COPYRIGHT 2009 THE LAW PROFESSOR

Size: px
Start display at page:

Download "COPYRIGHT 2009 THE LAW PROFESSOR"

Transcription

1 CIVIL PROCEDURE

2 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. 5. Supplemental Jurisdiction. 6. Discovery. 7. Multi-Party and Multi-Claim Litigation. 8. Erie Doctrine. 9. Preclusive Effect. 10. Summary Judgment. 11. Trial Procedure. The above list contains only Eleven Items and Twenty-Five Words, but it serves to remind you of all of the major common areas involved in a civil procedure essay. Also, it is timeline oriented, so that you can basically run through the items in order, as they appear in the fact pattern, and consider whether each item is an issue. Those items which contain issues should be highlighted, and any area not covered in the essay, should be deleted. Then, apply the relevant Templates for the areas which are highlighted.

3 THE PLEADINGS PLAINTIFF. The Complaint -- By Plaintiff -- Rule 8. Commences Action. Starts Tolling of Statute of Limitations. Requirements. Short and Plain Statement of the Claim Showing Entitlement to Relief. Grounds for Court Jurisdiction. Demand for Specific Relief / Remedies. Rule 8 Specificity. Notice Pleading. No Need for High Level of Specificity. Rule 9 Special Matters. Special Matters Must be Pleaded with Particularity if Raised at Trial. Includes: Fraud, Mistake, etc.

4 DEFENDANT. Defendant s Answer. Response to Complaint. Create Issues for Trial. Includes: Denials. Affirmative Defenses. Counterclaims. Compulsory Counterclaims. Same Transaction or Occurrence. Permissive Counterclaims. Leave of Court to Amend if Not Specific. Rule Attorney Representations Attorney Signature. Verify Pleadings Not Interposed for Improper Purpose. Claim Not Meant to Cause Harassment or to Cause Unnecessary Delays. 1. Attorney Put Forth Reasonable Inquiry. 2. Attorney Believes Claims are Viable. 3. Allegations have Evidentiary Support. 4. Claims Warranted by Existing Law or a Non-Frivolous Extension. Rule 11 Sanctions. For Claims, Defenses, Asserted for an Improper Purpose. Interposed to Cause Harassment or Unnecessary Delay. Safe Harbor. 21-Day Time Period in Which Offending Party may Withdraw or Modify Pleadings.

5 PERSONAL JURISDICTION Personal Jurisdiction. Proper Jurisdiction over people or property. Service -- Rule 4. Territory. 100-Mile Bulge. Third-Party Defendants. Indispensable Parties. Gaps Possible. Manner. Personally. Substitute Service. Agent. Local State Law. Service on Out-of-Staters. Corporation. Local State Law. Waiver of Service Rule. Defense to Claims of Jurisdiction. Special Appearance. Waived if Raises Other Rule 12 Motions without Personal Jurisdiction.

6 Notice and Opportunity to be Heard. Occurs where Defendant did not learn of suit until sometime after it was commenced. Constitutional Due Process. Reasonable Notice. Reasonableness Test. Where procedures were likely to inform Defendant. Opportunity to be Heard. Pre-Judgment Remedy. 1. Amount of harm to defendant s interest from a pre-judgment remedy. 2. Risk of an erroneous deprivation of defendant s property. 3. Strength of party interest in seeking the pre-judgment remedy. Venue. Factors to consider as to whether there is a proper venue: district. 1. If a defendant resides in that district, and all defendants reside in the state containing that 2. If substantial part of events giving rise to the claim occurred in the district. 3. If one defendant is reachable in said district, and no other district qualifies. Escape Hatch Provision. Overseas situations. Forum non conveniens. Factors. Plaintiff s Residence. Witnesses in Different State or County. Evidence is in Different State or County. Whether Forum s Laws Govern the Action. Jurisdiction over Things. In rem Actions. Interest in a specific thing. Quasi in rem Actions. Specific Performance of Land Sale Contract.

7 Out-of-State Defendants. Long-Arm Statutes. Minimum Contacts. General Personal Jurisdiction. Complained of action took place outside of Forum State. Systematic and Continuous Contacts. Limited and Sporadic Contacts Not Sufficient. Specific Personal Jurisdiction. Complained of action took place within Forum State. Purposeful Availment. Of Benefits and Protections of Forum State s Laws. Unilateral Action by Plaintiff Not Sufficient. Foreseeability. Of a Potential Lawsuit in the Forum State. Fair Play and Substantial Justice / Unreasonableness. Due Process Fairness. Examples of Specific Minimum Contacts Situations. Internet Websites. Passive Site Posting Information. Conducting Transactions with In-Staters.

8 SUBJECT MATTER JURISDICTION Subject Matter Jurisdiction. Party Invoking has Burden of Affirmative Showing. Federal Question Jurisdiction -- Section Arises Under Constitution, Laws or Treaties of the United States of America. Constitutional Claims and Claims Based on Federal Statutes. State Claims Requiring Federal Interpretation, and Claims Anticipating Defense Based on Federal Statute, Not Applicable. Diversity Jurisdiction. Citizens of Different States. At Commencement of Action. Domicile. True, Fixed, and Permanent Home. Resident Alien. Complete Diversity. No Plaintiff a Citizen of Same State as any Defendant. Pleadings not Dispositive. Court Looks Beyond Pleadings. Nominal Parties Ignored. Corporations. Citizen of State of Incorporation and State of Principal Place of Business. Principal Place of Business.

9 Nerve-Center Test. Corporate Muscle Test. Amount in Controversy. Must Exceed $75,000. Excluding Interest or Court Costs. Legal Certainty Test. But Plaintiff May Eventually Recover Less Than the Jurisdictional Amount. Aggregation of Claims. Single Plaintiff. Multiple Plaintiffs. One Plaintiff Must Meet Jurisdictional Amount on Their Own. Unless Plaintiff s Have Single Undivided Title or Right.

10 RULE AMENDED PLEADINGS. AMENDED PLEADINGS One Liberal Amendment as of Right / Without Leave of Court. Any Point Before Service of Answer. Amendment by Leave of Court. Freely Given When Justice so Requires. Unless Actual Prejudice to Other Party. Through Consent of Other Party. Relation Back Doctrine. Claims or Defenses Must Arise out of Same Conduct, Transaction or Occurrence as in the Original Pleading.

