STANDARDS OF REVIEW W. WENDELL HALL * O. REY RODRIGUEZ GRACE LEE HILL
|
|
- Scott Hampton
- 5 years ago
- Views:
Transcription
1 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 State Bar of Texas CIVIL APPELLATE PRACTICE 101 September 11, 2013 Austin CHAPTER 2
2
3 Standards of Review Chapter 2 TABLE OF CONTENTS I. INTRODUCTION... 1 II. ABUSE OF DISCRETION STANDARD OF REVIEW... 1 A. Abuse of Discretion Generally... 1 B. Abuse of Discretion in Texas... 1 C. Texas Mandamus Proceedings Clear Abuse of Discretion Adequate Remedy at Law... 2 III. REVERSIBLE ERROR... 2 A. Preservation of Complaints or Waiver and the Issue of Harm... 2 B. Invited Error... 3 C. Reversible Error and Harmless Error... 3 D. Fundamental Error... 3 E. Cumulative Error... 3 IV. PRETRIAL RULINGS... 3 A. Standing... 3 B. Subject Matter Jurisdiction... 4 C. Special Appearance... 4 D. Plea in Abatement... 4 E. Venue... 4 F. Joinder... 5 G. Forum Non Conveniens... 5 H. Default Judgment Proper Default Judgment Defective Default Judgment... 6 I. Special Exceptions... 6 J. TROs, Temporary and Permanent Injunctions... 6 K. Severance and Consolidation of Causes... 7 L. Intervention and Joinder... 7 M. Joinder of Plaintiffs... 7 N. Interpleader... 7 O. Discovery Rulings Withdrawing Deemed Admissions Amending Admissions Supplementation of Discovery Responses Mandamus Review of Discovery Rulings Appellate Review of Discovery Rulings... 8 P. Discovery Sanctions... 8 Q. Inherent Power to Sanction Trial Court Power Appellate Court Power... 9 R. Frivolous Pleadings... 9 S. Chapter 74 Expert Reports... 9 T. Vexatious Litigation U. Summary Judgment: Rule 166a(c) V. No Evidence Summary Judgment: Rule 166a(i) W. Motion for Continuance X. Dismissal for Want of Prosecution Y. Jury Demand Z. Judicial Notice AA. Class Action Certification BB. Motion to Disqualify CC. Judicial Disqualification and Recusal i
4 Standards of Review Chapter 2 DD. Management of Docket EE. Gag Orders FF. Sealing Court Records GG. In Forma Pauperis Proceedings V. TRIAL RULINGS A. Conduct of Trial in General B. Invoking the Rule C. Motion in Limine D. Jury Shuffle E. Voir Dire and Challenges for Cause F. Alignment of Parties and Allocation of Peremptory Strikes G. Batson/Edmonson Challenges H. Opening Statements I. Trial, Postverdict, and Postjudgment Trial Amendments J. Evidence K. Expert Testimony Qualified Demonstrative Evidence L. Bifurcation Generally of Trial on Punitive Damages M. Motion for Directed or Instructed Verdict Jury Trials Nonjury trials N. Charge of the Court Questions Instructions and Definitions O. Jury Arguments P. Jury Misconduct Q. Conflicting Jury Findings R. Motion for Mistrial VI. POST-TRIAL RULINGS A. Motion to Disregard Jury Findings B. Motion for Judgment Notwithstanding the Verdict (JNOV) C. Receipt of Additional Evidence D. Newly Discovered Evidence E. Motion for New Trial, Generally F. Rule 324 Motion for New Trial G. Motion for Judgment Nunc Pro Tunc H. Remittitur I. Actual Damages Unliquidated Damages Zero Damages J. Punitive Damages K. Attorney s Fees Fees Based on Contract or Statutes Generally Fees Under the Commission on Human Rights Act L. Guardian Ad Litem Attorney s Fees M. Court Costs N. Exercise of Plenary Power O. Supersedeas Bond P. Turnover Orders VII. CHALLENGES TO THE SUFFICIENCY OF THE EVIDENCE IN JURY TRIALS A. Legal Insufficiency B. Factual Insufficiency Insufficient Evidence ii
