27 Apr

The American system of criminal justice

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S., s. 796.) � 1-439.� Bail not discharged by amendment. This communication is to be recorded in the files. Civil forfeiture practice does not require such an extensive departure from ordinary civil practice. FRCP 26: Provides protection from excessive or expensive e-discovery requests, except when you don’t deserve that protection. There is, however, no obligation to provide supplemental or corrective information that has been otherwise made known to the parties in writing or during the discovery process, as when a witness not previously disclosed is identified during the taking of a deposition or when an expert during a deposition corrects information contained in an earlier report.

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27 Apr

At What Price?: Libel Law and Freedom of the Press

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If the summons is not served by a sheriff or a sheriff's deputy, the certificate of the server indicating: the specific documents that were served; the time, place, and manner of service; that the server is a competent person 18 years of age or older and a resident of the state of service or this state and is not a party to nor an officer, director, or employee of, nor attorney for any party, corporate or otherwise; and that the server knew that the person, firm, or corporation served is the identical one named in the action.

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27 Apr

Judging Policy: Courts and Policy Reform in Democratic

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Civil Procedure is the study of the principles surrounding the resolution of civil disputes by the courts and the various tools available to a lawyer who must bring or defend a lawsuit. Nonetheless, the rule also recognizes that a court may consider record materials not called to its attention by the parties. The Judicial Process in Comparative Perspective. The judgment need not set out the names of the judges. Most of the cases have held that a party who has made a proper express demand for jury trial in the State court is not required to renew the demand after removal of the action.

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27 Apr

Florida Real Estate Principles, Practices & Law

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For example, Rule 8(b) states that a general denial is subject to the obligations of Rule 11, but all pleadings are subject to Rule 11. If that showing is made, the Court nevertheless may order discovery from such sources if the requesting party shows good cause. The revised provision accords with those in Rules 33 and 34. (3) The requirement that the objecting party move automatically for a hearing on his objection is eliminated, and the burden is on the requesting party to move for an order.

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27 Apr

The Code Of Civil Procedure Of The State Of New York: With

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But the pleader need not state the claim if (1) at the time the action was commenced the claim was the subject of another pending action, or (2) the opposing party brought suit upon his claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this Rule 13. (b) Permissive Counterclaim. If a party seeks to continue a hearing or other proceeding which has been set by the Master, and the other party opposes the continuance, the motion requesting a continuance of the matter pending before the Master shall be presented to the judge who appointed the Master in accordance with LR208.3(a)3.

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26 Apr

California Penal Code 2006

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Whether or not there are formal objections, the court must determine whether a fee award is justified and, if so, set a reasonable fee. They must have the usual qualifications of jurors and in addition must be freeholders of the District, and not in the service of the United States or the District. Application to the court for action upon the report and upon objections thereto shall be by motion and upon notice as prescribed in Rule 6(d).

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26 Apr

Drafting 2000-2001 (Inns of Court Bar Manuals)

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A writ of habeas corpus shall be in Forms 94, 95 or 96 in the Appendix to these Rules, whichever is appropriate. 1. (1) The power of the Court to punish for contempt of court may be exercised by an order of committal. (i) any proceedings before the Court, (iii) proceedings in an inferior court; (b) in the face of the Court or consists of disobedience to an order of the Court or a breach of an undertaking to the Court; or (c) otherwise than in connection with any proceedings. 2. (1) An application for an order of committal shall be made to the Court by motion on notice supported by an affidavit and shall state the grounds of the application. (2) The notice of motion, affidavit and grounds shall be served personally on the person sought to be committed but the Court may dispense with personal service where the justice of the case so demands. 3.

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26 Apr

A Short Treatise on Hindu Law: As Administered in the Courts

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The clerk shall file a copy of the written instructions given to the jury in the court file of the case. The basic time period is lengthened to 20 days because the present 10-day period may be too short to permit thorough study and response to a complex report dealing with complex litigation. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice. ������������ (2) The party taking the deposition shall state in the notice the method by which the testimony shall be recorded.

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26 Apr

The 2009 Annotated Ontario Highway Traffic Act

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The clerk must promptly send a copy of the notice of appeal and of the docket entries-and any later docket entries-to the clerk of the court of appeals named in the notice. For other discussion and citation, see Grand River Dam Authority v. The Application shall be supported by such evidence as the Court or a Judge in chambers may require. 5. 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.

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26 Apr

A Scottsboro Case in Mississippi: The Supreme Court and

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In an in personam action: (a) If a defendant is not found within the district when a verified complaint praying for attachment and the affidavit required by Rule B(1)(b) are filed, a verified complaint may contain a prayer for process to attach the defendant's tangible or intangible personal property—up to the amount sued for—in the hands of garnishees named in the process. (b) The plaintiff or the plaintiff's attorney must sign and file with the complaint an affidavit stating that, to the affiant's knowledge, or on information and belief, the defendant cannot be found within the district.

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