MOTIONS PRACTICE BEFORE THE MERIT SYSTEMS PROTECTION BOARD AND THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION By Ernest C. Hadley and Sarah S.
|
|
|
- Madison Copeland
- 5 years ago
- Views:
Transcription
1 MOTIONS PRACTICE BEFORE THE MERIT SYSTEMS PROTECTION BOARD AND THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION By Ernest C. Hadley and Sarah S. Tuck TABLE OF CONTENTS PREFACE CHAPTER ONE - FEDERAL RULES OF CIVIL PROCEDURE A. Federal Rules and Motion Practice 1. Form of Motions a. Form of MSPB Motions b. Form of EEOC Motions 2. Signature of Motions 3. Motions to Dismiss 4. Motions for More Definite Statement 5. Motions to Strike 6. Motions for Protective Orders 7. Motions to Compel Discovery 8. Motions for Summary Judgment 9. Other Federal Rules CHAPTER TWO - BASIC MOTION PRACTICE BEFORE THE MSPB A. Definitions B. Form of Motions 1. Case Captions 2. Certificates of Service C. Statements of Representatives D. Rulings on Motions CHAPTER THREE - PREHEARING MOTION PRACTICE MSPB A. Motions to Dismiss Lack of Jurisdiction 1. Ineligible Employees 2. Uncovered Personnel Actions 3. Sample Acknowledgment/Show Cause Order 4. Mootness 5. "Whistleblowing" Appeals a. IRA Appeal Criteria b. Actions Prior to WPA
2 c. Timeliness of Appeal d. Premature Appeals e. Late Appeals f. Personnel Actions Within WPA g. OSC Pleading Requirement h. Protected Disclosures 6. Res Judicata and Collateral Estoppel a. Res Judicata b. Collateral Estoppel 7. Last Chance Settlements a. Sample Motion to Dismiss Last Chance Agreement B. Motions to Dismiss Timeliness 1. Role of Administrative Judge 2. Time Limits for Initial Appeals 3. Showing of Good Cause a. Sample Motion to Dismiss Appeal as Untimely b. Sample Motion to Waive Time Limit for Appeal 4. Filing With the Wrong Agency 5. Individual Right of Action Appeals C. Motions for Extensions of Time 1. Sample Motion to Extend Time to File Agency Response 2. Sample Motion to Extend Time for Discovery 3. Unnecessary Motions for Extensions 4. Joint Motion for Extension of Time a. Sample Joint Motion Extension of Time 5. Proposed Orders a. Sample Proposed Order 6. Opposing Extension Motions a. Sample Opposition to Extension of Time D. Motions to Dismiss Without Prejudice E. Motions for Protective Orders 1. Protective Orders Abusive Discovery a. Sample Motion for Protective Order Abusive Discovery 2. Witness Protection 3. Joint Motions for Protective Orders a. Sample Joint Motion for a Protective Order 4. Motion to Seal Record 5. Method of Discovery 6. Protective Orders in OSC and IRA Cases F. Motions to Compel Discovery 1. Scope of Discovery 2. Procedure for Filing 3. Judge's Role in Discovery Disputes a. Rulings b. Orders 4. Drafting the Motion 5. Sample Motion to Compel Discovery 6. Compelling Deposition Testimony a. Sample Motion to Compel Deposition Testimony G. Motions for Subpoenas
3 1. Witness Fees 2. Obtaining Discovery Through Subpoenas 3. Sample Motion for Nonparty Deposition Subpoena 4. Sample Motion for Subpoena Duces Tecum 5. Issuance of Subpoenas 6. Serving the Subpoena 7. Motions to Quash or Limit Subpoenas H. Motions for Disqualification of Judge 1. Sample Motion for Disqualification of Judge I. Motions for Interlocutory Appeal 1. Allegations of Bias 2. Intervention Requests 3. Sample Certification Motion Bias 4. Sample Certification Motion Question of Law J. Motions to Change Venue or Hearing Site 1. Criteria for Change 2. Sample Motion Change in Hearing Site K. Motions in Limine 1. Sample Motion in Limine L. Motions to Strike Evidence a. Untimely Submissions b. Failure to Comply with Board Order c. Frivolous Allegations d. Responding to Motions to Strike M. Motions for Sanctions 1. Mixed Cases 2. Sample Motion for Discovery Sanctions 3. Sample Motion for Sanctions Bad Faith Response 4. Sample Motion for Sanctions Failure to Defend Appeal N. Motion to Use Deposition at Hearing 1. Sample Motion to Admit Deposition Testimony 2. Sample Consented to Motion to Admit O. Motions for Substitution of Executor P. Motions to Supplement Prehearing Submission 1. Sample Motion to Supplement New Affirmative Defense 2. Sample Motion to Supplement Late Discovery Responses CHAPTER FOUR - POSTHEARING MOTION PRACTICE MSPB A. Motions to Supplement or Reopen the Record 1. Supplementing Record Prior to Initial Decision 2. Supplementing Record After Initial Decision 3. New Evidence 4. Material Evidence 5. Criteria for Admission 6. Sample Motion to Reopen Record 7. Sample Opposition to Motion to Reopen Record B. Motions to Intervene 1. Intervenors 2. Amicus Curiae
