22 Apr

2000 Supplement to Cases and Materials on Pleading and

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The amendatory saving clause of subdivision (e) of Rule 65 has been broadened accordingly. A transfer decision must be made on the circumstances of the particular proceeding. Paragraph (1) of subdivision (b) is based on the former second paragraph of subdivision (a). If an execution is issued on a judgment, within the time provided by G. Service Amendment.7 (Pleadings to contain facts. 92. breach of duty and damages sustained. C. §983(g) provides a "petition" "to determine whether the forfeiture was constitutionally excessive" based on finding "that the forfeiture is grossly disproportional to the offense."

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22 Apr

Legal Maxims, With Observations and Cases

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As the number of civil forfeiture actions has increased, however, reasons have appeared to create sharper distinctions within the framework of the Supplemental Rules. The court shall inform counsel of its decision upon the proposed instructions prior to their arguments to the jury, but the court shall instruct the jury after arguments are completed. The arbitrators shall require the party who is present to submit such evidence as the arbitrators may require for the making of a decision.

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22 Apr

A Short and Happy Guide to Civil Procedure (Short and Happy

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It may be served anywhere within the territorial limits of the state where the district court is located and, if authorized by a federal statute, beyond those limits. Joining Parties and Causes of Action Class 6: Joining Parties and Causes of Action - The rules for the joining of parties (see UCPR rr6. r6. and (ii) in his or her personal capacity. all persons jointly entitled to the same relief must be joined as parties in any claim for that relief that is made by any one or more of them. or administrator of the estate of a deceased person. (2) Leave under subrule (1) may be granted before or after the originating process is filed. (2) Unless the court orders otherwise.19 Proceedings involving common questions of law or fact (1) Two or more persons may be joined as plaintiffs or defendants in any originating process if: (a) separate proceedings by or against each of them would give rise to a common question of law or fact. in respect of the remaining causes of action.28) and those for joinder of causes of action (see UCPR rr 6.19 6. any other such person is to be joined: (a) as a plaintiff.22) are interrelated though different. (b) if the plaintiff sues: (i) in his or her capacity as executor of the will of a deceased person. (c) if the plaintiff claims the defendant to be liable: (i) in his or her capacity as executor of the will of a dece ased person. but with reference to the estate of the same deceased person. and (b) all rights of relief claimed in the originating process are in respect of. or administrator of the estate of a deceased person. or arise out of. if he or she consents to being a plaintiff.18 Joinder of causes of action (1) In any originating process. and (ii) in his or her personal capacity. in respect of one or more of the causes of action.20 Proceedings affecting persons having joint entitlement (1) Unless the court orders otherwise. or 62. (d) if the court grants leave for all of the causes of action to be dealt with in the same proceedings. r6. and claims the defendant to be liable in the same capacity. (2) This rule does not apply: (a) if the other person would otherwise be a proper party to the proceedings.26 Joinder to recover costs (1) Except to the extent to which these rules expressly provide. or (b) may make such other order as it thinks fit.23 Effect of misjoinder or non -joinder of parties Proceedings are not defeated merely because of the misjoinder or non -joinder of any person as a party to the proceedings.24 Court may join party if joinder proper or necessary (1) If the court considers that a person ought to have been joined as a party. 63 .25 Joinder as plaintiff requires party's consent A person is not to be joined as a plaintiff in any proceedings except with his or her consent.27 Joinder on application of third party A person who is not a party may apply to the court to be joined as a party. liable in contract or tort. the court: (a) may order separate trials. r6. in relation to that person. r6. (2) In any proceedings in which a defendant is one of a number of persons who are jointly. either as a plaintiff or defendant. a person may not be joined as a party to proceedings in contravention of any other Act or law. or (b) if the party joins the other person by means of a cross -claim in respect of a claim for costs against the party. r6. the court may order that the other persons be joined as defendants and that the proceedings be stayed until those other persons have been so joined. the court may order that a person (not being a party to the proceedings) who is in posses sion of the whole or any part of the land (whether in person or by a tenant) be added as a defendant. a party may not join another person as a party to any proceedings for the purpose of making an application for costs against the other person. (3) Despite subrule (1). (2) Without limiting subrule (1). but not severally. r6. r6. matter or thing merely because the other person is a defendant in those proceedings. in proceedings for the possession of land. r6. is taken to be the date on which the order is made or such later date as the court may specify in the order. r6. the court may order that the person be joined as a party. if he or she does not consent to being a plaintiff. or under an Act or statutory instrument.22 Court may order separate trials if joinder of party or cause of action inconvenient If the court considers that the joinder of parties or causes of action in any proceedings may embarrass. or is a person whose joinder as a party is necessary to the determination of all matters in dispute in any proceedings. the date of com mencement of the proceedings. inconvenience or delay the conduct of the proceedings .21 Proceedings affecting persons having joint or several liability (1) A person who is jointly and severally liable with some other person in relation to any act.