11 SUPPLEMENTAL JURISDICTION Supplemental Jurisdiction. Court Would Not Normally have Jurisdiction over Some of the Claims. Claim Arises out of Same Transaction or Occurrence as a Claim which the Court has Proper Jurisdiction Over. Court Discretion. May Not Allow, Especially if Major Claims Dismissed. Removal to Federal Courts. Defendant May Remove to Federal Court if Amount in Controversy is Met.

12 DISCOVERY SCOPE OF DISCOVERY. Scope of Discovery -- Rule 26. Broad Scope. Any Matter Not Privileged Which is Relevant to Subject Matter of Litigation. Relevant Evidence is Likely to Lead to Admissible Evidence / Witnesses. Privilege -- Only Non-Privileged Material is Discoverable. Mandatory Disclosure. Mandatory Pre-Discovery Disclosure. All Witnesses with Discoverable Information. Documents which are to be Used in the Case. The Attorney Work Product Rule for Production of Documents. Materials Prepared in Anticipation of Litigation by Party or Party s Attorney. Statements by Witness are Normally not Protected. Notes of Attorney are Normally Protected. Mental Impressions of Attorney are Absolutely Protected. Party Asserting Must Make Claim Expressly. Qualified Immunity. Documents Prepared in Anticipation of Litigation by Party or Representative. Hardship Other Side May Receive Materials if: Substantial Need to Prepare for Case. Inability to Obtain Information without Substantial Hardship.

13 Absolute Immunity. Attorney or Represenatives Mental Impression, Conclusions, Opinions, and Legal Theories. Discovery Concerning Experts. Absolute Immunity even with a Showing of Substantial Need. Experts to Be Called at Trial. Automatically Give List of All Experts to be Called at Trial. Must Have Expert Prepare Report Stating: Expert Opinion and Basis, Data, Exhibits, Qualifications, Compensation, Previous Cases. Methods of Discovery. Includes Depositions, Interrogatories, Requests to Produce, Requests for Admission and Requests for Examination. Physical and Mental Examination -- Rule 35. Operates only by Court Order Under Good Cause. Physical or Mental Condition of Said Party Must be in Controversy. Orders and Sanctions for Discovery Abuses. Abuse of Discovery. Party Uses Discovery to Harass. Court May Order Discovery Stopped Under Protective Order. Compelling Discovery. Party Fails to Provide Information to Other Party. Court Provides Order Compelling Discovery. Sanctions. Payment of Fees, Case Dismissal, Default Judgment, Etc.

14 Pre-Trial Conference -- Rule 16. Simplify and Formulate Issues for Trial. Facilitates a Settlement. Scheduling Order. Within 120 Days of Filing, Document which Sets Time Limits. Pretrial Order. If No Pretrial Conference.

15 Multi-Party And Multi-Claim Litigation Counterclaims -- Rule 13. Brought by Defendant against Plaintiff. Permissive Counterclaims. Claims Not Related to Transaction or Occurrence of Plaintiff s Claim. Compulsory Counterclaims. Claims Arise out of Same Transaction or Occurrence as Plaintiff s Claim. Must be Asserted, or Defendant will Lost Right to Assert. Third-Party Counterclaims. May be Made by Any Party Against any Opposing Party. Third-Party Defendant. May Counterclaim Against Defendant or Plaintiff. By Plaintiff. If Defendant Counterclaimed Against Plaintiff. Joinder of Claims -- Rule 18. Party Making Claims may Add Claims, but Joinder is Not Required. All Joined Claims Must Have Subject Matter Jurisdiction.

16 Joinder of Parties -- Rule 20. Permissive Joinder. Joinder of Plaintiffs. If Based on Same Transaction or Occurrence. And Question of Law or Facts Relates to All Plaintiffs. Joinder of Defendants by Plaintiff. If Based on Same Transaction or Occurrence. And Question of Law or Facts Relates to All Plaintiffs. Compulsory Joinder -- Rule 19. Certain Parties Must be Joined or Unfair or Uneconomical to Litigate. Necessary Parties. Necessary but Not Vital, Should be Joined. Indispensable Parties. Must be Joined or Action Dismissed. Class Actions -- Rule 23. Jurisdiction -- Only Representatives must Satisfy Jurisdiction. Judgments are Binding on Absentees. Certification and Denial of Class Status. Certification Signifies that Court says Class Action Requirements Have Been Met. Size. Generally 25 or More, Must be an Impractical Size for Joinder. Common Questions of Law of Fact Common to Class. Claims Must be Typical of Those in Class. Fair Representation by Representatives of Class Interests.

17 Requirement of Notice. Absent Class Members Must Normally be Given Notice of Suit. Individual Notice to All Readily Identifiable Class Members. Publication Notice for Those Class Members Who Cannot be Ascertained. Contents of Notice Must Include Opting Out Option and Judgment s Effects. Binding Effect. Of Judgment for All Member of the Class. Opting Out of a B3 Action -- A Person May Opt Out of a Class, but May Not Assert Collateral Estoppel if the Class Wins. Settlements. Settlements Approved Only if Interests of Absent Class are Adequately Protected. Intervention -- Rule 24. Of Right Intervention. Interest in the Lawsuit which Relates to Subject of Action. Likelihood of Impairment if Not Allowed to Protect Their Interests. Adequate Representation Not Already Present. Permissive Intervention. Claim or Defense Involving Question of Law or Fact in Common with Pending Action. Discretion of Court to Allow or Deny.

18 Interpleader. Meant to Prevent Double or Multiple Liability. Federal Statutory. Nationwide Service for Claimants to Stakeholder. Amount in Controversy is Over $500. Rule Interpleader -- Rule 22. No Effect on Jurisdictional Issues. Amount in Controversy is More Than $75,000. Impleader -- Third-Party Practice -- Rule 14. Defendant Impleads Another Defendant as a Third-Party Defendant. Claim Must be Derivative. Jurisdictional Requirements Less Stringent. Cross-Claims. Claim Made by Party on Same Side of Existing Claim. Must Arise out of Same Transaction or Occurrence as Original Action. Actual Relief Must be Requested.