4 3. Sample Motion File Amicus Curiae Brief C. Motions for Attorney Fees 1. Prevailing Party Status 2. Attorney-Client Relationship 3. Interest of Justice Standard 4. Reasonable Hourly Rate a. Time Reasonably Expended 5. Costs a. Sample Fee Affidavit 6. Opposing Fee Motions 7. Sample Motion for Attorney Fees CHAPTER FIVE - BASIC MOTION PRACTICE BEFORE THE EEOC A. Definitions B. Form of Motions 1. Case Captions 2. Certificates of Service C. Statements of Representatives CHAPTER SIX - PREHEARING MOTION PRACTICE EEOC A. Motions to Dismiss 1. Failure to State a Claim a. Sample Motion to Dismiss Failure to State a Claim b. Sample Response to Agency Motion to Dismiss 2. Untimely Complaints a. Sample Motion to Dismiss-Timeliness 3. Matters Not Raised with Counselor 4. Identical Complaints a. Res Judicata and Collateral Estoppel 5. Election of Remedies 6. Mootness 7. Offers of Full Relief 8. Failure to Prosecute B. Motions for Extensions of Time 1. Sample Joint Motion Extension of Time 2. Opposing Extension Motions C. Motions to Remand to Agency D. Motions for Protective Orders 1. Discovery Agreements 2. Abusive Discovery a. Sample Motion for Protective Order 3. In Camera Review 4. Motion to Seal Record E. Motions to Compel Discovery 1. Scope and Methods of Discovery 2. Procedure for Filing 3. Judge's Role in Discovery Disputes 4. Discovery Costs
5 a. Sample Motion for Discovery Costs 5. Evidence of Damages a. Psychotherapist Privilege 6. Motions for Subpoenas F. Motions for Sanctions 1. Attorney Fees as Sanctions a. Sample Motion for Fees as Sanction G. Motions for Disqualification of Judge H. Motions for Interlocutory Appeal I. Motions to Change Venue or Hearing Site 1. Sample Joint Motion Change in Hearing Site J. Motions in Limine K. Motions to Strike Evidence L. Motions for Summary Judgment 1. Summary Judgment Standard a. Genuine Dispute of Material Fact b. Judgment as a Matter of Law 2. Burdens of Proof 3. Partial Summary Judgment 4. Uses of Summary Judgment a. No Prima Facie Case b. Rehabilitation Act Cases 5. Sample Agency Motion for Summary Judgment 6. Sample Complainant Motion for Summary Judgment M. Motions to Substitute Executor CHAPTER SEVEN - POSTHEARING MOTION PRACTICE EEOC A. Motions to Supplement or Reopen Hearing Record 1. Prior to Recommended Decision B. Motions to Intervene C. Motions for Attorney Fees 1. Prevailing Party Status 2. Attorney-Client Relationship 3. Reasonable Hourly Rate 4. Time Reasonably Expended 5. Age Discrimination Cases 6. Costs 7. Opposing Fee Motions
TABLE OF CONTENTS. PREFACE...i
PREFACE...i CHAPTER 1: DISCOVERY: OVERVIEW AND RULES... 1 I. DEFINITION AND PURPOSE...1 II. ROLE OF THE ADMINISTRATIVE JUDGE IN INITIAL DISCOVERY MATTERS...2 III. RESPONSIBILITY OF THE PARTIES IN PURSING
Civil Litigation Forms Library
Civil Litigation Forms Library Notice of Circumstances Giving Rise to Claim and Claim Against Governmental Subdivision, Its Officers, Employees, or Agents Notice of Claim Against State Officer, Employee,
Ch. 41 MEDICAL ASSISTANCE APPEAL PROCEDURES 55 CHAPTER 41. MEDICAL ASSISTANCE PROVIDER APPEAL PROCEDURES GENERAL PROVISIONS
Ch. 41 MEDICAL ASSISTANCE APPEAL PROCEDURES 55 CHAPTER 41. MEDICAL ASSISTANCE PROVIDER APPEAL PROCEDURES Sec. 41.1. Scope. 41.2. Construction and application. 41.3. Definitions. 41.4. Amendments to regulation.
Standing Practice Order Pursuant to 20.1 of Act Establishing Rules Governing Practice and Procedure in Medical Assistance Provider Appeals
Standing Practice Order Pursuant to 20.1 of Act 2002-142 Establishing Rules Governing Practice and Procedure in Medical Assistance Provider Appeals TABLE OF CONTENTS PART I--PRELIMINARY PROVISIONS Subpart
TEXAS DISCOVERY. Brock C. Akers CHAPTER 1 LAW REVISIONS TO TEXAS RULES OF CIVIL PROCEDURE GOVERNING DISCOVERY
TEXAS DISCOVERY Brock C. Akers CHAPTER 1 LAW 2. 1999 REVISIONS TO TEXAS RULES OF CIVIL PROCEDURE GOVERNING DISCOVERY 3. DISCOVERY CONTROL PLANS 4. FORMS OF DISCOVERY A. Discovery Provided for by the Texas
PART IX. ENVIRONMENTAL HEARING BOARD
PART IX. ENVIRONMENTAL HEARING BOARD Chap. Sec. 1021. PRACTICE AND PROCEDURE... 1021.1 CHAPTER 1021. PRACTICE AND PROCEDURE PRELIMINARY PROVISIONS GENERAL Sec. 1021.1. Scope of chapter. 1021.2. Definitions.
