category : Civil Procedure

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The party who moved for the examination must, on request, deliver to the requester a copy of the examiner's report, together with like reports of all earlier examinations of the same condition. In all other respects the rules prescribed for pleadings of defensive matter are applicable to answers to counterclaims and cross-claims. The amendments come into force on 3 December 2015. This is possible because the only thing at stake for the defendant is money.
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Complete Small Business Legal Guide

Category : Civil Procedure

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For the practice in Texas as developed by judicial decision, see Lottman v. Former subsection (2) has been divided into new subsections (2) and (3), and former (3) has been renumbered as (4). Rule Promulgation Order 15-02, amending Superior Court Rules of Civil Procedure 16, 26, 33, 34, 36, 37, and 45 Rule Promulgation Order 09-07, Amend SCR LT 3 and new LT Forms 1A, 1B, 1C, 1D and Summons (Form 1S) If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, he may assert at the trial any defense ill law or fact to that claim for relief.
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