5 Standards of Review Chapter 2 2. Great Weight and Preponderance C. The Constitutional Conflict Between the Right to Trial by Jury, the Courts of Appeals Conclusive Jurisdiction over Issues of Fact, and the Supreme Court s Decision in City of Keller v. Wilson VIII. CHALLENGES TO THE SUFFICIENCY OF THE EVIDENCE IN NONJURY TRIALS A. Findings of Fact Filed B. Findings of Fact Not Requested and Not Filed With Reporter s Record Without Reporter s Record C. Findings of Fact Properly Requested, but Not Filed With Reporter s Record Without Reporter s Record D. Mixed Questions of Law and Fact IX. CONCLUSIONS OF LAW X. OTHER EVIDENTIARY REVIEW STANDARDS A. Clear and Convincing Evidence B. Administrative Agency Rulings Trial De Novo Review Substantial Evidence Under the APA Arbitrary and Capricious Standard XI. PRESUMPTIONS FROM AN INCOMPLETE RECORD ON APPEAL XII. ARBITRATION AWARDS A. Texas General Arbitration Act B. Federal Arbitration Act XIII. CONCLUSION iii
6
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 informationPROFESSOR ELAINE GRAFTON CARLSON South Texas College of Law 1303 San Jacinto, Suite 755 Houston, Texas (713)
TEXAS PROCEDURE UPDATE: An Analysis of Recent Cases, Amended and Proposed Rules of Procedure & Legislative Enactments Affecting Texas Litigation Practice PROFESSOR ELAINE GRAFTON CARLSON South Texas College
More information8 California Procedure (5th), Attack on Judgment in Trial Court
8 California Procedure (5th), Attack on Judgment in Trial Court I. INTRODUCTION A. Direct Attack. 1. [ 1] Nature and Significance of Concept. 2. Methods of Direct Attack. (a) [ 2] In Trial Court. (b) [
More informationLitigation 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
More informationPRETRIAL AND TRIAL PRESERVATION OF ERROR INTERESTING FAMILY LAW ISSUES. BRAD M. LAMORGESE
PRETRIAL AND TRIAL PRESERVATION OF ERROR INTERESTING FAMILY LAW ISSUES BRAD M. LAMORGESE brad@momnd.com EILEEN COSTELLO Mccurley, Orsinger, Mccurley, Nelson & Downing 5950 Sherry Lane, Suite 800 Dallas,
More information6 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 information716 West Ave Austin, TX USA
GLOBAL Headquarters the gregor building 716 West Ave Austin, TX 78701-2727 USA TABLE OF CONTENTS I. INTRODUCTION About This Course... 2 Video... 2 The Law-Fact Distinction... 3 The Trial Setting... 3 Trial
More information[Related Statewide Rule NMRA]
[Related Statewide Rule 1-016 NMRA] LR3-203. Civil case control. A. Case management scope. This case management system is to guide and control the progress of cases from filing of the complaint to the
More informationCOPYRIGHT 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.
More informationIN AND FOR LOCAL RULES JUDGES:
THE SUPERIOR COURT OF WASHINGTON IN AND FOR BENTON AND FRANKLIN COUNTIES LOCAL RULES JUDGES: HONORABLE CRAIG J. MATHESON HONORABLE VIC L. VANDERSCHOOR HONORABLE ROBERT G. SWISHER HONORABLE CARRIE L. RUNGE
More informationII. Civil Judiciary: Names and Addresses of Judges, Secretaries, and the Manner in Which Judges Are Assigned to Civil Cases...
Table of Contents Bucks County Civil Practice... Bucks 1 Carol A. Shelly, Esquire I. Civil Court Administration, Organization and Court Calendar... Bucks 13 A. Court Personnel... Bucks 13 B. Court Calendar...