Litigation ATTORNEY CLIENT RELATIONS GENERAL PROCEDURES & PRACTICE. continued on page 2
Litigation Hundreds of Louisiana litigators already successfully modify Texas forms to work in Louisiana. ProDoc makes it far easier by combining hundreds of forms from its Texas Litigation Library with
Criminal Law Table of Contents
Criminal Law Table of Contents Attorney - Client Relations Legal Services Retainer Agreement - Hourly Fee Appearance of Counsel Waiver of Conflict of Interest Letter Declining Representation Motion to
RULES OF TENNESSEE PUBLIC UTILITY COMMISSION CHAPTER PRACTICE AND PROCEDURE - CONTESTED CASES TABLE OF CONTENTS
RULES OF TENNESSEE PUBLIC UTILITY COMMISSION CHAPTER 1220-01-02 PRACTICE AND PROCEDURE - CONTESTED CASES TABLE OF CONTENTS 1220-01-02-.01 Definitions 1220-01-02-.12 Pre-Hearing Conferences 1220-01-02-.02
INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT
Indiana False Claims and Whistleblower Protection Act, codified at 5-11-5.5 et seq (as amended through P.L. 109-2014) Indiana Medicaid False Claims and Whistleblower Protection Act, codified at 5-11-5.7
Nebraska Civil Practice & Procedure Manual
Nebraska Civil Practice & Procedure Manual TABLE OF CONTENTS Case Analysis, Screening & Preparation...17 I. Introduction: Case Analysis, Screening and Initial Preparation...23 II. Questions of Ethics,
HAWAII ADMINISTRATIVE RULES TITLE 12 DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS SUBTITLE 7 BOARDS CHAPTER 47
HAWAII ADMINISTRATIVE RULES TITLE 12 DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS SUBTITLE 7 BOARDS CHAPTER 47 LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE Subchapter 1
RULES OF PROCEDURE FOR THE ADMINISTRATIVE LAW COURT
RULES OF PROCEDURE FOR THE ADMINISTRATIVE LAW COURT Effective April 27, 2016 TABLE OF CONTENTS I. GENERAL PROVISIONS... 1 1. Authority and Applicability.... 1 2. Definitions.... 1 A. Administrative Law
RULES OF THE UNIVERSITY OF TENNESSEE (ALL CAMPUSES)
RULES OF THE UNIVERSITY OF TENNESSEE (ALL CAMPUSES) CHAPTER 1720-1-5 PROCEDURE FOR CONDUCTING HEARINGS IN ACCORDANCE WITH THE CONTESTED CASE PROVISIONS OF THE UNIFORM TABLE OF CONTENTS 1720-1-5-.01 Hearings
GUIDE FILING AN APPEAL WITH THE U.S. MERIT SYSTEMS PROTECTION BOARD (MSPB) or Call (202)
GUIDE FILING AN APPEAL WITH THE U.S. MERIT SYSTEMS PROTECTION BOARD (MSPB) Washington, DC Office 815 Connecticut Ave NW Suite 720 Washington, D.C. 20006 To schedule a consultation, call (202) 787-1900
MSPB Advocacy TABLE OF CONTENTS. A. Introduction And Overview To Representing The Agency Before The MSPB. 3. Other Relevant Statutes And Regulations
MSPB Advocacy Description: This is a class for those who represent parties before the MSPB. It can be adapted to particularly suit Agency or Employee representatives. There is an emphasis on practical
THE STATE OFFICE OF ADMINISTRATIVE HEARINGS
THE STATE OFFICE OF ADMINISTRATIVE HEARINGS RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS TITLE 1, PART 7 CHAPTER 159 (Effective January 20, 2009) TABLE OF CONTENTS SUBCHAPTER A. GENERAL...
PART 4221 ARBITRATION OF DIS- PUTES IN MULTIEMPLOYER PLANS
4220.4 has been assigned, that fact must be indicated. (3) A copy of the amendment as adopted, including its proposed effective date. (4) A copy of the most recent actuarial valuation of the plan. (5)
Attorney s BriefCase Beyond the Basics Depositions in Family Law Matters
Attorney s BriefCase Beyond the Basics Depositions in Family Law Matters Code of Civil Procedure 1985.8 Subpoena seeking electronically stored information (a)(1) A subpoena in a civil proceeding may require
NC General Statutes - Chapter 150B Article 3A 1
Article 3A. Other Administrative Hearings. 150B-38. Scope; hearing required; notice; venue. (a) The provisions of this Article shall apply to: (1) Occupational licensing agencies. (2) The State Banking
Rules of the Equal Opportunities Commission November 10, 2016
Rules of the Equal Opportunities Commission November 10, 2016 1. Procedural Rules... 1 2. Definitions... 4 3. Procedures for Processing Complaints... 5 4. Investigation... 8 5. Initial Determination of
CHAPTER 03 - HEARINGS DIVISION SECTION HEARING PROCEDURES
CHAPTER 03 - HEARINGS DIVISION SECTION.0100 - HEARING PROCEDURES 26 NCAC 03.0101 GENERAL (a) The Rules of Civil Procedure as contained in G.S. 1A-1 and the General Rules of Practice for the Superior and
Compelling an Out-Of-State Witness to Give Testimony or Produce Records at a Deposition for Use in a Foreign Jurisdiction
Compelling an Out-Of-State Witness to Give Testimony or Produce Records at a Deposition for Use in a Foreign Jurisdiction INTRODUCTION This material is intended to provide the legal practitioner, legal
RULES OF PROCEDURE FOR THE ADMINISTRATIVE LAW COURT
RULES OF PROCEDURE FOR THE ADMINISTRATIVE LAW COURT Effective April 29, 2010 TABLE OF CONTENTS I. GENERAL PROVISIONS... 1 1. Authority and Applicability.... 1 2. Definitions.... 1 A. Administrative Law
SUMMARY OF CONTENTS SC-1.
