Civil Procedure

Summaries of Leading Cases On The Constitution

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The organization named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may list, for each person designated the matters on which the person will testify. This provision also appears in Rule 4(b)(1) of the Rules of Appellate Procedure-Civil but was added here as a reminder to counsel. Ann. (1931) §§89–501, 89–502, 89–503; English Rules Under the Judicature Act (The Annual Practice, 1937) O. 16, r. 8. He has taken the time to fully explain everything regarding the case to included possible results and what to expect during the case. exceedingly competent and reliable---always responded timely---we were completely satisfied with Mr.

Nonprofit Corporations, Organizations, & Associations:

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Every allegation of fact in any pleading, not being a petition or summons, if not denied specifically or by necessary implication or stated to be not admitted in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, lunatic or person of unsound mind not adjudged a lunatic. 10. (1) If there is no reply to a defence, there is an implied joinder of issue on that defence. (a) there is at the close of the pleadings an implied joinder or issue on the pleading last served; and (b) a party may in his pleading expressly join issue on the next preceding pleading. (3) There shall be no joinder of issue, implied or expressed, on a statement of claim or counter-claim. (4) A joinder of issue shall operate as a denial of every material allegation of fact made in the pleading on which there is an implied or express joinder of issue unless, in the case of an express joinder of issue, any such allegation is excepted from the joinder and is stated to be admitted, in which case, the express joinder of issue shall operate as a denial of every other such allegation. 11.

American Constitutional Law: Introductory Essays and

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If a party dies after a notice of appeal has been filed or while a proceeding is pending in the court of appeals, the decedent's personal representative may be substituted as a party on motion filed with the circuit clerk by the representative or by any party. To reinforce the point that the court with the aid of the parties ought to assess the relative advantages of alternative procedures for handling the total controversy, subdivision (b)(3) requires, as a further condition of maintaining the class action, that the court shall find that that procedure is "superior" to the others in the particular circumstances.

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

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It now states specifically that the requesting party is the one who must show good cause, and it refers to consideration of the limitations on discovery set out in present Rule 26(b)(2)(i), (ii), and (iii). The Committee believes that such practice, however, should be tied to the summary judgment rule. Should this be required, he is to be asked questions concerning those circumstances that concern his credibility in the matter at hand, this being in particular his relationship to the parties to the dispute. (1) The witness is to be induced to tell the court in context whatever facts are known to him regarding the subject matter of his examination. (2) By way of ensuring the clarity and completeness of the testimony, while also investigating the basis on which the knowledge of the witness is based, the court is to ask further questions where necessary. (3) The presiding judge is to grant to each member of the court making the corresponding request the opportunity to ask questions. (1) The parties are entitled to have those questions put to the witness that they believe expedient for clearing up the matter, or for establishing the circumstances of the witness. (2) The presiding judge may permit the parties to directly address questions to the witness, and is to grant this permission to their counsel upon the latter’s request. (3) In case of doubt, the court shall rule on whether or not a question is admissible. (1) The court hearing the case may order, at its discretion, that a witness be examined several times. (2) Where a delegated or a requested judge has refused to ask a question as suggested by a party in examining a witness, the court hearing the case may order that the witness be subsequently examined on this question. (3) Should an examination be repeated, or should it be performed subsequently, the judge may refrain from placing the witness under oath once again and instead have him give an assurance that his testimony is correct while invoking the oath he swore previously.

