Civil Procedure

The Case of the Piglet's Paternity: Trials from the New

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Halpern, 260 F.2d 590 (3d Cir. 1958); United States ex rel. Repetition of evidence is thereby avoided. The fact that the proceedings have been consolidated should cause no delay in the disposition of the application for the preliminary injunction, for the evidence will be directed in the first instance to that relief, and the preliminary injunction, if justified by the proof, may be issued in the course of the consolidated proceedings. Additions to Reporter's Notes, 1984 Amendments: - Rule 41(b) is amended to make specific the time period after which the court must order cause to be shown why the case should not be dismissed for want of prosecution.

The Laws and Legal System of a Free-Market Cuba: A

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K(4) Pending any determination of whether coordination is appropriate, the judge assigned to make the determination may stay any action being considered for, or affecting any action being considered for, coordination. Dispute of fact subsequently proved or admitted 42.9. Upon petition filed with the Court pursuant to motions practice, the Court may assign counsel to represent indigents in civil actions where deprivation of substantial rights may occur. Absent express authorization, a fee award is impermissible in an interpleader action, even though the stakeholder is disinterested and brings about resolution of the conflicting claims by initiating the action.

A Guide to Negotiation and Mediation

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Said proposed order shall follow the provisions of Pa. There was fragmentary coverage of the same subject in the Admiralty Rules. The plaintiff has the burden in any post-arrest hearing under Rule E(4)(f) to show that exigent circumstances existed. (i) If the property that is the subject of the action is a vessel or tangible property on board a vessel, the warrant and any supplemental process must be delivered to the marshal for service. (ii) If the property that is the subject of the action is other property, tangible or intangible, the warrant and any supplemental process must be delivered to a person or organization authorized to enforce it, who may be: (A) a marshal; (B) someone under contract with the United States; (C) someone specially appointed by the court for that purpose; or, (D) in an action brought by the United States, any officer or employee of the United States. (c) Deposit in Court.

Introduction to criminal justice

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Because different words are presumed to have different meanings, such inconsistencies can result in confusion. See Texas Rules of Appellate Procedure 34.1. 414. In each instance, the determination whether such information is discoverable because it is relevant to the claims or defenses depends on the circumstances of the pending action. Other courts have read into the rule the requirement that interrogation should be directed only towards "important facts", and have tended to fix a more or less arbitrary limit as to the number of interrogatories which could be asked in any case.

California Civil Procedure in a Nutshell (In a Nutshell

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On motion by a party or a person having custody of the property, the court may order all or part of the property sold if: (A) the property is perishable or at risk of deterioration, decay, or injury by being detained in custody pending the action; (B) the expense of keeping the property is excessive or is disproportionate to its fair market value; (C) the property is subject to a mortgage or to taxes on which the owner is in default; or (D) the court finds other good cause. (ii) Who Makes the Sale.

Trial Preparation for Prosecutors, 3rd Edition

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C., Title 26, [former] §1569 (Bill in chancery to clear title to realty on which the United States has a lien for taxes); U. If the motion is supported by affidavits or declarations, counteraffidavits or counterdeclarations may be offered by the adverse party. No attempt is made to list the various means that may be reasonable in different circumstances. Accompanied by original letter of Sept. 21, 1977 104. The party or attorney of record shall certify to the court compliance with this rule in writing over signature and on the filed instrument.

The Consumer's Legal Guide to Today's Health Care - Your

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Human rights considerations are of increasing relevance to the law governing the conduct of civil proceedings and to legal conceptions of what amounts to a fair trial or a just decision. more responsibility on the judge. Prior law did not prescribe any specific time limit on claims for attorneys' fees. List the names, present addresses and telephone numbers (if known) of any persons who witnessed the incident (including related events before and after the incident) and any relationship between the witness and you. 4. (a) Do you have any written or oral statements from any witnesses, including the defendant?

A Treatise on the Criminal Law of the United States Volume 1

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Vincent and the Grenadines, Surinam, Trinidad and Tobago, Turks and Caicos Islands, Uruguay, and Venezuela (in volume I). Subdivision (c) of Rule 80 (Stenographic Report or Transcript as Evidence) has been retained unchanged. A sheriff holding a sale of personal property shall deliver the property to the purchaser immediately upon receipt of the purchase price. Amendments are also made to the point at which a costs budget must be filed. In civil actions any process may be served by the sheriff of the county where the defendant may be found, or by any other person who is over the age of eighteen (18) years and not a party to the action, except for writs of attachment, writs of replevin, and writs of habeas corpus, which shall be served by any person not a party to the action over the age of eighteen (18) years who may be especially designated by the court to perform such service, or by the sheriff of the county where the property or person may be found.

Jackson's Machinery of Justice

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M. was extremely nice and flexible to my schedule. The Committee is convinced that there are some types of cases in which use of a commission is preferable and others in which a jury may be appropriately used, and that it would be a mistake to provide that the same kind of tribunal should be used in all cases. In an appeal from a judgment in a proceeding in forcible entry and detainer, the procedure and time period for filing a notice of appeal shall be the same as herein provided for appeals in these rules, except that within five days from the entry of judgment the appellant shall file with the district court an appeal bond as provided in 16 N.

Civil Procedure Examples and Explanations - 2001

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K Coordination of pending class actions sharing common question of law or fact. This rule shall not preclude an action brought by or against an unincorporated association pursuant to statute. (a) Intervention of right. Statements in a pleading may be included by reference in a different part of the same pleading or in another pleading or in a motion. In some circumstances a master may be appointed under Rule 53(a)(1)(A) or (C) to take evidence and report without recommendations.