SUMMARY OF CONTENTS VOLUME 1 SUMMARY OF CONTENTS VOLUME 1 Chapter 1. Preliminary Matters............................ 1-1 Chapter 2. Parties...................................... 2-1 Chapter 3. Service......................................
COMPREHENSIVE JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES
COMPREHENSIVE JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES Effective October 1, 2010 JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES JAMS provides arbitration and mediation services from Resolution
ADMINISTRATIVE RULES FOR CONTESTED CASE HEARINGS MUNICIPAL EMPLOYEES RETIREMENT SYSTEM OF MICHIGAN. Effective June 1, 2016 Amended June 19, 2017
ADMINISTRATIVE RULES FOR CONTESTED CASE HEARINGS MUNICIPAL EMPLOYEES RETIREMENT SYSTEM OF MICHIGAN Effective June 1, 2016 Amended June 19, 2017 TABLE OF CONTENTS Rule 1 Scope... 3 Rule 2 Construction of
RULE 1:13. Miscellaneous Rules As To Procedure
RULE 1:13. Miscellaneous Rules As To Procedure 1:13-1. Clerical Mistakes Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight and omission may at
Table of Contents. See also Summary of Contents beginning on page vii.
Table of Contents See also Summary of Contents beginning on page vii. Chapter One General Discovery Duties and Obligations in Pennsylvania Courts... 1 Brian W. Waerig, Esq. I. The Scope of Discovery...
CITY OF BELLINGHAM HEARING EXAMINER RULES OF PRACTICE AND PROCEDURE
CITY OF BELLINGHAM HEARING EXAMINER RULES OF PRACTICE AND PROCEDURE Section 1: General Provisions... 4 1.01 APPLICABILITY... 4 1.02 EFFECTIVE DATE... 4 1.03 INTERPRETATION OF RULES... 4 Section 2: Rules
Ch. 197 PRACTICE AND PROCEDURE 37. Subpart L. STATE HEALTH FACILITY HEARING BOARD 197. PRACTICE AND PROCEDURE Authority
Ch. 197 PRACTICE AND PROCEDURE 37 Subpart L. STATE HEALTH FACILITY HEARING BOARD Chap. Sec. 197. PRACTICE AND PROCEDURE... 197.1 The provisions of this Subpart L issued under the Health Care Facilities
COPYRIGHT 2009 THE LAW PROFESSOR
CIVIL PROCEDURE SHOPPING LIST OF ISSUES FOR CIVIL PROCEDURE Professor Gould s Shopping List for Civil Procedure. 1. Pleadings. 2. Personal Jurisdiction. 3. Subject Matter Jurisdiction. 4. Amended Pleadings.
TENNESSEE HEALTH CARE & MEDICAID FALSE CLAIMS ACTS
. TENNESSEE HEALTH CARE & MEDICAID FALSE CLAIMS ACTS Tennessee Health Care False Claims Act And Tennessee Medicaid False Claims Act 56-26-401 Short title. The title of this part is, and it may be cited
TITLE XIV TRIALS (6/30/03) 84. The amendment is effective as of June 30, 2003.
RULE 40. TITLE XIV TRIALS PLACE OF TRIAL (a) Designation of Place of Trial: The petitioner, at the time of filing the petition, shall file a designation of place of trial showing the place at which the
VIRGIN ISLANDS SUPREME COURT RULES (as amended November 2, 2011)
VIRGIN ISLANDS SUPREME COURT RULES (as amended November 2, 2011) RULE Rule 1. Scope of Rules; Terms; Sessions; Seal; Filing in Superior Court. (a) Title and Citation (b) Scope of Rules (c) Authority for
STREAMLINED JAMS STREAMLINED ARBITRATION RULES & PROCEDURES
JAMS STREAMLINED ARBITRATION RULES & PROCEDURES Effective JULY 15, 2009 STREAMLINED JAMS STREAMLINED ARBITRATION RULES & PROCEDURES JAMS provides arbitration and mediation services from Resolution Centers
Ch. 491 PRACTICE AND PROCEDURE 67 ARTICLE V. GENERAL PROCEDURES
Ch. 491 PRACTICE AND PROCEDURE 67 ARTICLE V. GENERAL PROCEDURES Chap. Sec. 491. ADMINISTRATIVE PRACTICE AND PROCEDURE... 491.1 493. SERVICE, ACCEPTANCE, AND USE OF LEGAL PROCESS AND LEGAL PROCEEDINGS...