More informationTable of Contents. I. Introduction...1. II. Who May Appeal: Standing...3. III. What May Be Appealed...9
Table of Contents I. Introduction...1 II. Who May Appeal: Standing...3 III. What May Be Appealed...9 A. Final Orders or Judgments...10 B. Collateral Orders...16 C. Interlocutory Orders...18 1. Appeals
More informationCislo & Thomas LLP Litigation Cost Control (LCC ) Stages of Litigation and Expected Fees and Costs
Cislo & Thomas LLP Litigation Cost Control (LCC ) Stages of Litigation and Expected Fees and Costs The following is a list of procedural Tasks and Deadlines for actions in the Central District of California
More informationPROCEDURES FOR THE DISPOSITION OF MOTIONS. (a)(i) As used in this rule, "motion" means any application to the court made in any
LOCAL RULE 208.3(a) PROCEDURES FOR THE DISPOSITION OF MOTIONS 1. SCOPE (a)(i) As used in this rule, "motion" means any application to the court made in any civil action or proceeding except as provided
More information6 California Criminal Law (4th), Criminal Appeal
6 California Criminal Law (4th), Criminal Appeal I. IN GENERAL A. [ 1] Appellate Jurisdiction. B. [ 2] Appellate Rules. C. Extension of Time. 1. [ 3] In General. 2. [ 4] Factors Considered. D. Right of
More informationRULES OF THE DISTRICT OF COLUMBIA COURT OF APPEALS (Revised effective January 1, 2011)
RULES OF THE DISTRICT OF COLUMBIA COURT OF APPEALS (Revised effective January 1, 2011) TITLE I. INTRODUCTION Rule 1. Title and Scope of Rules; Definitions. 2. Seal. TITLE II. APPEALS FROM JUDGMENTS AND
More informationRULES FOR LOUISIANA DISTRICT COURTS. TITLES I, II, and III Twenty-Seventh Judicial District Court Parish of St. Landry
RULES FOR LOUISIANA DISTRICT COURTS TITLES I, II, and III Twenty-Seventh Judicial District Court Parish of St. Landry Chapter: 2 Chapter Title: Dates of Court 2.0 Rule No: 2.0 None. Local Holidays in Addition
More informationNEW JERSEY APPELLATE PRACTICE HANDBOOK
NEW JERSEY APPELLATE PRACTICE HANDBOOK TENTH EDITION NEW JERSEY APPELLATE PRACTICE STUDY COMMITTEE OF THE NEW JERSEY STATE BAR ASSOCIATION NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION ONE CONSTITUTION
More informationRULES OF CIVIL APPELLATE PROCEDURE. Tribal Council Resolution
RULES OF CIVIL APPELLATE PROCEDURE Tribal Council Resolution 16--2008 Section I. Title and Codification This Ordinance shall be known as the Saint Regis Mohawk Tribal Rules of Civil Appellate Procedure.
More information2 California Procedure (5th), Courts
2 California Procedure (5th), Courts I. INTRODUCTION A. Judges. 1. [ 1] Qualification. 2. Selection. (a) Reviewing Courts. (1) [ 2] In General. (2) [ 3] Confirmation Election. (b) [ 4] Superior Court.
More informationTEXAS CIVIL PROCEDURE UPDATE
TEXAS CIVIL PROCEDURE UPDATE Professor Elaine Grafton Carlson South Texas College of Law 1303 San Jacinto, Suite 755 Houston, Texas 77002 (713) 646 1870 ecarlson@stcl.edu Courtney Taylor Carlson Jackson
More informationMastering 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 informationLR Case management pilot program for criminal cases. A. Scope; application. This is a special pilot rule governing time limits for criminal
LR2-308. Case management pilot program for criminal cases. A. Scope; application. This is a special pilot rule governing time limits for criminal proceedings in the Second Judicial District Court. This
More informationLearning Objectives. Litigation. The Legal & Regulatory Environment of Business 16e
McGraw-Hill/Irwin Copyright 2013 by The McGraw-Hill Companies, Inc. All Right Reserved The Legal & Regulatory Environment of Business 16e Chapter 4 Litigation Reed Pagnattaro Cahoy Shedd Moorhead 4-2 Learning
More informationInsight from Carlton Fields
Insight from Carlton Fields Quick Trial Checklist 1. Motions To Be Made or Renewed Just Prior to Trial a. Motions to amend or supplement pleadings or pretrial statement or order b. Motions for continuance
More informationLEGAL TERMS AND DEFINITIONS NEW JUDGE SCHOOL
LEGAL TERMS AND DEFINITIONS NEW JUDGE SCHOOL 2016-17 ABSTRACT OF JUDGMENT A post-judgment remedy that someone winning a civil lawsuit can obtain from the court. The effect of the abstract is to place a
More informationHEALTH CARE LIABILITY UPDATE, 2014
HEALTH CARE LIABILITY UPDATE, 2014 PAULA SWEENEY Slack & Davis 2911 Turtle Creek Boulevard Suite 1400 Dallas Texas 75219 (214) 528-8686 psweeney@slackdavis.com State Bar of Texas ADVANCED MEDICAL TORTS
More informationTEXAS PRETRIAL PRACTICE
TEXAS PRETRIAL PRACTICE Volume 1 Hon. Scott Brister (Ret.) Dan S. Boyd, Esq. James Publishing Contact us at (800) 440-4780 or www.jamespublishing.com (Rev. 10, 4/13) Copyright 2013 James Publishing, Inc.
