Category: Civil Procedure

Streams of Tendency on the New York Court: Ideological and

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See Texas Rules of Appellate Procedure 24.1 et seq. 385 (misnumbered 1984). For forward-counted deadlines, treating state holidays the same as federal holidays extends the deadline. The clerk shall file the return receipt or returned envelope in the records of the action. Clause (c)(3)(B)(ii) provides appropriate protection for the intellectual property of the non-party witness; it does not apply to the expert retained by a party, whose information is subject to the provisions of Rule 26(b)(4).
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Continuity and Change on the United States Courts of Appeals

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Del. 1957); see 4 Moore's Federal Practice, 33.27 (2d ed. 1966); 2A Barron & Holtzoff, Federal Practice and Procedure 372–373 (Wright ed. 1961). The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. Service shall be complete upon the entry of posting. (B) Residence known. Ex parte preservation orders should issue only in exceptional circumstances. The added second paragraph in Rule 33 contributes clarity and specificity as to the use and scope of interrogatories to the parties.
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Royal Justice and the Medieval English Countryside (Studies

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Letter of Feb. 13, 1974, to Members of the Civil Rules Committee from Charles D. In any action which arises out of the ownership, use, or possession of real property situated in this state or the ownership, use, or possession of other tangible property, assets, or things of value which were within this state at the time of such ownership, use, or possession; including, but not limited to, actions to recover a deficiency judgment upon any mortgage, conditional sale contract, or other security agreement relating to such property, executed by the defendant or predecessor to whose obligation the defendant has succeeded.
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Access To Civil Procedure Abroad

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Some claims for relief can only be suits in admiralty, either because the admiralty jurisdiction is exclusive or because no nonmaritime ground of federal jurisdiction exists. Unlike its federal counterpart, subdivision (c) does not contain an exception from Rule 615 of the Rules of Evidence. It must describe the property sufficiently to identify it, but need not describe any property other than that to be taken from the named defendant. Amendment of patent etc: section 105 48.11.
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Al-Mughtaribun: American Law and the Transformation of

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A final certification may be prepared on the basis of material on file in the consulate or any other satisfactory information. The garnishee shall serve an answer, together with answers to any interrogatories served with the complaint, within 21 days after service of process upon the garnishee. Paragraph (4)(C), bearing on compensation of experts, is revised to take account of the changes in paragraph (4)(A). Upon hearing, the court may order the plaintiff discharged from liability as to property deposited or secured before determining the rights of the claimants thereto.
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Class Action Fairness Act: Contemporary Decisions (Litigator

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Co., 105 F.2d 976 (2d Cir. 1939) cert. denied, 308 U. A party or the magistrate judge in an alternative dispute resolution proceeding shall not voluntarily disclose or through discovery or compulsory process be required to disclose any information concerning any communication provided in confidence to the magistrate judge in connection with an early neutral evaluation or other alternative dispute resolution proceeding. (a) Proposed Scheduling Order.
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How and When to be Your Own Lawyer 2nd (second) edition Text

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It may also be necessary to protect information not covered by the redaction requirement—such as driver's license numbers and alien registration numbers—in a particular case. No action shall abate by the death or disability of a party, or by the transfer of any interest therein, if the claim survives or continues. F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit. (1) That the court order E.
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Becoming a Magistrate

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Within 14 days thereafter, unless a different time is specified by the court, a party may serve a list disclosing (i) any objections to the use under Rule 32(a) of a deposition designated by another party under subparagraph (B), and (ii) any objection, together with the grounds therefor, that may be made to the admissibility of materials identified under subparagraph (C). I ll make the order. its mere assertion that there is such a case being insufficient. 55. that is satisfied on the material before me and finally.
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2005 Civil Procedure Supplement, 2005 (American Casebooks)

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If the enforcement of any provision in a contract or other agreement providing for a choice of a foreign venue or forum would result in a violation of a fundamental constitutional right of one or more of the natural persons who are parties to the contract or other agreement, that provision shall be modified or amended to the extent necessary to preserve the fundamental constitutional rights of the natural persons. �(2013-416, s. 1.) � 1-87.17.� Motions to transfer proceedings to a foreign venue or forum.
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West's Louisiana Code of Civil Procedure (2007 Edition 25

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The remedies thus available include arrest, attachment, garnishment, replevin, sequestration, and other corresponding or equivalent remedies, however designated. ������������ (1) Notice. B Appointment of guardian ad litem for minors; incapacitated or financially incapable parties. Objection to subpoena for court proceedings. The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required. (2) Contents; Expiration.
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