Initial Pre-hearing Arbitration Scheduling Order. Parties
IN THE MATTER OF: Claimant(s): Respondent(s): Case Number: Initial Pre-hearing Arbitration Scheduling Order Parties This case was filed under the American Arbitration Association Expedited Commercial Rules.
The 30.02(6), or 30(b)(6), Witness: Proper Notice, Preparation, and Deposition Techniques
The 30.02(6), or 30(b)(6), Witness: Proper Notice, Preparation, and Deposition Techniques Materials By: James Bryan Moseley Moseley & Moseley, Attorneys At Law 237 Castlewood Drive, Suite D Murfreesboro,
NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY. VESTED IN the Environmental Control Board by Section 1049-a
NOTICE OF PROMULGATION OF AMENDMENTS TO THE RULES OF PROCEDURE OF THE ENVIRONMENTAL CONTROL BOARD, CHAPTER 3 OF TITLE 48 OF THE RULES OF THE CITY OF NEW YORK NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY
HOW TO FILE A COMPLAINT UNDER THE FRS INVESTMENT PLAN
HOW TO FILE A COMPLAINT UNDER THE FRS INVESTMENT PLAN If you, as a member of the FRS Investment Plan or FRS Pension Plan, are dissatisfied with the services of an Investment Plan or MyFRS Financial Guidance
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington Field Office ORDER ENTERING DEFAULT JUDGMENT
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington Field Office 131 M Street, N.E. Suite 4NW02F Washington, DC 20507 (202 419-0713 TTY (202 419-0702 FAX (202 653-6053 1-800-669-4000, Complainant,
REPORT OF THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE COMMITTEE
IN THE SUPREME COURT OF FLORIDA SUPREME COURT NO. IN RE: AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE / REPORT OF THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE COMMITTEE COME
Drafting and Issuing Discovery Subpoenas: Maryland
Resource ID: w-012-9309 Drafting and Issuing Discovery Subpoenas: Maryland CATHERINE M. MANOFSKY AND JUSTIN A. REDD, KRAMON & GRAHAM PA, WITH PRACTICAL LAW LITIGATION Search the Resource ID numbers in
ARTICLE 5.--ADMINISTRATIVE PROCEDURE ACT GENERAL PROVISIONS. K.S.A through shall be known and may be cited as the Kansas
ARTICLE.--ADMINISTRATIVE PROCEDURE ACT GENERAL PROVISIONS December, 00-0. Title. K.S.A. -0 through - - shall be known and may be cited as the Kansas administrative procedure act. History: L., ch., ; July,.
NC General Statutes - Chapter 150B Article 3 1
Article 3. Administrative Hearings. 150B-22. Settlement; contested case. It is the policy of this State that any dispute between an agency and another person that involves the person's rights, duties,
Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators
Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators Jay E. Grenig Rocco M. Scanza Cornell University, ILR School Scheinman Institute on Conflict Resolution JURIS Questions
Investigations and Enforcement
Investigations and Enforcement Los Angeles Administrative Code Section 24.1.2 Last Revised January 26, 2007 Prepared by City Ethics Commission CEC Los Angeles 200 North Spring Street, 24 th Floor Los Angeles,
Mastering Civil Procedure Checklist
Mastering Civil Procedure Checklist For cases originally filed in federal court, is there an anchor claim, over which the court has personal jurisdiction, venue, and subject matter jurisdiction? If not,
Foreclosure Actions Based on Breach of Contract
Florida Foreclosure Litigation Part 1: Proving the Case Elements of a Foreclosure Foreclosure Actions Based on Breach of Contract Existence of a contract (obligation between the parties) Breach of the
Chapter 11. Proceedings other than Rulemaking; General Procedural Rules
Chapter 11. Proceedings other than Rulemaking; General Procedural Rules 1101. Proceedings by the Board [Formerly 901] A. Proceedings initiated by the board, except for the promulgation, amendment or repeal
ESSAY APPROACH. Bar Exam Doctor BAREXAMDOCTOR.COM. CIVIL PROCEDURE FEDERAL CIVIL PROCEDURE CALIFORNIA CIVIL PROCEDURE
ESSAY APPROACH www.barexamdoctor.com CIVIL PROCEDURE FEDERAL CIVIL PROCEDURE CALIFORNIA CIVIL PROCEDURE CIVIL PROCEDURE ESSAY (FEDERAL) I. DOES THE CT HAVE THE AUTHORITY TO DECIDE THE DISPUTE? a. Does
Docket Number: 3916 COMMONWEALTH OF PENNSYLVANIA, STATE SYSTEM OF HIGHER EDUCATIION, SHIPPENSBURG UNIVERSITY
COMMONWEALTH OF PENNSYLVANIA, STATE SYSTEM OF HIGHER EDUCATIION, SHIPPENSBURG UNIVERSITY Thomas J. Madigan, Esquire Ann B. Graff, Esquire VS. LYONS CONSTRUCTION SERVICES, INC. Christoper R. Opalinski,
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE HEARING EXAMINER OF THE CITY OF PUYALLUP, WASHINGTON CHAPTER I: HEARINGS ON PERMIT APPLICATIONS
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE HEARING EXAMINER OF THE CITY OF PUYALLUP, WASHINGTON CHAPTER I: HEARINGS ON PERMIT APPLICATIONS Purpose These are intended to facilitate orderly open record
APPEALS, LITIGATION and WORKING WITH THE GENERAL COUNSEL
APPEALS, LITIGATION and WORKING WITH THE GENERAL COUNSEL Scott A. Hodes Ramona Branch Oliver With special appreciation to Richard Huff for his contributions to the slide presentation APPEAL TIPS Make and
Conducting Effective Motion Practice
Chapter 4 Conducting Effective Motion Practice Laura Caldera Taylor Bullivant Houser Bailey PC Portland, Oregon Contents I. Practical Tips for Improved Communication with the Court...................4
Rhode Island False Claims Act
Rhode Island False Claims Act 9-1.1-1. Name of act. [Effective until February 15, 2008.] This chapter may be cited as the State False Claims Act. 9-1.1-2. Definitions. [Effective until February 15, 2008.]