19 APPLICABLE LAW / THE ERIE DOCTRINE Applicable Law -- The Erie Doctrine. Forum Shopping. The Erie Doctrine is Meant to Reduce Forum Shopping. Helps Prevent Litigant from Seeking a Court Most Favorable to Their Side. Erie. In Diversity Cases Federal Court Must Apply State Common Law if Applicable. Procedure Versus Substance. State Common Law Rules for Substantive Law Situations. Federal Rules for Procedural Situations. No Rule Yet a Procedural Matter. Balancing Test. Federal and State Interests Balanced as Against Each Other. Outcome Determination is Used as Part of Balancing Test. Also Consider Tradition, and Rights of Party Bound with State Law.

20 PRECLUSIVE EFFECT OF FORMER ADJUCICATIONS Claim Preclusion / Res judicata. Also Called Merger and Bar. Prevents Entire Claim from Re-Litigation. Plaintiff is Prevailing Party. Merger. Cannot Sue Again as Claim is Merged into Final Judgment. Plaintiff is Losing Party. Bar. Plaintiff is Barred from Suing for Same Claim. Prior Adjudication Must be on Merits. Claim Dismissed Without Prejudice. Not Decided on Merits, So May Bring Another Claim on Same Facts. Claim Dismissed With Prejudice. Failure to State a Claim Upon Which Relief May be Granted. Decided on Merits, So May Not Bring Another Claim on Same Facts.

21 Issue Preclusion / Collateral estoppel. Prevents Re-Litigation of Issues of Fact or Law. Same Findings of Fact or Law will Prevail in Subsequent Litigations. Reasonable Foreseeability. Requirements for Issue Preclusion. Exact Same Facts and / or Law as the First Issue. Must Have Been Fully and Fairly Litigated in First Issue. Issue Must Have Actually Been Decided in First Issue. Issue Must Have Been Necessary to Outcome / Judgment of First Issue.

22 SUMMARY JUDGMENT Summary Judgment -- Rule 56. No Genuine Issue of Material Fact. Both Parties Agree as to the Material Facts in the Claim. There is No Controversy as to the Material Facts. Moving Party (Movant) Entitled to Judgment as a Matter of Law. Behind Pleadings / No Mere Allegations. Parties Must Produce: Affidavits. Other Fruits of Discovery Other than Mere Pleadings. Construction is Most Favorable to the Non-Moving Party. Summary Judgments are Considered in the Light Most Favorable to Non-Movant. Partial Summary Judgment. May Be Granted for Smaller Specific Claims Within a Larger Lawsuit.

23 CIVIL TRIALS Judgment as a Matter of Law / Directed Verdict -- Rule 50. Opposing Party has Been Heard on Relevant Issues. Reasonable Jury Could Not Differ as to Result. Judgment Notwithstanding the Verdict JNOV / Judgment as a Matter of Law JML. Judge Sets Aside Jury Verdict and Enters Judgment for Other Party. Adjudication Without Trial -- Rule 41. Note: Prejudice Indicates that a Plaintiff May Not Re-Litigate the Claim, and Without Prejudice Indicates that a Plaintiff May Re-Litigate a Claim. Voluntary Dismissal by Plaintiff. Without Prejudice Before Answer or Summary Judgment Motion. Involuntary Dismissal. Dismissal by Court. With Prejudice. Plaintiff s Failure to Prosecute Claim. Plaintiff s Failure to Obey Court Orders. Without Prejudice. Lack of Jurisdiction. Failure to Join Indispensable Party. Improper Venue. Lack of Sufficient Service.

24 Jury Trials -- 7 th Amendment Rule 38. Right to Jury Trial Under 7 th Amendment for Federal Suits. Does Not Apply to States. Jury Trials. Voir dire. Jury Selection Process Through Questioning. Dismissal for Cause. Any Number for Bias or Connection. After Trial. Possible New Trial if Biased. Challenges Without Cause. Preemptory Challenge, Three Allowed. Instructions. Judge Instructs Jury. Must Object Before Jury Retires, Unless Plain Error. Jury Misconduct. Verdict Set Aside for Misconduct. Jury Impeachment Rule. Majority. Must Have Evidence from a Third Party. Federal Rule. Juror May Testify to Some Information. General Verdict with Interrogatories -- Rule 49. General Verdict Support with Interrogatories and Findings of Fact.

25 New Trial -- Rule 61. A new trial, or partial trial for limited issues, may occur for errors which are not harmless error and are serious enough to affect substantial rights, for verdicts against the weight of the evidence, for excessive or inadequate verdicts, or where there is newly discovered evidence. Harmless Error. New Trial for Errors are Serious Enough to Affect Substantial Rights. No New Trial for Errors are Serious Enough to Affect Substantial Rights.

Mastering Civil Procedure Checklist

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,

More information

ESSAY APPROACH. Bar Exam Doctor BAREXAMDOCTOR.COM. CIVIL PROCEDURE FEDERAL CIVIL PROCEDURE CALIFORNIA CIVIL PROCEDURE

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

More information

In Personam: Jurisdiction over LI.personally and/or his property

In Personam: Jurisdiction over LI.personally and/or his property MIG 1 JURISDICTION Civil Proced ure PERSONAL JURISDICTION in-rem. rypes ~ In personam. Quasi-in-Rem does not bind LI.personally. In Personam: Jurisdiction over LI.personally and/or his property In Rem:

More information

CIVIL PROCEDURE ESSAY #5. Morgan additionally asserted the following as damages: Blueprints: $20,000 Land Purchase: $20,000 Grading of Land: $20,000

CIVIL PROCEDURE ESSAY #5. Morgan additionally asserted the following as damages: Blueprints: $20,000 Land Purchase: $20,000 Grading of Land: $20,000 CIVIL PROCEDURE ESSAY #5. Morgan filed a claim in Federal Court in State A where he had his only residence, stating, inter alia, that Builders, Inc. had breached a contract to build his house. More specifically,

More information

2. In considering whether specific jurisdiction exists, the courts consider: a. Whether the defendant gained benefits and privileges by the contract;

2. In considering whether specific jurisdiction exists, the courts consider: a. Whether the defendant gained benefits and privileges by the contract; Civil Procedure I. Personal Jurisdiction a. General principals i. A defendant is subject to the personal jurisdiction of his home state, wherever he may be served. The defendant s home state is 1. For

More information

Civil Procedure: Final Examination (May 1973)

Civil Procedure: Final Examination (May 1973) College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Exams: 1944-1973 Faculty and Deans 1973 Civil Procedure: Final Examination (May 1973) William & Mary Law School