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22 Apr

Dentist's Legal Advisor

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He maintained very regular correspondence with us, and always answered all our questions. Sprint has become a landmark e-discovery case concerning metadata. Inspection or testing of certain types of electronically stored information or of a responding party's electronic information system may raise issues of confidentiality or privacy. This is probably the most screwed-up procedural statute. The affidavit or declaration shall be made in good faith based on admissible facts or opinions obtained from a qualified expert who has actually been retained by the attorney who is available and willing to testify and who has actually rendered an opinion or provided facts which, if revealed by affidavit or declaration, would be a sufficient basis for denying the motion for summary judgment.

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22 Apr

The Law of Civil Procedure: Cases and Materials, 2008

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Prior Arkansas law was somewhat more prohibitive in that where there was a substantial change in identity of the defendant so as to amount to a change of defendants, the amendment would not be permitted to relate back. S. 600 (1974); and North Georgia Finishing, Inc. v. C. §159, for reviewing an arbitration award in a railway-labor dispute. Service of documents other than originating process 11.6. Code (Bagby, 1924) Art. 5, §§25, 26; Mich.

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22 Apr

Greens Sheriff Court Rules 2010

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When determining the end of a filing period stated in hours, if the clerk's office is inaccessible during the last hour of the filing period computed under subdivision (a)(2) then the period is extended to the same time on the next day that is not a weekend, holiday, or day when the clerk's office is inaccessible. A full-time magistrate judge is designated specially to make final determination of a dispositive motion with the unanimous consent of the parties and approval of the assigned district judge.

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21 Apr

Civil Procedure Law Course

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The docket entry must contain the file number for the case in which the judgment was entered, the names of the parties, the address, if known, of each party and against whom judgment is rendered, the relief granted, the date, hour, and minute of the entry of judgment under G. This is derived from the last sentence of 36 [46] U. Procédure civile: droit judiciaire privé. 17e ed. Forcing the debtor to cease and desist from actions, or to tolerate actions (1) Should the debtor violate his obligation to cease and desist from actions, or to tolerate actions to be taken, the court of first instance hearing the case is to sentence him for each count of the violation, upon the creditor filing a corresponding petition, to a coercive fine and, for the case that such payment cannot be obtained, to coercive detention or coercive detention of up to six (6) months.

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21 Apr

Cases and Materials on Civil Procedure (Loose-Leaf version)

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Thus if it could be found in the Christianson situation that the claim on the second note arose out of the same transaction as the claim on the first or out of a transaction forming part of a "series," and that any question of fact or law with respect to the second note also arose with regard to the first, it would be held that the claim on the second note could be joined in the complaint. App.-San Antonio 1982, writ reFd n.r.e.).

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21 Apr

Murphy on Evidence

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Rule 125 Request for production of documents, electronically stored information, and things; request for entry upon land for inspection and other purposes. S., s. 642(a); 1971, c. 381, s. 12.) � 1-282.� Repealed by Session Laws 1975, c. 391, s. 7. � 1-283.� Trial judge empowered to settle record on appeal; effect of leaving office or of disability. The necessity of satisfying subject-matter jurisdictional requirements and requirements of venue will limit the practical utilization of these methods of effecting service.

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21 Apr

A treatise on the law of evidence (v.2)

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If you do not have access to a computer, call the clerk’s office and ask whether the court has local rules. D Corporate existence of city or county and of ordinances or comprehensive plans generally; how pleaded. Where there are only a few defendants it may be convenient to prepare but one notice directed to all the defendants. But Rules C and E are not to be invoked to create conflicts with Rule G. Explicit provision for this manner of service was thought desirable because a number of Federal and State statutes permitting foreign service do not specifically provide for service by personal delivery abroad, see e.g., 35 U.

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