TITLE 2 PROCEDURAL RULE BOARD OF ARCHITECTS SERIES 2 DISCIPLINARY AND COMPLAINT PROCEDURES FOR ARCHITECTS
TITLE 2 PROCEDURAL RULE BOARD OF ARCHITECTS SERIES 2 DISCIPLINARY AND COMPLAINT PROCEDURES FOR ARCHITECTS 2-2-1. General. 3.5. Investigator means a member or staff member of the board, or a licensed architect,
District of Columbia Court of Appeals Board on Professional Responsibility. Board Rules
District of Columbia Court of Appeals Board on Professional Responsibility Board Rules Adopted June 23, 1983 Effective July 1, 1983 This edition represents a complete revision of the Board Rules. All previous
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION
Case 4:11-mc-00073-RH-CAS Document 71 Filed 11/20/12 Page 1 of 5 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION In re Application of: The REPULIC
GUIDE TO DISCIPLINARY HEARING PROCEDURES
GUIDE TO DISCIPLINARY HEARING PROCEDURES All persons named as respondents in a disciplinary proceeding brought by the Financial Industry Regulatory Authority (FINRA) have the right to a hearing. The purpose
Babin et al v. Breaux et al Doc. 41 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ORDER
Babin et al v. Breaux et al Doc. 41 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA IRA PAUL BABIN, ET AL VERSUS CIVIL ACTION NUMBER 10-368-BAJ-DLD PAM BREAUX, ET AL motions: Background ORDER
WASHINGTON STATE MEDICAID FRAUD FALSE CLAIMS ACT. This chapter may be known and cited as the medicaid fraud false claims act.
Added by Chapter 241, Laws 2012. Effective date June 7, 2012. RCW 74.66.005 Short title. WASHINGTON STATE MEDICAID FRAUD FALSE CLAIMS ACT This chapter may be known and cited as the medicaid fraud false
FINRA Dispute Resolution Arbitrator Training. Motions to Dismiss Training Module Release Date August 2010 (Rule Effective Date February 23, 2009)
FINRA Dispute Resolution Arbitrator Training Motions to Dismiss Training Module Release Date August 2010 (Rule Effective Date February 23, 2009) Introduction to Motions to Dismiss In this training module
Investigations and Enforcement
Investigations and Enforcement Los Angeles Administrative Code Sections 24.21 24.29 Last Revised August 14, 2017 Prepared by City Ethics Commission CEC Los Angeles 200 North Spring Street, 24 th Floor
SECTION 1. SHORT TITLE. This [act] may be cited as the Uniform Family Law
![SECTION 1. SHORT TITLE. This [act] may be cited as the Uniform Family Law](/thumbs/84/89690261.jpg "SECTION 1. SHORT TITLE. This [act] may be cited as the Uniform Family Law")
1 1 1 0 1 UNIFORM FAMILY LAW ARBITRATION ACT Revisions July, 0 SECTION 1. SHORT TITLE. This [act] may be cited as the Uniform Family Law Arbitration Act. SECTION. DEFINITIONS. In this [act]: (1) Arbitration
ARBITRATION RULES. Commercial Brokers Association
ARBITRATION RULES 1. Conduct of Hearings. All hearings shall be conducted in accordance with these Rules, and any procedures and forms approved by the Board of Directors. 2. Small Claims. All disputes
O.C.G.A. TITLE 23 Chapter 3 Article 6. GEORGIA CODE Copyright 2015 by The State of Georgia All rights reserved.