More information

MBE WORKSHOP: CIVIL PROCEDURE PROFESSOR LISA MCELROY DREXEL UNIVERSITY SCHOOL OF LAW

MBE WORKSHOP: CIVIL PROCEDURE PROFESSOR LISA MCELROY DREXEL UNIVERSITY SCHOOL OF LAW MBE WORKSHOP: CIVIL PROCEDURE PROFESSOR LISA MCELROY DREXEL UNIVERSITY SCHOOL OF LAW CHAPTER 1: CIVIL PROCEDURE Editor's Note 1: The below outline is taken from the National Conference of Bar Examiners'

More information

Civil Litigation Forms Library

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,

More information

Responding to a Complaint: Maryland

Responding to a Complaint: Maryland Resource ID: w-011-5932 Responding to a Complaint: Maryland CHRISTOPHER C. JEFFRIES AND STEVEN A. BOOK, KRAMON & GRAHAM, WITH PRACTICAL LAW LITIGATION Search the Resource ID numbers in blue on Westlaw

More information

SUPREME COURT OF ARIZONA

SUPREME COURT OF ARIZONA SUPREME COURT OF ARIZONA In the Matter of ) Arizona Supreme Court ) No. R-12-0006 PETITION TO ADOPT JUSTICE ) COURT RULES OF CIVIL PROCEDURE ) ) ) ) FILED 08/30/2012 ORDER Justice Court Rules of Civil

More information

FULL OUTLINE. Bar Exam Doctor BAREXAMDOCTOR.COM. CIVIL PROCEDURE FEDERAL CIVIL PROCEDURE CALIFORNIA CIVIL PROCEDURE

FULL OUTLINE. Bar Exam Doctor BAREXAMDOCTOR.COM.  CIVIL PROCEDURE FEDERAL CIVIL PROCEDURE CALIFORNIA CIVIL PROCEDURE FULL OUTLINE www.barexamdoctor.com CIVIL PROCEDURE FEDERAL CIVIL PROCEDURE CALIFORNIA CIVIL PROCEDURE I. PERSONAL JURISDICTION a. Do federal courts need personal jdx over the parties? Yes. b. How is it

More information

SEMINOLE TRIBE OF FLORIDA

SEMINOLE TRIBE OF FLORIDA SEMINOLE TRIBE OF FLORIDA Tribal Court Small Claims Rules of Procedure Table of Contents RULE 7.010. TITLE AND SCOPE... 3 RULE 7.020. APPLICABILITY OF RULES OF CIVIL PROCEDURE... 3 RULE 7.040. CLERICAL

More information

Nebraska Civil Practice & Procedure Manual

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,

More information

Fundamentals of Civil Litigation in Federal Court

Fundamentals of Civil Litigation in Federal Court 1 Fundamentals of Civil Litigation in Federal Court Faculty: Thomas Schuck, Esq. Commencing an Action - Know the facts the Law, interview the client - no matter whether plaintiff or defendant - Interview

More information

1. Minor criminal cases and civil disputes are decided in the appellate courts.

1. Minor criminal cases and civil disputes are decided in the appellate courts. Chapter 02 The Resolution of Private Disputes True / False Questions 1. Minor criminal cases and civil disputes are decided in the appellate courts. True False 2. The plaintiff can sue the defendant in

More information

MBE Civil Procedure Sample Test Questions

MBE Civil Procedure Sample Test Questions MBE Civil Procedure Sample Test Questions The National Conference of Bar Examiners provides these Civil Procedure sample questions as an educational tool for candidates seeking admission to the bar within

More information

MONTANA UNIFORM DISTRICT COURT RULES

MONTANA UNIFORM DISTRICT COURT RULES MONTANA UNIFORM DISTRICT COURT RULES Rule 1 Form of Papers Presented for Filing. (a) Papers Defined. The word papers as used in this Rule includes all documents and copies except exhibits and records on

More information

CASE NUMBER: DIV 71. It appearing that this case is at issue and can be set for trial, it is ORDERED as follows:

CASE NUMBER: DIV 71. It appearing that this case is at issue and can be set for trial, it is ORDERED as follows: Plaintiff(s), vs. Defendant(s). / IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: DIV 71 UNIFORM ORDER REGARDING SETTING CASE FOR JURY TRIAL, PRE-TRIAL

More information

Civil Procedure. The Origin of a Lawsuit. The Resolution of Private Disputes Chapter 2 Part 2 Civil Procedure

Civil Procedure. The Origin of a Lawsuit. The Resolution of Private Disputes Chapter 2 Part 2 Civil Procedure The Resolution of Private Disputes Chapter 2 Part 2 Civil Procedure Civil procedure is the set of legal rules governing the conduct of a trial court case between two private parties. Civil Procedure Adversarial

More information

Personal Jurisdiction

Personal Jurisdiction Personal Jurisdiction In personam- suit against a person based on presence in jurisdiction In rem suit based on the presence of property in the jurisdiction (quiet title etc.) In quasi-in-rem judgment

More information

TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS [RULES 523 to 591. Repealed effective August 31, 2013]

TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS [RULES 523 to 591. Repealed effective August 31, 2013] TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS [RULES 523 to 591. Repealed effective August 31, 2013] RULE 500. GENERAL RULES RULE 500.1. CONSTRUCTION OF RULES Unless otherwise

More information

FLORIDA SMALL CLAIMS RULES

FLORIDA SMALL CLAIMS RULES FLORIDA SMALL CLAIMS RULES 2008 Edition Rules reflect all changes through 33 FLW S253. Subsequent amendments, if any, can be found at www.floridasupremecourt.org/decisions/rules.shtml. CONTINUING LEGAL

More information

Civil Procedure Basics. N.C. Rules of Civil Procedure 7/6/2010

Civil Procedure Basics. N.C. Rules of Civil Procedure 7/6/2010 Civil Procedure Basics Ann M. Anderson N.C. Association of District Court Judges 2010 Summer Conference June 23, 2010 N.C. Rules of Civil Procedure 1A-1, Rules 1 to 83 Pretrial Injunctive Relief 65 Service

More information

Rule 26. General Provisions Governing Discovery; Duty of Disclosure [ Proposed Amendment ]

Rule 26. General Provisions Governing Discovery; Duty of Disclosure [ Proposed Amendment ] Rule 26. General Provisions Governing Discovery; Duty of Disclosure [ Proposed Amendment ] (a) Required Disclosures; Methods to Discover Additional Matter. (1) Initial Disclosures. Except to the extent

