Civil Procedure

STUDY PARTNER ISSUE SPOTTING II CIVIL PROCEDURE , REAL

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Whenever a party makes a written demand for discovery which took place prior to the time the party became a party to the action, each party who has previously made discovery disclosures, responded to a request for admission or production or answered interrogatories shall make available to the demanding party the document(s) in which the discovery disclosures and responses in question are contained for inspection and copying or furnish to the demanding party a list identifying each such document by title and upon further demand shall furnish to the demanding party, at the expense of the demanding party, a copy of any listed discovery disclosure or response specified in the demand or, in the case of document disclosure or request for production, shall make available for inspection by the demanding party all documents and things previously produced.

Law for the Expert Witness, Third Edition

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See Advisory Committee's note in Report of the Judicial Conference: Proposed Amendments to Rules of Civil Procedure 43–44 (1966). Any person claiming to be a creditor or legatee, or the next of kin, or one of the next of kin, of a deceased, may apply for and obtain a summons from the Court requiring the executor or administrator (as the case may be) of the deceased to attend before the Court and show cause why an order for the administration of the property of the deceased should not be made. 33. (1) On proof of service of the summons or on appearance of the executor or administrator and on proof of all such other things (if any) as the Court may direct, the Court may, if it thinks fit, make an order for the administration of the property of the deceased. (2) The Court shall have discretionary power to make or refuse the order or to give any special directions respecting the carriage or execution of it and in the case of applications for the order by two or more different persons or classes of persons, to grant it to such one or more of the claimants or classes of claimants, as the Court thinks fit. (3) If the Court thinks fit the carriage of the order may subsequently be given to such person and on such terms, as the Court think fit. 34.

Airline Labor Law: The Railway Labor Act and Aviation After

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Regarding the effect of the Federal Rules, the Court declared that nothing in the rules, so far as they may be applicable in Tucker Act cases, authorized the maintenance of any suit against the United States to which it had not otherwise consented. A party may respond to another party's objections within 14 days after being served with a copy. The request must be renewed by objection. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the regular jurors.

The Bank Tax Desk Book

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Should the documents be served abroad, the presiding judge is to determine the time for entering an appearance in arranging the date of the hearing. (1) By way of preparing for the advance first hearing, the presiding judge or a member of the court hearing the case delegated by the presiding judge may set a deadline for the defendant by which he is to submit a written statement of defence. The government was concerned that some forfeitures raise factually complex standing issues that require many interrogatories, severely depleting the presumptive 25-interrogatory limit in Rule 33.

Legal Foundations (CLP Legal Practice Guides)

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See Texas Rules of Appellate Procedure 43.4. 449. Contrary to the approach of the federal rule and that of most states, the original Arkansas Rule 65 treated preliminary injunctions and temporary restraining orders as equivalent, allowing issuance of either without notice to the adverse party. As the note to Rule 26(b)(3) on trial preparation materials makes clear, good cause has been applied differently to varying classes of documents, though not without confusion. Section 210 of the Judicial Code, as amended, U.

California Real Estate Law: Texts and Cases

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Proc. (Deering, 1937) §385; see also 4 Nev. Motion days are thus permissive under this rule whereas they were mandatory under prior Arkansas law. 3. Code (Crawford, 1934) §364; California, Code Civ. Facsimile transmission, for example, is sent upon transmission. Prior Arkansas law was found in superseded Ark. Ann. 28-358 (Repl. 1962) which tracked the Federal Rule prior to its 1970 amendments. The court will consider the financial resources of the parties when determining whether to make a costs capping order and, if one is appropriate, what the terms of that order should be.

The Criminal Justice System and Mental Retardation:

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A judgment shall not contain a recital of pleadings, the report of a master, or the record of prior proceedings. (b) Judgment upon multiple claims or involving multiple parties. The state courts also have the constitutional power and duty to afford such relief to federal prisoners, but Congress has the power to withdraw such cases from the state courts by giving the federal courts exclusive jurisdiction over such claims. P. 206.6(c), shall be attached to the petition.

Justice and Politics in People's China: Legal Order or

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Thirty-five days after notice is sent ordinarily will extend the claim time by no more than a brief period; a claimant anxious to expedite proceedings can file the claim before the deadline; and the government has flexibility to set a still longer period when circumstances make that desirable. Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance, shall be filed forthwith, shall define the injury and state why it is irreparable, and shall state why the order was granted without notice.

Contemporary Business Law

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If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The Filing of pleadings, other papers and exhibits as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with him, in which event he shall note thereon the Filing date and time and forthwith transmit them to the office of the clerk.

Criminal Rules (Federal Practice and Procedure, 3C - Federal

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Practice Direction 51K – The County Court Legal Advisers Pilot Scheme, coming into force on 29 September 2016 The pilot scheme, which operates in the business centres and enables legal advisers to undertake specified tasks which would usually be undertaken by a deputy District Judge, is extended for a further period. Review under CRCP 106(a)(4) is the exclusive remedy for determining whether a governmental body exercising a quasi-judicial function has abused its discretion or exceeded its jurisdiction.