O.C.G.A. TITLE 23 Chapter 3 Article 6 GEORGIA CODE Copyright 2015 by The State of Georgia All rights reserved. *** Current Through the 2015 Regular Session *** TITLE 23. EQUITY CHAPTER 3. EQUITABLE REMEDIES
FLORIDA RULES OF CIVIL PROCEDURE FOR INVOLUNTARY COMMITMENT OF SEXUALLY VIOLENT PREDATORS
FLORIDA RULES OF CIVIL PROCEDURE FOR INVOLUNTARY COMMITMENT OF SEXUALLY VIOLENT PREDATORS FLORIDA RULES OF CIVIL PROCEDURE FOR INVOLUNTARY COMMITMENT OF SEXUALLY VIOLENT PREDATORS... 1 RULE 4.010. SCOPE
Rules of Procedure TABLE OF CONTENTS
OSB Rules of Procedure (Revised 1/1/2018) 1 Rules of Procedure (As approved by the Supreme Court by order dated February 9, 1984 and as amended by Supreme Court orders dated April 18, 1984, May 31, 1984,
Rehabilitation Services Chapter ALABAMA DEPARTMENT OF REHABILITATION SERVICES ADMINISTRATIVE CODE CHAPTER FORMAL HEARINGS
ALABAMA DEPARTMENT OF REHABILITATION SERVICES ADMINISTRATIVE CODE CHAPTER 795-2-3 FORMAL HEARINGS TABLE OF CONTENTS 795-2-3-.01 Request For Formal Hearing And Appointment Of Hearing Office 795-2-3-.02
DSCC Uniform Administrative Procedures Policy
DSCC Uniform Administrative Procedures Policy 01: Mission, Purpose and System of Governance 01:07:00:00 Purpose: The purpose of these procedures is to provide a basis for uniform procedures to be used
Sub Docket Date Docket Code Docket Description Misc Info COSTS ASSESSED Costs Assessed
Court: Snohomish Superior Case Number: 13-1-01918-8 Sub Docket Date Docket Code Docket Description Misc Info - 08-30-2013 COSTS ASSESSED Costs Assessed 200.00 1 08-30-2013 INFORMATION ATP0001 2 08-30-2013
Chapter 5 DISCOVERY. 5.1 Vocabulary Introduction and Discovery Deadlines Chart The Deposition 6
Chapter 5 DISCOVERY 5.1 Vocabulary 4 5.2 Introduction and Discovery Deadlines Chart 5.1 5.3 The Deposition 6 5.3.1 Deposition of a Party - Appearance Only 7 Set a Date, Time and Place for the Deposition
Legal 145b FINAL EXAMINATION. Prepare a Motion to Quash Subpoena.
A. Motion to Quash Assignment Legal 145b FINAL EXAMINATION Prepare a Motion to Quash Subpoena. Recently you prepared a subpoena. Look at the front of the subpoena where it tells you how to oppose a subpoena.
RULES OF SUPREME COURT OF VIRGINIA PART ONE RULES APPLICABLE TO ALL PROCEEDINGS
RULES OF SUPREME COURT OF VIRGINIA PART ONE RULES APPLICABLE TO ALL PROCEEDINGS Rule 1:18. Pretrial Scheduling Order. A. In any civil case the parties, by counsel of record, may agree and submit for approval
OKLAHOMA FALSE CLAIMS ACT
. OKLAHOMA FALSE CLAIMS ACT OKLAHOMA MEDICAID FALSE CLAIMS ACT 63-5053. Short title. This act shall be known and may be cited as the "Oklahoma Medicaid False Claims Act". Added by Laws 2007, c. 137, 1,
Docket Number: 1150 GREEN CONSTRUCTION COMPANY. Paul A. Logan, Esquire (co-counsel) CLOSED VS.
Docket Number: 1150 GREEN CONSTRUCTION COMPANY Paul A. Logan, Esquire (co-counsel) VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION John J. Robinson, Jr., Chief Claims Attorney 1 October 2,
ADR CODE OF PROCEDURE
Last Revised 12/1/2006 ADR CODE OF PROCEDURE Rules & Procedures for Arbitration RULE 1: SCOPE OF RULES A. The arbitration Rules and Procedures ( Rules ) govern binding arbitration of disputes or claims
Department of Labor Relations TABLE OF CONTENTS. Connecticut State Labor Relations Act. Article I. Description of Organization and Definitions
Relations TABLE OF CONTENTS Connecticut State Labor Relations Act Article I Description of Organization and Definitions Creation and authority....................... 31-101- 1 Functions.................................
Principles and Practice of Maryland Administrative Law
Principles and Practice of Maryland Administrative Law Arnold Rochvarg UNIVERSITY OF BALTIMORE SCHOOL OF LAW CAROLINA ACADEMIC PRESS Durham, North Carolina Contents Preface xv Chapter 1 Introduction 3
NC General Statutes - Chapter 1A Article 5 1
Article 5. Depositions and Discovery. Rule 26. General provisions governing discovery. (a) Discovery methods. Parties may obtain discovery by one or more of the following methods: depositions upon oral
Administrative Rules for the Office of Professional Regulation Effective date: February 1, Table of Contents
Administrative Rules for the Office of Professional Regulation Effective date: February 1, 2003 Table of Contents PART I Administrative Rules for Procedures for Preliminary Sunrise Review Assessments Part
RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 6:4. PROCEEDINGS BEFORE TRIAL
RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 6:4. PROCEEDINGS BEFORE TRIAL 6:4-1. Transfer of Actions (a) Consolidation With Actions In Other Courts. An action pending in the Special Civil
Docket Number: 1300 Consolidated with Docket Nos. 1150, 1167, 1371 GREEN CONSTRUCTION COMPANY. C. Grainger Bowman, Esquire VS.
