Civil Procedure

Utah Women and the Law: A Resource Handbook

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Proof of service may be made as prescribed by Civ. The master shall not retain the report as security for compensation; but when the party ordered to pay the compensation allowed by the court does not pay it after notice and within the time prescribed by the court, the master is entitled to a writ of execution against the delinquent party. (b) Reference. 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.

Law and Ethics in the Medical Office: Including Bioethical

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Statutory and regulatory materials are in German and English, in parallel columns. See Rosenberg, Sanctions to Effectuate Pretrial Discovery, 58 Col. These Rules shall be interpreted and applied in a manner consistent with this purpose. Proceedings on claims arising from a deed, in which solely documentary evidence is submitted, and proceedings on claims arising from a bill of exchange A claim that is brought regarding the payment of a specific amount of money, or the performance of a determined amount of other fungible things that in business dealings are customarily specified by number, measure or weight, or the performance of securities, may be asserted in proceedings in which plaintiffs rely entirely on documentary evidence, provided that the entirety of all facts required to justify the claim can be proven by records or documents.

Texas Civil Procedure Pretrial Litigation Supplement for

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If the court, on motion of a party alleging a violation of this section or on its own initiative, after affording the alleged violator a hearing, finds that a party or attorney used or attempted to use a subpoena for a purpose other than a purpose allowed under this section, the court may impose an appropriate sanction upon the party or attorney, including an award of a reasonable attorney’s fee and costs, the exclusion of evidence obtained by the subpoena, and reimbursement of any person inconvenienced for time and expenses incurred.

American Juvenile Justice

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P. 15(a)(1) or with the consent of the opposing party shall file a separate notice of filing the amended pleading and shall attach as an exhibit a copy of the amended pleading which strikes through (e.g. strikes through) the text to be deleted and underlines (e.g. underlines) the text to be added. (b) Amendment By Motion. C.? 1988(b) says that the court may allow the prevailing party in a civil rights suit to get the opposing party?s attorney?s fees. Pleadings and other papers may be filed with the judge as provided in Rule 5(d). (b) Trials and Hearings.

Divorce and Money: How to Make the Best Financial Decisions

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A copy of the motion shall be filed with the permanent Court Hearing Officer. 1. Under prior Arkansas law, the time for demanding a jury trial was governed by Rule 4(c) of the Uniform Rules for Circuit and Chancery Courts. The Texas Constitution is current through the amendments approved by voters in November 2015. W.2d 492,494 (Tex.l991). "[W]hen the defense is based on a claim enumerated in [TRCP] 93, [the party] must verify the pleading by affidavit." In the latter event, counsel appointed to represent the petitioner shall continue to represent the petitioner either pursuant to an agreement between counsel and the petitioner regarding the payment of fees and costs or, in lieu thereof, counsel or the petitioner may file a motion or petition with this Court to determine the petitioner's ability to pay counsel fees and the terms and conditions thereof.

The Right and the Power: The Prosecution of Watergate

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Parties should be prepared for the possibility that the court may not believe that much time is needed and may expedite this deadline to keep the case moving. Defendant may submit to judgment by notice of appearance Division 4 - Contents of statement of claim and summons 6.12. D(2) In pleading an ordinance, comprehensive plan, or enactment of any county or incorporated city, or a right derived therefrom, in any court, it shall be sufficient to refer to the ordinance, comprehensive plan, or enactment by its title, if any, otherwise by its commonly accepted name or number, and the date of its passage or the date of its approval when approval is necessary to render it effective, and the court shall thereupon take judicial notice thereof.

LexisNexis AnswerGuide New York Civil Litigation

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Upon a person who is incapacitated or is financially incapable, as both terms are defined by ORS 125.005, by service in the manner specified in subparagraph D(3)(a)(i) of this rule upon the person and, also, upon the conservator of the person's estate or guardian or, if there be none, upon a guardian ad litem appointed pursuant to Rule 27 B. S., s. 632; 1969, c. 895, s. 15.) �� 1-272 through 1-276:� Repealed by Session Laws 1999-216, s. 2. � 1-277.� Appeal from superior or district court judge. (a)������� An appeal may be taken from every judicial order or determination of a judge of a superior or district court, upon or involving a matter of law or legal inference, whether made in or out of session, which affects a substantial right claimed in any action or proceeding; or which in effect determines the action, and prevents a judgment from which an appeal might be taken; or discontinues the action, or grants or refuses a new trial. (b)������� Any interested party shall have the right of immediate appeal from an adverse ruling as to the jurisdiction of the court over the person or property of the defendant or such party may preserve his exception for determination upon any subsequent appeal in the cause. (1818, c. 962, s. 4, P.

Qui Tam: The False Claims Act and Related Federal Statutes

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When a party so requests the master shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as a court sitting without a jury. Declaratory relief "corresponds" to injunctive relief when as a practical matter it affords injunctive relief or serves as a basis for later injunctive relief. Under paragraph (c)(ii), a motion to dismiss the action cannot be addressed until the court has decided any government motion to strike the claim or answer.

A Doubtful and Perilous Experiment: Advisory Opinions, State

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Section (c) is virtually identical to a superseded statute, Ark. Fairman says that it?s all a balancing test between efficiency and equity. The first sentence of Rule 41(b), providing for dismissal for failure to prosecute or to comply with the Rules or any order of court, and the general provisions of the last sentence remain applicable in jury as well as nonjury cases. Generally speaking, improvements increasing the market value of a property will also.

1980 civil procedure supplement: Containing selective

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C., §1921, as amended, relative to the expenses of seizing and keeping property attached or arrested and to the requirement of deposits to cover such expenses. (f) Procedure for Release From Arrest or Attachment. Written instruments, including ordinances and statutes, may be construed before or after breach at the petition of a properly interested party, process being served on the private parties or public officials interested.