More information

FLORIDA SMALL CLAIMS RULES TABLE OF CONTENTS

FLORIDA SMALL CLAIMS RULES TABLE OF CONTENTS FLORIDA SMALL CLAIMS RULES TABLE OF CONTENTS FLORIDA SMALL CLAIMS RULES TABLE OF CONTENTS... 1 CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES... 3 RULE 7.010. TITLE AND SCOPE... 4 RULE 7.020. APPLICABILITY

More information

Uniform Class Proceedings Act

Uniform Class Proceedings Act 8-1 Uniform Law Conference of Canada Uniform Class Proceedings Act 8-2 Table of Contents PART I: DEFINITIONS 1 Definitions PART II: CERTIFICATION 2 Plaintiff s class proceeding 3 Defendant s class proceeding

More information

Federal Rules of Civil Procedure

Federal Rules of Civil Procedure 1 of 7 10/10/2005 11:14 AM Federal Rules of Civil Procedure collection home tell me more donate search V. DEPOSITIONS AND DISCOVERY > Rule 26. Prev Next Notes Rule 26. General Provisions Governing Discovery;

More information

Streamlined Arbitration Rules and Procedures

Streamlined Arbitration Rules and Procedures RESOLUTIONS, LLC s GUIDE TO DISPUTE RESOLUTION Streamlined Arbitration Rules and Procedures 1. Scope of Rules The RESOLUTIONS, LLC Streamlined Arbitration Rules and Procedures ("Rules") govern binding

More information

STREAMLINED JAMS STREAMLINED ARBITRATION RULES & PROCEDURES

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

More information

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 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

More information

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PASCO COUNTY CIVIL DIVISION. Case No. 51-

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PASCO COUNTY CIVIL DIVISION. Case No. 51- IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PASCO COUNTY CIVIL DIVISION Case No. 51-, vs. Plaintiff, Defendants. ORDER SETTING JURY TRIAL AND PRE-TRIAL CONFERENCE

More information

TO REMOVE OR NOT TO REMOVE FEDERAL COURT, VENUE, AND OTHER JURISDICTIONAL CONSIDERATIONS

TO REMOVE OR NOT TO REMOVE FEDERAL COURT, VENUE, AND OTHER JURISDICTIONAL CONSIDERATIONS TO REMOVE OR NOT TO REMOVE FEDERAL COURT, VENUE, AND OTHER JURISDICTIONAL CONSIDERATIONS Shane A. Lawson, Esq. slawson@gallaghersharp.com I. WHO CAN REMOVE? A. Only Defendants of the Plaintiff s Claims

More information

COMPREHENSIVE JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES

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

More information

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 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

More information

NC General Statutes - Chapter 1A Article 4 1

NC General Statutes - Chapter 1A Article 4 1 Article 4. Parties. Rule 17. Parties plaintiff and defendant; capacity. (a) Real party in interest. Every claim shall be prosecuted in the name of the real party in interest; but an executor, administrator,

More information

6 California Procedure (5th), Proceedings Without Trial

6 California Procedure (5th), Proceedings Without Trial 6 California Procedure (5th), Proceedings Without Trial I. MOTIONS A. In General. 1. [ 1] Application for Order. 2. [ 2] Types of Motions. 3. [ 3] Main Action of Proceeding. 4. [ 4] Party to Proceeding.

More information

DSCC Uniform Administrative Procedures Policy

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

More information

JAMS International Arbitration Rules & Procedures

JAMS International Arbitration Rules & Procedures JAMS International Arbitration Rules & Procedures Effective September 1, 2016 JAMS INTERNATIONAL ARBITRATION RULES JAMS International and JAMS provide arbitration and mediation services from Resolution

More information

may institute, without paying a filing fee, a proceeding under this chapter to secure relief.

may institute, without paying a filing fee, a proceeding under this chapter to secure relief. Page 1 West's General Laws of Rhode Island Annotated Currentness Title 10. Courts and Civil Procedure--Procedure in Particular Actions Chapter 9.1. Post Conviction Remedy 10-9.1-1. Remedy--To whom available--conditions

More information

Criminal Law Table of Contents

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

More information

H. R. IN THE HOUSE OF REPRESENTATIVES OCTOBER 4, 2017

H. R. IN THE HOUSE OF REPRESENTATIVES OCTOBER 4, 2017 115TH CONGRESS 1ST SESSION H. R. To amend title 17, United States Code, to establish an alternative dispute resolution program for copyright small claims, and for other purposes. IN THE HOUSE OF REPRESENTATIVES

More information

Dry Creek Rancheria Band of Pomo Indians

Dry Creek Rancheria Band of Pomo Indians Dry Creek Rancheria Band of Pomo Indians Judicial Code TITLE 2. RULES OF CIVIL PROCEDURE Effective January 10, 2009 Recodified June 21, 2013 TABLE OF CONTENTS CHAPTER 1. INTRODUCTION TO THE RULES RULE

More information

Texas Rules of Civil Procedure Part V. When it is concerning matters of law, go first to the specific then to the general

Texas Rules of Civil Procedure Part V. When it is concerning matters of law, go first to the specific then to the general Texas Rules of Civil Procedure Part V When it is concerning matters of law, go first to the specific then to the general On Eviction Cases, Go First To 510 Series of Rules Then to the 500 thru 507 Series

More information

Civil Answers, Replies and Defenses

Civil Answers, Replies and Defenses Civil Answers, Replies and Defenses The forms in this packet are to be used as a template, please retype the forms and do not fill in the blanks. Please read the instructions carefully before completing

More information

Unit 3 Dispute Resolution ARE 306. I. Litigation in an Adversary System

Unit 3 Dispute Resolution ARE 306. I. Litigation in an Adversary System Unit 3 Dispute Resolution ARE 306 I. Litigation in an Adversary System In an adversarial system, two parties present conflicting positions to a judge and, often, a jury. The plaintiff (called the petitioner

More information

CLASS PROCEEDINGS ACT

CLASS PROCEEDINGS ACT Province of Alberta Statutes of Alberta, Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park Plaza 10611-98 Avenue Edmonton,

More information

DISCOVERY- LOCAL RULES JUSTICE COURTS OF TARRANT COUNTY, TEXAS

DISCOVERY- LOCAL RULES JUSTICE COURTS OF TARRANT COUNTY, TEXAS DISCOVERY- LOCAL RULES JUSTICE COURTS OF TARRANT COUNTY, TEXAS EFFECTIVE: JULY 1, 2015 TARRANT COUNTY JUSTICE COURTS - LOCAL RULES FOR DISCOVERY OBJECTIVES In accordance with law, the Justice Courts conduct