Docket Number: 1300 Consolidated with Docket Nos. 1150, 1167, 1371 GREEN CONSTRUCTION COMPANY C. Grainger Bowman, Esquire VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION John J. Robinson,
LIST OF CHAPTERS VOLUME 1 INTRODUCTION TO ALTERNATIVE DISPUTE RESOLUTION IN COLORADO INTRODUCTION TO COLORADO AND FEDERAL LAWS OF ARBITRATION
LIST OF CHAPTERS VOLUME 1 Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 Chapter 13 Chapter 14 Chapter 15 Chapter 16 INTRODUCTION
SEC. 6. AIA: POST-GRANT REVIEW PROCEEDINGS
SEC. 6. AIA: POST-GRANT REVIEW PROCEEDINGS (a) INTER PARTES REVIEW. Chapter 31 of title 35, United States Code, is amended to read as follows: Sec. 3 1 1. I n t e r p a r t e s r e v i e w. 3 1 2. P e
Docket Number: SHOVEL TRANSFER & STORAGE, INC. William G. Merchant, Esquire CLOSED VS.
Docket Number: 1120 SHOVEL TRANSFER & STORAGE, INC. William G. Merchant, Esquire VS. COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA LIQUOR CONTROL BOARD Gary F. DiVito, Chief Counsel Kenneth B. Skelly, Chief
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS EMPLOYMENT RELATIONS COMMISSION GENERAL RULES
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS EMPLOYMENT RELATIONS COMMISSION GENERAL RULES (By authority conferred on the director of the department of licensing and regulatory affairs by sections 7,
FLORIDA FAMILY LAW RULES OF PROCEDURE TABLE OF CONTENTS FAMILY LAW FORMS, COMMENTARY, AND INSTRUCTIONS... 5 CITATIONS TO OPINIONS ADOPTING OR
FLORIDA FAMILY LAW RULES OF PROCEDURE TABLE OF CONTENTS FAMILY LAW FORMS, COMMENTARY, AND INSTRUCTIONS... 5 CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES... 11 RULE 12.000. PREFACE... 14 RULE 12.003.
Going through the Motions. Alicia S. Hall Maron Marvel Bradley Anderson & Tardy LLC April 28, 2017
Going through the Motions Alicia S. Hall Maron Marvel Bradley Anderson & Tardy LLC April 28, 2017 Why Motion Practice? Motions throughout Litigation Pleadings Discovery Motions Pre-trial Motions Trial
Docket Number: 1371 Consolidated with Docket Nos. 1150, 1167, GREEN CONSTRUCTION COMPANY, to the use of CHAPIN & CHAPIN
Docket Number: 1371 Consolidated with Docket Nos. 1150, 1167, 1300 GREEN CONSTRUCTION COMPANY, to the use of CHAPIN & CHAPIN C. Grainger Bowman, Esquire VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) )
SCOTT M. KENDALL, SBN Law Offices of Scott M. Kendall 01 East Stockton Blvd Suite 0 Elk Grove, CA - ( -00 Attorney for Plaintiff PLANS, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Colorado Medicaid False Claims Act
Colorado Medicaid False Claims Act (C.R.S. 25.5-4-303.5 to 310) i 25.5-4-303.5. Short title This section and sections 25.5-4-304 to 25.5-4-310 shall be known and may be cited as the "Colorado Medicaid
PART 6: RESOLVING ISSUES AND PRESERVING RIGHTS
PART 6: RESOLVING ISSUES AND PRESERVING RIGHTS What this Part is about: This Part is designed to resolve issues and questions arising in the course of a Court action. It includes rules describing how applications
Chicago False Claims Act
Chicago False Claims Act Chapter 1-21 False Statements 1-21-010 False Statements. Any person who knowingly makes a false statement of material fact to the city in violation of any statute, ordinance or
R U L E S. of the A R M E D S E R V I C E S B O A R D O F C O N T R A C T A P P E A L S
R U L E S of the A R M E D S E R V I C E S B O A R D O F C O N T R A C T A P P E A L S Approved 15 July 1963 Revised 1 May 1969 Revised 1 September 1973 Revised 30 June 1980 Revised 11 May 2011 Revised
Court Records Glossary
Court Records Glossary Documents Affidavit Answer Appeal Brief Case File Complaint Deposition Docket Indictment Interrogatories Injunction Judgment Opinion Pleadings Praecipe A written or printed statement
DEPOSITIONS UPON ORAL EXAMINATION. Notice; Method of Taking; Production at Deposition.
RULE 1.310. DEPOSITIONS UPON ORAL EXAMINATION (a) When Depositions May Be Taken. After commencement of the action any party may take the testimony of any person, including a party, by deposition upon oral
ASSEMBLY BILL No. 1143
AMENDED IN ASSEMBLY MAY 0, 00 AMENDED IN ASSEMBLY MAY 1, 00 AMENDED IN ASSEMBLY APRIL 0, 00 AMENDED IN ASSEMBLY APRIL, 00 CALIFORNIA LEGISLATURE 00 0 REGULAR SESSION ASSEMBLY BILL No. Introduced by Assembly