More informationTEXAS CRIMINAL DEFENSE FORMS ANNOTATED
TEXAS CRIMINAL DEFENSE FORMS ANNOTATED 1.1 SURETY S AFFIDAVIT TO SURRENDER PRINCIPAL Order By Daniel L. Young PART ONE STATE PROCEEDINGS CHAPTER 1. BAIL 1.2 SURETY S AFFIDAVIT TO SURRENDER PRINCIPAL CURRENTLY
More informationPRODOC TEXAS LITIGATION
PRODOC TEXAS LITIGATION Our automated system encompasses all areas of litigation. We ve automated more than 1,150 procedural forms. It contains the State Bar of Texas Collections Manual 3rd Ed. 1, selections
More informationEL PASO CRIMINAL DISTRICT AND COUNTY COURT SCHEDULE OF FEES FOR THE COMPENSATION OF COURT APPOINTED COUNSEL SEPTEMBER 2015
EL PASO CRIMINAL DISTRICT AND COUNTY COURT SCHEDULE OF FEES FOR THE COMPENSATION OF COURT APPOINTED COUNSEL SEPTEMBER 2015 The El Paso District and County Court Judges presiding over criminal cases, in
More informationCuyahoga 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 information19 th Judicial Circuit Court Judge Janet Croom Guidelines and Procedures. Circuit Civil Jury Division (Updated: September, 2017)
19 th Judicial Circuit Court Judge Janet Croom Guidelines and Procedures Circuit Civil Jury Division (Updated: September, 2017) PLEASE REVIEW ALL PROCEDURES PRIOR TO CONTACTING THE JUDGE S OFFICE Page
More informationCAUSE NO. C E RICARDO DIAZ MIRANDA IN THE DISTRICT COURT OF. vs. HIDALGO COUNTY, TEXAS SECOND AMENDED ORIGINAL ANSWER OF PLAINSCAPITAL BANK
CAUSE NO. C-6048-13-E RICARDO DIAZ MIRANDA IN THE DISTRICT COURT OF vs. HIDALGO COUNTY, TEXAS PLAINSCAPITAL BANK 275 TH JUDICIAL DISTRICT SECOND AMENDED ORIGINAL ANSWER OF PLAINSCAPITAL BANK TO THE HONORABLE
More informationP R E T R I A L O R D E R
DISTRICT COURT, CITY AND COUNTY OF DENVER COLORADO Address: City and County Building 1437 Bannock Street Denver, CO 80202 COURT USE ONLY Plaintiff(s):, v. Defendant(s):. Case Number: Courtroom: 215 P R
More informationTHE COURTS. Title 234 RULES OF CRIMINAL PROCEDURE
5594 Title 234 RULES OF CRIMINAL PROCEDURE PART I. GENERAL [234 PA. CODE CHS. 1100 AND 1400] Order Promulgating Pa.R.Crim.P. 1124A and Approving the Revisions of the Comments to Pa. R.Crim.P. 1124 and
More informationCivil 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 informationCLAIM FOR SERVICES OR EXPENSES
IN THE DISTRICT COURT OF EL PASO COUNTY, TEXAS JUDICIAL DISTRICT 1st Degree Felony 2nd Degree Felony 3rd Degree Felony State Jail Felony This case is set for: at A. Arraignment B. Bond / Bail C. Examining
More informationThe 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 informationINDIVIDUAL PRACTICES OF JUDGE DEBORAH A. BATTS
INDIVIDUAL PRACTICES OF JUDGE DEBORAH A. BATTS Nothing in my Individual Practices supersedes a specific time period for filing a motion specified by statute or Federal Rule including but not limited to
More informationFIFTH CIRCUIT PRACTICE
FIFTH CIRCUIT PRACTICE DANA LIVINGSTON ALEXANDER DUBOSE JEFFERSON & TOWNSEND LLP 515 Congress Avenue, Suite 2350 Austin, Texas 78701 512-482-9304 dlivingston@adjtlaw.com State Bar of Texas 28 TH ANNUAL
More informationVIRGIN 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
More informationFundamentals 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 informationTITLE 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 informationMAGISTRATE COURT PRACTICE. By Dan Fowler RULES OF CIVIL PROCEDURE FOR MAGISTRATE COURTS