More information

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 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

More information

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA PATENT CASE SCHEDULE. Answer or Other Response to Complaint 5 weeks

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA PATENT CASE SCHEDULE. Answer or Other Response to Complaint 5 weeks UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA PATENT CASE SCHEDULE Event Service of Complaint Scheduled Time Total Time After Complaint Answer or Other Response to Complaint 5 weeks Initial

More information

California Bar Examination

California Bar Examination California Bar Examination Essay Question: Civil Procedure And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Copyco, Inc. (Copyco), a

More information

Unless otherwise expressly provided, in Part V of these Rules of Civil Procedure:

Unless otherwise expressly provided, in Part V of these Rules of Civil Procedure: 'TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS [RULES 523 to 591. Repealed effective August 31, 2013) RULE 500.1. CONSTRUCTION OF RULES RULE 500. GENERAL RULES Unless otherwise

More information

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT LAW DIVISION JUDGE RAYMOND W. MITCHELL STANDING ORDER.

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT LAW DIVISION JUDGE RAYMOND W. MITCHELL STANDING ORDER. IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT LAW DIVISION JUDGE RAYMOND W. MITCHELL STANDING ORDER March 29, 2012 This Standing Order supercedes all prior Standing Orders regarding pending

More information

ADR CODE OF PROCEDURE

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

More information

When It Is Concerning Matters Of Law. Go First To The Specific. Then To The General

When It Is Concerning Matters Of Law. Go First To The Specific. Then To The General To all who might be interested: New Rules for the J.P. Courts have been adopted by the Supreme Court of Texas, effective August 31, 2013. When It Is Concerning Matters Of Law Go First To The Specific Then

More information

Dodge County. 1) Rules of Decorum. (Sixth Judicial District)

Dodge County. 1) Rules of Decorum. (Sixth Judicial District) Dodge County (Sixth Judicial District) 1. Rules of Decorum 2. Civil Practice 3. Rules of Criminal Procedure 4. Rules of Family Court Procedure 5. Filing of Papers by Electronic Filing and Facsimile Transmission

More information

Common law reasoning and institutions Civil and Criminal Procedure (England and Wales) Litigation U.S.

Common law reasoning and institutions Civil and Criminal Procedure (England and Wales) Litigation U.S. Litigation U.S. Just Legal Services - Scuola di Formazione Legale Via Laghetto, 3 20122 Milano Comparing England and Wales and the U.S. Just Legal Services - Scuola di Formazione Legale Via Laghetto, 3

More information

ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE SIAC RULES (5 TH EDITION, 1 APRIL 2013)

ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE SIAC RULES (5 TH EDITION, 1 APRIL 2013) ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE SIAC RULES (5 TH EDITION, 1 APRIL 2013) 1. Scope of Application and Interpretation 1.1 Where parties have agreed to refer their disputes

More information

RULES OF TENNESSEE PUBLIC UTILITY COMMISSION CHAPTER PRACTICE AND PROCEDURE - CONTESTED CASES TABLE OF CONTENTS

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

More information

R in a Nutshell by Mark Meltzer and John W. Rogers

R in a Nutshell by Mark Meltzer and John W. Rogers R-17-0010 in a Nutshell by Mark Meltzer and John W. Rogers R-17-0010 was a rule petition filed by the Supreme Court s Committee on Civil Justice Reform in January 2017. The Supreme Court s Order in R-17-0010,

More information

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA GENERAL CIVIL DIVISION

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA GENERAL CIVIL DIVISION IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA GENERAL CIVIL DIVISION Plaintiff(s), CASE NO.: v. DIVISION:. Defendant(s). / UNIFORM ORDER SETTING CAUSE FOR TRIAL AND

More information

Filing an Answer to the Complaint or Moving to Dismiss under Rule 12

Filing an Answer to the Complaint or Moving to Dismiss under Rule 12 ADVISORY LITIGATION PRIVATE EQUITY CONVERGENT Filing an Answer to the Complaint or Moving to Dismiss under Rule 12 Michael Stegawski michael@cla-law.com 800.750.9861 x101 This memorandum is provided for

More information

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 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.

More information

RESOLUTION DIGEST

RESOLUTION DIGEST RESOLUTION 04-02-04 DIGEST Requests for Admissions: Service of Supplemental Requests Amends Code of Civil Procedure section 2033 to allow parties to propound a supplemental request for admission. RESOLUTIONS

More information

Prairie Island Mdewakanton Dakota Community Judicial Code Title 2: Rules of Civil Procedure. Table of Contents

Prairie Island Mdewakanton Dakota Community Judicial Code Title 2: Rules of Civil Procedure. Table of Contents Prairie Island Mdewakanton Dakota Community Judicial Code Title 2: Rules of Civil Procedure Table of Contents RULE 1. SCOPE OF RULES... 1 RULE 2. COMMENCEMENT OF ACTION AND PRELIMINARY MATTERS... 1 RULE

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS. MDL No SCHEDULING ORDER NO. 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS. MDL No SCHEDULING ORDER NO. 2 Case 2:14-md-02591-JWL-JPO Document 1098 Filed 10/21/15 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS IN RE SYNGENTA AG MIR162 CORN LITIGATION THIS DOCUMENT RELATES TO: Case

More information

Printable Lesson Materials

Printable Lesson Materials Printable Lesson Materials Print these materials as a study guide These printable materials allow you to study away from your computer, which many students find beneficial. These materials consist of two

More information

NC General Statutes - Chapter 1 Article 45C 1

NC General Statutes - Chapter 1 Article 45C 1 Article 45C. Revised Uniform Arbitration Act. 1-569.1. Definitions. The following definitions apply in this Article: (1) "Arbitration organization" means an association, agency, board, commission, or other

More information

Effective September 1, 2018 TABLE OF RULES II. TRANSFER TO ARBITRATION AND ASSIGNMENT OF ARBITRATOR

Effective September 1, 2018 TABLE OF RULES II. TRANSFER TO ARBITRATION AND ASSIGNMENT OF ARBITRATOR JEFFERSON COUNTY SUPERIOR COURT LOCAL CIVIL ARBITRATION RULES Effective September 1, 2018 TABLE OF RULES I. SCOPE AND PURPOSE OF RULES 1.1 Application of Rules 1.2 Matters Subject to Arbitration 1.3 Relationship