A Guide to Expert Witness Evidence: An Irish Law Guide

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S. 1-567.40. (d)������ The superior court, on request of any party, may take the necessary measures, unless the agreement on the appointment procedure provides other means for securing the appointment, if, under an appointment procedure agreed upon by the parties: (1)������� A party fails to act as required under such procedure; or (2)������� The parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure; or (3)������� A third party, including an institution, fails to perform any function entrusted to it under such procedure. (e)������� A decision of the superior court on a matter entrusted by subsection (c) or (d) of this section shall be final and not subject to appeal. (1)������� Any qualifications required of the arbitrator by the agreement of the parties; (2)������� Such other considerations as are likely to secure the appointment of an independent and impartial arbitrator; (3)������� In the case of a sole or third arbitrator, the advisability of appointing an arbitrator of a nationality other than those of the parties. (g)������� The parties may agree to employ an established arbitration institution to conduct the arbitration.� If they do not so agree, the superior court may in its discretion designate an established arbitration institution to conduct the arbitration. (h)������� Unless otherwise agreed, an arbitrator shall be entitled to compensation at an hourly or daily rate which reflects the size and complexity of the case, and the experience of the arbitrator.� If the parties are unable to agree on such a rate, the rate shall be determined by the arbitral institution chosen pursuant to subsection (g) of this section or by the arbitral tribunal, in either case subject to the review of the superior court upon the motion of any dissenting party. (1991, c. 292; 1993, c. 553, s. 6.) � 1-567.42.� Grounds for challenge. (a)������� Except as otherwise provided in this Article, all persons whose names have been submitted for consideration for appointment or designation as arbitrators, or who have been appointed or designated as such, shall make a disclosure to the parties within 15 days of such submission, appointment, or designation of any information which might cause their impartiality to be questioned including, but not limited to, any of the following instances: (1)������� The person has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (2)������� The person served as a lawyer in the matter in controversy, or the person is or has been associated with another who has participated in the matter during such association, or has been a material witness concerning it; (3)������� The person served as an arbitrator in another proceeding involving one or more of the parties to the proceeding; (4)������� The person, individually or as a fiduciary, or such person's spouse or minor child residing in such person's household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; (5)������� The person, his or her spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person meets any of the following conditions: a.�������� The person is or has been a party to the proceeding, or an officer, director, or trustee of a party; b.�������� The person is acting or has acted as a lawyer in the proceeding; c.�������� The person is known to have an interest that could be substantially affected by the outcome of the proceeding; d.�������� The person is likely to be a material witness in the proceeding; (6)������� The person has a close personal or professional relationship with a person who meets any of the following conditions: a.�������� The person is or has been a party to the proceeding, or an officer, director, or trustee of a party; b.�������� The person is acting or has acted as a lawyer or representative in the proceeding; c.�������� The person is or expects to be nominated as an arbitrator or conciliator in the proceeding; d.�������� The person is known to have an interest that could be substantially affected by the outcome of the proceeding; e.�������� The person is likely to be a material witness in the proceeding. (b)������� The obligation to disclose information set forth in subsection (a) of this section is mandatory and cannot be waived as to the parties with respect to persons serving either as sole arbitrator or as the chief or prevailing arbitrator.� The parties may otherwise agree to waive such disclosure. (c)������� From the time of appointment and throughout the arbitral proceedings, an arbitrator shall disclose to the parties without delay any circumstances referred to in subsection (a) of this section which were not previously disclosed. (d)������ Unless otherwise agreed by the parties or the rules governing the arbitration, an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his or her independence or impartiality, or as to his or her possession of the qualifications upon which the parties have agreed. (e)������� A party may challenge an arbitrator appointed by it, or in whose appointment it has participated only for reasons of which it becomes aware after the appointment has been made. (1991, c. 292.) (a)������� The parties may agree on a procedure for challenging an arbitrator, subject to the provisions of subsection (c) of this section. (b)������� If there is no agreement under subsection (a) of this section, a party challenging an arbitrator shall, within 15 days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstance referred to in G.

The Law and Processes of Post-Conviction Remedies: Cases and

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An employee, contractor, or agent may bring an action in superior court for the relief provided in this section. �(2009-554, s. 1.) � 1-614.� Civil investigative demand. (a)������� A civil investigative demand is an administrative subpoena. In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising that party or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. (1) A party that without substantial justification fails to amend a prior response to discovery as required by Rule 26(e)(2), is not, unless such failure is harmless, permitted to use as evidence at a trial, at a hearing, or on a motion any witness or information not so disclosed.

Conflict of Laws: Cases and Materials (Law School Casebook

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A procedural action shall become effective at the earliest when the record is received by that court. The action shall not be dismissed or compromised without the approval of the court and notice of the proposed dismissal or compromise shall be given to shareholders or members in such manner as the court directs. The form of the Civil Case Management Order shall be as provided in Exhibit L205. 2. When process issues from the municipal court, delivery shall be to the bailiff of the court for service on all defendants who reside or may be found within the county or counties in which that court has territorial jurisdiction and to the sheriff of any other county in this state for service upon a defendant who resides in or may be found in that other county.

Emanuel, Steven L.'s Emanuel Law Outlines: Civil Procedure

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The clerk must keep a copy of every final judgment and appealable order; of every order affecting title to or a lien on real or personal property; and of any other order that the court directs to be kept. Circumstances too spare to affiliate the defendant to the forum state sufficiently to support long-arm jurisdiction over the defendant's person are also inadequate to support seizure of the defendant's assets fortuitously found within the state.

Legal Negotiating (American Casebook Series)

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S. 1-339.17 in the case of real property or G. The requesting party has the burden of showing that its need for the discovery outweighs the burdens and costs of locating, retrieving, and producing the information. Discovered documents not to be disclosed 21.8. For instance, the parties to a case must file and receive consent of the court in order to start the discovery process. Note that under Rule 26(a)(3)(B) a party expecting to use nonstenographic deposition testimony as substantive evidence is required to provide other parties with a transcript in advance of trial.

Psychological Injury (Personal Injury Practitioner's

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These statements are to be read to the debtor prior to his recording the declaration pursuant to section�802c (3), or they are to be reproduced on a screen for his inspection. The revision also accommodates the development of the use of facsimile transmission for filing. See s61 CPA if a party fails to comply with a direction what can the court do? - - - CIVIL PROCEDURE ACT 2005 Division 2 ± Powers of court to give directions 61 Directions as to practice and procedure generally (1) The court may. give such directions as it thinks fit (whether or not inconsistent with rules of court) for the speedy determination of the real issues between the parties to the proceedings. compared with the quantum of the subject matter in dispute The court is empowered at any time to direct a solicitor or barrister for a party to provide to his or her client a memorandum stating the estimated length of the trial and estimated costs of legal representation including costs payable to the other party if the client were unsuccessful. the first directions hearing will be appointed for approximately 3 months after fil ing the SoC and proceedings are entered in the List. by order. by order. whether generally.