MAGISTRATE COURT PRACTICE By Dan Fowler RULES OF CIVIL PROCEDURE FOR MAGISTRATE COURTS Pursuant to the authority granted it by WV Code 50-1-16, the Supreme Court of Appeals has adopted Rules of Civil Procedure
More informationNebraska 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 informationESSAY 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 informationTexas Rules of Civil Procedure
Texas Rules of Civil Procedure Table of Contents PART I - GENERAL RULES RULE 1. RULE 2. RULE 3. RULE 3a. RULE 4. RULE 5. RULE 6. RULE 7. RULE 8. RULE 9. RULE 10. RULE 11. RULE 12. RULE 13. RULE 14. RULE
More informationInsight from Carlton Fields Jorden Burt
Insight from Carlton Fields Jorden Burt 2014 Quick Trial Checklist 1. Motions To Be Made or Renewed Just Prior to Trial a. Motions to amend or supplement pleadings or pretrial statement or order b. Motions
More informationRule 900. Scope; Notice In Death Penalty Cases.
POST-CONVICTION COLLATERAL PROCEEDINGS 234 Rule 900 CHAPTER 9. POST-CONVICTION COLLATERAL PROCEEDINGS 900. Scope; Notice In Death Penalty Cases. 901. Initiation of Post-Conviction Collateral Proceedings.
More informationCase 4:04-cv RAS Document 41 Filed 12/09/2004 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION
Case 4:04-cv-00256-RAS Document 41 Filed 12/09/2004 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION E-DATA CORPORATION VS. Case No. 4:04cv256 CINEMARK
More informationIN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. Administrative Order Civ
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order 2018-62-Civ ADMINISTRATIVE ORDER INSTITUTING A UNIFORM TRIAL ORDER FOR CIRCUIT CIVIL CASES
More informationPRETRIAL ORDER (JURY TRIALS)
DISTRICT COURT CITY AND COUNTY OF DENVER, COLORADO 1437 BANNOCK ST. DENVER, CO 80202 DATE FILED: June 23, 2015 8:18 AM CASE NUMBER: 2015CV30918 Plaintiff(s): CITY AND COUNTY OF DENVER, v. Defendant(s):
More informationAcademy of Court- Appointed Masters. Section 2. Appointment Orders
Academy of Court- Appointed Masters Appointing Special Masters and Other Judicial Adjuncts A Handbook for Judges and Lawyers January 2013 Section 2. Appointment Orders The appointment order is the fundamental
More informationCivil 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 informationBRADFORD COUNTY LOCAL CIVIL RULES. 1. Upon the filing of a divorce or custody action pursuant to the Pennsylvania Rules of
BRADFORD COUNTY LOCAL CIVIL RULES Local Rule 51 These rules shall be known as the Bradford County Rules of Civil Procedure and may be cited as Brad.Co.R.C.P. Local Rule 205.2(b) 1. Upon the filing of a
More informationINDIVIDUAL RULES AND PROCEDURES JUDGE SHIRA A. SCHEINDLIN
INDIVIDUAL RULES AND PROCEDURES JUDGE SHIRA A. SCHEINDLIN Revised: January 3, 2011 Chambers Deputy/Law Clerk United States District Court Jim Reily Southern District of New York (212) 805-0120 500 Pearl
More informationCASE 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 informationLOCAL RULE 206.4(c) PROCEDURES FOR THE DISPOSITION OF PETITIONS. This local rule describes the procedures for an application to open a default
LOCAL RULE 206.4(c) PROCEDURES FOR THE DISPOSITION OF PETITIONS 1. SCOPE This local rule describes the procedures for an application to open a default judgment or a judgment of non pros governed by Pa.R.C.P.