More information

SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE

SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE Proposed Recommendation No. 241 Proposed Rescission of Rule 4014, Promulgation of New Rules 4014.1, 4014.2 and 4014.3 Governing Request for

More information

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE IN RE: AMENDMENTS TO TENNESSEE RULES OF APPELLATE PROCEDURE Filed: December 29, 2005 O R D E R The Court adopts the attached amendments effective July 1,

More information

Cuyahoga County Common Pleas Court Local Rules 29.0 ARBITRATION

Cuyahoga County Common Pleas Court Local Rules 29.0 ARBITRATION 29.0 ARBITRATION PART I: CASES FOR SUBMISSION (A) A case shall be placed upon the Arbitration List if so ordered by a Judge after a Case Management Conference, pretrial or settlement conference and the

More information

April 30, The Sections of Antitrust Law and International Law (the Sections ) of the American

April 30, The Sections of Antitrust Law and International Law (the Sections ) of the American COMMENTS OF THE ABA SECTIONS OF ANTITRUST LAW AND INTERNATIONAL LAW TO THE EUROPEAN COMMISSION STAFF S WORKING DOCUMENT: TOWARDS A COHERENT EUROPEAN APPROACH TO COLLECTIVE REDRESS April 30, 2011 The views

More information

Ecclesiastical Court of the Missionary Diocese of CANA East Rules of Procedure

Ecclesiastical Court of the Missionary Diocese of CANA East Rules of Procedure Ecclesiastical Court of the Missionary Diocese of CANA East Rules of Procedure Preface The rules of the ecclesiastical court are for the purpose of the smooth functioning of the court. The function of

More information

STANDARDS OF REVIEW W. WENDELL HALL * O. REY RODRIGUEZ GRACE LEE HILL

STANDARDS OF REVIEW W. WENDELL HALL * O. REY RODRIGUEZ GRACE LEE HILL STANDARDS OF REVIEW W. WENDELL HALL * O. REY RODRIGUEZ GRACE LEE HILL * Fulbright & Jaworski LLP Norton Rose Fulbright 2200 Ross Avenue, Suite 2800 Dallas, Texas 75201 State Bar of Texas CIVIL APPELLATE

More information

Third, it should provide for the orderly admission of evidence.

Third, it should provide for the orderly admission of evidence. REPORT The Federal Rules of Civil Procedure, most state rules, and many judges authorize or require the parties to prepare final pretrial submissions that will set the parameters for how the trial will

More information

Conducting Effective Motion Practice

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

More information

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 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

More information

GRIEVANCE AND ARBITRATION PROCEDURES FOR ANY DISPUTES RELATING TO EMPLOYEES AND JOB APPLICANTS OF BILL S ELECTRIC COMPANY

GRIEVANCE AND ARBITRATION PROCEDURES FOR ANY DISPUTES RELATING TO EMPLOYEES AND JOB APPLICANTS OF BILL S ELECTRIC COMPANY ADR FORM NO. 2 GRIEVANCE AND ARBITRATION PROCEDURES FOR ANY DISPUTES RELATING TO EMPLOYEES AND JOB APPLICANTS OF BILL S ELECTRIC COMPANY 1. General Policy: THIS GRIEVANCE AND ARBITRATION PROCEDURE does

More information

UNIFORM ORDER SETTING CASE FOR JURY TRIAL; PRE-TRIAL CONFERENCE AND REQUIRING PRETRIAL MATTERS TO BE COMPLETED

UNIFORM ORDER SETTING CASE FOR JURY TRIAL; PRE-TRIAL CONFERENCE AND REQUIRING PRETRIAL MATTERS TO BE COMPLETED IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. CIVIL DIVISION 37 Plaintiff(s), vs. Defendant(s). / UNIFORM ORDER SETTING CASE FOR JURY TRIAL; PRE-TRIAL CONFERENCE

More information

REMOVAL TO FEDERAL COURT. Seminar Presentation Rob Foos

REMOVAL TO FEDERAL COURT. Seminar Presentation Rob Foos REMOVAL TO FEDERAL COURT Seminar Presentation Rob Foos Attorney Strategy o The removal of cases from state to federal courts cannot be found in the Constitution of the United States; it is purely statutory

More information

IN THE COURT OF APPEALS OF MARYLAND R U L E S O R D E R. This Court s Standing Committee on Rules of Practice and

IN THE COURT OF APPEALS OF MARYLAND R U L E S O R D E R. This Court s Standing Committee on Rules of Practice and IN THE COURT OF APPEALS OF MARYLAND R U L E S O R D E R This Court s Standing Committee on Rules of Practice and Procedure having submitted its One Hundred Fifty-Second Report to the Court, recommending

More information

NC General Statutes - Chapter 28A Article 2 1

NC General Statutes - Chapter 28A Article 2 1 Article 2. Jurisdiction for Probate of Wills and Administration of Estates of Decedents. 28A-2-1. Clerk of superior court. The clerk of superior court of each county, ex officio judge of probate, shall

More information

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE IN RE: AMENDMENTS TO TENNESSEE RULES OF CIVIL PROCEDURE Filed: December 29, 2005 ORDER The Court adopts the attached amendments effective July 1, 2006, subject

More information

ARBITRATION RULES. Arbitration Rules Archive. 1. Agreement of Parties

ARBITRATION RULES. Arbitration Rules Archive. 1. Agreement of Parties ARBITRATION RULES 1. Agreement of Parties The parties shall be deemed to have made these rules a part of their arbitration agreement whenever they have provided for arbitration by ADR Services, Inc. (hereinafter

More information

CHAPTER ACTIONS

CHAPTER ACTIONS ACTIONS AT LAW 231 CHAPTER 1000. ACTIONS Subchapter Rule A. CIVIL ACTION... 1001 B. ACTION IN TRESPASS... 1041 C. ACTION IN EJECTMENT... 1051 D. ACTION TO QUIET TITLE... 1061 E. ACTION IN REPLEVIN... 1071

More information

How to Draft Pleadings in a Civil Case

How to Draft Pleadings in a Civil Case STEPPING UP & STEPPING OUT Keys to Effective Motions Practice and How to Draft Pleadings in a Civil Case Rex P. Fennessey Mark B. Leadlove How to Draft Pleadings in a Civil Case 1 What Are Pleadings? Missouri