More informationREGISTRY RESTRICTIONS DISPUTE RESOLUTION PROCEDURE (RRDRP) 1 REVISED - NOVEMBER 2010
REGISTRY RESTRICTIONS DISPUTE RESOLUTION PROCEDURE (RRDRP) 1 REVISED - NOVEMBER 2010 1. Parties to the Dispute The parties to the dispute will be the harmed organization or individual and the gtld registry
More informationOverview of Pretrial & Trial Procedure. Basic Concepts. What is Proof (Evidence) David Hamilton City Attorney Reno & Honey Grove Tx.
Overview of Pretrial & Trial Procedure David Hamilton City Attorney Reno & Honey Grove Tx Basic Concepts PresumptionofInnocence:BurdenonStateto erase presumption by proof Beyond a Reasonable Doubt. Absolute
More informationCourt 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
More informationCh. 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 informationU.S. District Court Northern District of Alabama (Western) CIVIL DOCKET FOR CASE #: 7:95-cv ELN
CLOSED,APPEAL U.S. District Court Northern District of Alabama (Western) CIVIL DOCKET FOR CASE #: 7:95-cv-03092-ELN Gray v. University of AL, et al Assigned to: Judge Edwin L Nelson Demand: $0 Case in
More informationADAMS COUNTY COURT OF COMMON PLEAS RULES OF CIVIL PROCEDURE BUSINESS OF COURTS
ADAMS COUNTY COURT OF COMMON PLEAS RULES OF CIVIL PROCEDURE Rule 51. Title and Citation of Rules. Scope. All civil procedural rules adopted by the Adams County Court of Common Pleas shall be known as the
More informationELY SHOSHONE RULES OFAPPELLATE PROCEDURE
[Rev. 10/10/2007 2:43:59 PM] ELY SHOSHONE RULES OFAPPELLATE PROCEDURE I. APPLICABILITY OF RULES RULE 1. SCOPE, CONSTRUCTION OF RULES (a) Scope of Rules. These rules govern procedure in appeals to the Appellate
More informationWHAT YOU NEED TO KNOW ABOUT ARBITRATION
WHAT YOU NEED TO KNOW ABOUT ARBITRATION Presented and Prepared by: Scott G. Salemi ssalemi@heylroyster.com Rockford, Illinois 815.963.4454 Prepared with the Assistance of: Bhavika D. Amin bamin@heylroyster.com
More informationCriminal 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 informationTEXAS 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 informationNC General Statutes - Chapter 15A Article 89 1
Article 89. Motion for Appropriate Relief and Other Post-Trial Relief. 15A-1411. Motion for appropriate relief. (a) Relief from errors committed in the trial division, or other post-trial relief, may be
More informationCOURT OF COMMON PLEAS CLERMONT COUNTY, OHIO
COURT OF COMMON PLEAS CLERMONT COUNTY, OHIO : : CASE # PLAINTIFF VS. : CIVIL PRE-TRIAL ORDER (JURY TRIAL) DEFENDANT IT IS ORDERED BY THE COURT AS FOLLOWS: 1. JURY TRIAL: The case is scheduled for a Primary
More informationUNIFORM 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 informationPRE-TRIAL PROCEDURES & PROTOCOL FOR JURY TRIALS & REFERRAL TO MEDIATION Revised March 2, 2018 (to correct web link only)
CIRCUIT CIVIL SARASOTA COUNTY PRE-TRIAL PROCEDURES & PROTOCOL FOR JURY TRIALS & REFERRAL TO MEDIATION Revised March 2, 2018 (to correct web link only) I LOCAL RULES, STANDARDS OF PROFESSIONALISM & GOOD
More informationPRACTICE PREFERENCES JUDGE GREGORY G. GROGER
PRACTICE PREFERENCES JUDGE GREGORY G. GROGER CIRCUIT CIVIL SECTION B FORECLOSURE SECTIONS J4, J8 Judicial Assistant: Gia Reda Bailiff: Deputy Kim Sanders Mailing Address: Robert D. Sumner Judicial Center
More informationPART IV Pretrial, Trial, and Posttrial
PART IV Pretrial, Trial, and Posttrial CHAPTER 14 Settlements, Dismissals, and Alternative Dispute Resolution KEY POINTS A stipulation discontinuing action is executed by the attorneys for the parties
More informationPrinciples 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
More informationCAYMAN ISLANDS. Supplement No. 1 published with Extraordinary Gazette No. 5 of 22nd January, COURT OF APPEAL LAW.