More information

The Legal Process: The Adversary System and Dispute Resolution

The Legal Process: The Adversary System and Dispute Resolution The Legal Process: The Adversary System and Dispute Resolution The adversary system of trial, sometimes called the sporting approach to the truth, recalls our commitment to democracy as the least corruptible

More information

UNIFORM ORDER SETTING CASE FOR JURY TRIAL AND PRE-TRIAL CONFERENCE AND REQUIRING PRE-TRIAL MATTERS TO BE COMPLETED

UNIFORM ORDER SETTING CASE FOR JURY TRIAL AND PRE-TRIAL CONFERENCE AND REQUIRING PRE-TRIAL MATTERS TO BE COMPLETED IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA., CASE NO. -CA- CIVIL DIVISION 20 Plaintiff, vs., Defendant. / UNIFORM ORDER SETTING CASE FOR JURY TRIAL AND PRE-TRIAL

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS Misc. Docket No. 16-9122 FINAL APPROVAL OF AMENDMENTS TO THE TEXAS RULES OF CIVIL PROCEDURE AND THE TEXAS RULES OF APPELLATE PROCEDURE AND OF A FORM STATEMENT OF INABILITY

More information

TITLE VI MISSISSIPPI BAND OF CHOCTAW INDIANS RULES OF CIVIL PROCEDURE

TITLE VI MISSISSIPPI BAND OF CHOCTAW INDIANS RULES OF CIVIL PROCEDURE TITLE VI MISSISSIPPI BAND OF CHOCTAW INDIANS RULES OF CIVIL PROCEDURE 1 CHAPTER 1 - RULES OF CIVIL PROCEDURE...6 Rule 1 Scope Of Rules...9 Rule 2 One Form Of Action...9 ARTICLE II - COMMENCEMENT OF ACTION:

More information

CASE NUMBER: UNIFORM ORDER SETTING CASE FOR JURY TRIAL; PRE-TRIAL CONFERENCE AND REQUIRING PRETRIAL MATTERS TO BE COMPLETED

CASE NUMBER: UNIFORM ORDER SETTING CASE FOR JURY TRIAL; PRE-TRIAL CONFERENCE AND REQUIRING PRETRIAL MATTERS TO BE COMPLETED IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: UNIFORM ORDER SETTING CASE FOR JURY TRIAL; PRE-TRIAL CONFERENCE AND REQUIRING PRETRIAL MATTERS TO BE COMPLETED

More information

RULES OF THE UNIVERSITY OF TENNESSEE (ALL CAMPUSES)

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

More information

Judicial Practice Preferences Circuit Civil/Section 11

Judicial Practice Preferences Circuit Civil/Section 11 Honorable Judge Amy M. Williams 545 First Avenue North, Room 417 St. Petersburg, FL 33701 Judicial Practice Preferences Circuit Civil/Section 11 2018 JURY TRIAL WEEKS December 3 2019 JURY TRIAL WEEKS JANUARY

More information

The New Texas Rule 47 Pleading Rules: What Are They and Why Should I Care?

The New Texas Rule 47 Pleading Rules: What Are They and Why Should I Care? MDJW presents: The New Texas Rule 47 Pleading Rules: What Are They and Why Should I Care? Ryan K. Geddie Martin, Disiere, Jefferson & Wisdom, LLP 16000 N. Dallas Parkway, Suite 800 Dallas, Texas 75248

More information

RULES OF CIVIL PROCEDURE FOR THE COURTS OF THE REPUBLIC OF PALAU. Promulgated by the Palau Supreme Court February 18, 2008

RULES OF CIVIL PROCEDURE FOR THE COURTS OF THE REPUBLIC OF PALAU. Promulgated by the Palau Supreme Court February 18, 2008 RULES OF CIVIL PROCEDURE FOR THE COURTS OF THE REPUBLIC OF PALAU Promulgated by the Palau Supreme Court February 18, 2008 RULES OF CIVIL PROCEDURE TABLE OF CONTENTS I. GENERAL PROVISIONS... 1 RULE 1 SCOPE

More information

COMPLEX BUSINESS LITIGATION DIVISION PROCEDURES FOR THE THIRTEENTH JUDICIAL CIRCUIT COURT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

COMPLEX BUSINESS LITIGATION DIVISION PROCEDURES FOR THE THIRTEENTH JUDICIAL CIRCUIT COURT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA COMPLEX BUSINESS LITIGATION DIVISION PROCEDURES FOR THE THIRTEENTH JUDICIAL CIRCUIT COURT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA SECTION 1 PHILOSOPHY, SCOPE AND GOALS 1.1 - Citation to Procedure 1.2

More information

CALENDAR Q. JUDGE PATRICK J. SHERLOCK 2007 RICHARD J. DALEY CENTER CHICAGO, ILLINOIS fax

CALENDAR Q. JUDGE PATRICK J. SHERLOCK 2007 RICHARD J. DALEY CENTER CHICAGO, ILLINOIS fax CALENDAR Q JUDGE PATRICK J. SHERLOCK 2007 RICHARD J. DALEY CENTER CHICAGO, ILLINOIS 60602 312-603-5902 312-603-3022 fax Case Coordinator: Melissa Robbins Melissa.Robbins@cookcountyil.gov STANDING ORDER

More information

Utah Court Rules on Trial Motions Francis J. Carney

Utah Court Rules on Trial Motions Francis J. Carney Revised July 10, 2015 NOTE 18 December 2015: The trial and post-trial motions have been amended, effective 1 May 2016. See my blog post for 18 December 2015. This paper will be revised to reflect those

More information

The American Court System BASIC JUDICIAL REQUIREMENTS. Jurisdiction

The American Court System BASIC JUDICIAL REQUIREMENTS. Jurisdiction The American Court System BASIC JUDICIAL REQUIREMENTS Before a lawsuit can be brought before a court, certain requirements must first be met. These include: Jurisdicti on Venue Standing to Sue Jurisdiction

More information

Chapter 02 THE COURT SYSTEM AND DISPUTE RESOLUTION

Chapter 02 THE COURT SYSTEM AND DISPUTE RESOLUTION Chapter 02 THE COURT SYSTEM AND DISPUTE RESOLUTION TRUEFALSE 1. The authority of a court to decide certain types of cases is called jurisdiction. 2. All courts have general jurisdiction. 3. A court that

More information