CAYMAN ISLANDS Supplement No. 1 published with Extraordinary Gazette No. 5 of 22nd January, 2014. COURT OF APPEAL LAW (2011 Revision) COURT OF APPEAL RULES (2014 Revision) Revised under the authority of
More informationAdministrative 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
More informationUNITED STATES DISTRICT COURT
0 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 0 LENNELL DUNBAR, Plaintiff, v. EMW INC., Defendant. Case No.: :-CV-00- JLT SCHEDULING ORDER (Fed. R. Civ. P. Pleading Amendment Deadline:
More informationSTANDING ORDER FOR CALENDAR Y * Room 2101
State of Illinois Circuit Court of Cook County Ronald F. Bartkowicz 2101 Richard J. Daley Center Judge Chicago, Illinois 60602 STANDING ORDER FOR CALENDAR Y * Room 2101 Phone Numbers: Case Coordinator:
More informationUNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CIVIL JURY TRIALS BEFORE DISTRICT JUDGE JON S.
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CIVIL JURY TRIALS BEFORE DISTRICT JUDGE JON S. TIGAR A. Meeting and Disclosure Prior to Pretrial Conference At least
More informationLIABILITY AND LITIGATION: MANDATE/JUDICIAL REVIEW
LIABILITY AND LITIGATION: MANDATE/JUDICIAL REVIEW presented by PHILIP D. KOHN e-mail: pkohn@rutan.com RUTAN & TUCKER, LLP www.rutan.com I. TYPES OF WRITS OF MANDATE A. Ordinary (or Traditional) Mandamus
More informationCase 9:01-cv MHS-KFG Document 72 Filed 08/16/16 Page 1 of 10 PageID #: 1935
Case 9:01-cv-00299-MHS-KFG Document 72 Filed 08/16/16 Page 1 of 10 PageID #: 1935 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION STATE OF TEXAS v. NO. 9:01-CV-299
More informationscc Doc 51 Filed 07/16/15 Entered 07/16/15 15:54:38 Main Document Pg 1 of 23
Pg 1 of 23 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) In re: ) Chapter 11 ) SABINE OIL & GAS CORPORATION, et al., 1 ) Case No. 15-11835 (SCC) ) Debtors. ) (Joint Administration Requested)
More informationCLAIMS ON APPEAL: A PRIMER ON THE APPELLATE PROCESS FOR CLAIMS PROFESSIONALS
CLAIMS ON APPEAL: A PRIMER ON THE APPELLATE PROCESS FOR CLAIMS PROFESSIONALS CLAIMS ON APPEAL: A PRIMER ON THE APPELLATE PROCESS FOR CLAIMS PROFESSIONALS Presented by Hinkhouse Williams Walsh LLP, Chicago,
More informationTexas 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 informationADR 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 informationSTATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF JACKSON BUSINESS COURT DIVISION. via telephone (check one) /
STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF JACKSON BUSINESS COURT DIVISION PLAINTIFF NAME v. DEFENDANT NAME Case No. Hon. Richard N. LaFlamme / PLAINTIFF S COUNSEL NAME, ADDRESS, PHONE AND
More informationGroup / Category Docket Description Affidavits and Oaths Affidavits and Oaths Affidavits and Oaths Affidavits and Oaths Affidavits and Oaths
CRIMINAL FILINGS Group / Category Docket Description Criminal Report Affidavit Affidavit to Attend School - Out of County Affidavit to Attend School Affidavit Option - Plea Submitted Affidavit of Violation
More informationCASE 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 informationINDIVIDUAL PRACTICES IN CIVIL CASES Nelson S. Román, United States District Judge. Courtroom Deputy Clerk
July 23, 2013 INDIVIDUAL PRACTICES IN CIVIL CASES Nelson S. Román, United States District Judge Chambers Courtroom Deputy Clerk United States Courthouse Ms. Gina Sicora 300 Quarropas Street (914) 390-4178
More informationPRACTICE PREFERENCES JUDGE GREGORY G. GROGER
PRACTICE PREFERENCES JUDGE GREGORY G. GROGER CIRCUIT CIVIL SECTION B FORECLOSURE SECTIONS J4, J8 Judicial Assistant: Gia Reda Bailiff: Doug Theodore Mailing Address: Robert D. Sumner Judicial Center 38053
More informationSupreme Court of the State of New York County of Nassau IAS Trial Part 22 Part Rules Updated: January 25, 2018
Supreme Court of the State of New York County of Nassau IAS Trial Part 22 Part Rules Updated: January 25, 2018 Justice: Law Secretary: Secretary: Part Clerk: Hon. Sharon M.J. Gianelli, J.S.C. Karen L.
More informationTHE SECRET WEAPON: USING THE APPELLATE LAWYER AT TRIAL TO PRIME YOUR CASE FOR APPEAL
THE SECRET WEAPON: USING THE APPELLATE LAWYER AT TRIAL TO PRIME YOUR CASE FOR APPEAL MICHELLE E. ROBBERSON COOPER & SCULLY, P.C. 900 JACKSON STREET, SUITE 100 DALLAS, TEXAS 75202 OFFICE: (214) 712-9511
More informationLOCAL RULES OF COURT
LOCAL RULES OF COURT COURT OF COMMON PLEAS LAWRENCE COUNTY PENNSYLVANIA NOVEMBER, 2003 PREFACE Pursuant to the rule making power of the trial courts as provided by the Pennsylvania State Rules of Court,
More informationACKNOWLEDGMENTS ABOUT THE AUTHOR. Chapter Objectives 1 I. INTRODUCTION 1 II. CIVIL LAW 2
PREFACE ACKNOWLEDGMENTS ABOUT THE AUTHOR xxix xxxiii xxxv 1 INTRODUCTION TO THE COURT SYSTEM 1 Chapter Objectives 1 I. INTRODUCTION 1 II. CIVIL LAW 2 A. What Is Civil Law? 2 B. How Does Civil Law Differ
More informationLEWIS A. KAPLAN United States District Judge United States Courthouse 500 Pearl Street New York, NY 10007
LEWIS A. KAPLAN United States District Judge United States Courthouse 500 Pearl Street New York, NY 10007 COMMUNICATIONS For questions concerning general calendar matters, call the Deputy Clerk, Mr. Andrew
More informationPrairie 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 informationREGISTRY RESTRICTIONS DISPUTE RESOLUTION PROCEDURE (RRDRP) 1 19 SEPTEMBER 2011
REGISTRY RESTRICTIONS DISPUTE RESOLUTION PROCEDURE (RRDRP) 1 19 SEPTEMBER 2011 1. Parties to the Dispute The parties to the dispute will be the harmed established institution and the gtld registry operator.
More informationRULES FOR EXPEDITED ARBITRATION. of the Finland Chamber of Commerce
RULES FOR EXPEDITED ARBITRATION of the Finland Chamber of Commerce RULES FOR EXPEDITED ARBITRATION of the Finland Chamber of Commerce The English text prevails over other language versions. TABLE OF CONTENTS
More information