Civil Procedure

Portfolio of Business Forms, Agreements and Contracts

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Instead of or in addition to any other sanction, the court must order the party, its attorney, or both to pay the reasonable expenses—including attorney's fees—incurred because of any noncompliance with this rule, unless the noncompliance was substantially justified or other circumstances make an award of expenses unjust. 1. The petition shall be substantially in the form set forth hereunder, and shall: (1) set forth the date of birth and social security number of the minor plaintiff or incapacitated person, the names and addresses of the minor's parents, the name of the plaintiff's guardian and the appointing court, the address of the plaintiff, and a factual recitation of the salient facts which form the bases of the cause of action; (2) state the terms of the settlement, including the specific provisions of any annuity, if applicable, including the credit rating of the entity which assumes responsibility for future payments, the present cost of the annuity, periodic and lump sum payments, and otherwise comply with Pa.

Race Distinctions in American Law

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Unless the court specifies a different period for the retention of such notes or recordings, they shall be retained for a period often (10) years. Where a defendant has been granted assistance with the court costs, the court is to decide on the costs ex officio. (5) A complaint subject to a time limit may be filed against the court order if the value of the claim in the main action is greater than the amount set out in section�511. S., s. 885.) � 1-531.� Refusal to surrender official papers misdemeanor.

Psychology and the Legal System

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The new matter [in subdivision (b)] makes clear the controlling character of Rule 66 regarding suits by or against a federal receiver in a federal court. A class member who claims that his "representative" does not adequately represent him, and is able to establish that proposition with sufficient probability, should not be put to the risk of having a judgment entered in the action which by its terms extends to him, and be obliged to test the validity of the judgment as applied to his interest by a later collateral attack.

California Civil Trialbook: Law School and Cle Edition

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Its purpose is to eliminate doubts as to whether the Rule is consistent with the principles of procedural due process enunciated by the Supreme Court in Sniadach v. This rule is a slightly modified version of superseded Ark. A subpoena may be served by a sheriff, bailiff, coroner, clerk of court, constable, or a deputy of any, by an attorney at law, or by any other person designated by order of court who is not a party and is not less than eighteen years of age.

Politicized Justice in Emerging Democracies: A Study of

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They must have the usual qualifications of jurors and in addition must be freeholders of the District, and not in the service of the United States or the District. The motion shall include the following for each person for whom fees are claimed: (1) a summary of relevant qualifications and experience; and (2) a detailed description of the services rendered, the amount of time spent, the hourly rate charged, and the total amount claimed. (a) Required Showing.

Trial Techniques (Coursebook Series)

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Should the claimant later re file the claim, the Court shall consider its former status, such as previous continuances and any other matter affecting its standing, and may re-docket or refuse to re-docket the claim, as, in its judgement, justice and equity may require under the circumstances. (b) Any department or State agency, having filed a claim for the Court's consideration, under either the advisory determination procedure, or the shortened procedure of the Court act, may withdraw the claim without prejudice to the right of the claimant involved to file the claim under the regular procedure. (a) For the purpose of convenience and in order that proper records may be preserved, claimants and State departments desiring to have subpoenas for witnesses shall file with the Clerk a memorandum in writing giving the style and number of the claim and setting forth the names of such witnesses, and thereupon such subpoenas shall be issued and delivered to the person calling therefor or mailed to the person designated. (b) Requests for subpoenas for witnesses should be furnished the Clerk well in advance of the hearing date so the such subpoenas may be issued in ample time before the hearing. (c) The payment of witness fees and mileage (where transportation is not furnished to any witness subpoenaed by or at the instance of either the claimant or the respondent State agency) shall be the responsibility of the party by whom or at whose instance such witness is subpoenaed. (a) Depositions may be taken when a party desires the testimony of any person, including a claimant.

Before the Law: Introduction to the Legal Process

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The expense so incurred in caring for and maintaining custody of attached property shall be taxed as part of the costs of the action. (1947, c. 693, s. 1.) Part 5. Language requiring the filing of a jury demand as provided in subdivision (d) is added to subdivision (b) to eliminate an apparent ambiguity between the two subdivisions. The automatic referral in Subdivision (a) may be withdrawn by the assigned district judge. (1) Motion. The omission of reference to a motion for summary judgment in the original rule was subject to criticism. 3 Moore's Federal Practice (1938) 3037–3038, n. 12.

Understanding Insurance Law (Legal Text Series)

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Instructions to which no objection is made shall be marked "given by agreement" and no later objection thereto may be made or allowed. If terminated, the deposition may be resumed only by order of the court where the action is pending. ������������������ (C) Award of Expenses. The court, upon request, may direct the arbitrator to conduct the hearing promptly and render a timely decision. (d)������ At a hearing under subsection (c) of this section, a party to the arbitration proceeding may be heard, present evidence material to the controversy, and cross-examine witnesses appearing at the hearing. (e)������� If an arbitrator ceases to or is unable to act during the arbitration proceeding, a replacement arbitrator shall be appointed in accordance with G.

Fundamentals of California Litigation for Paralegals, 3rd

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S., s. 706.) � 1-348.� Payment made to court; land sold on default. It is redundant to list specifically the holidays and then add to the list "any other day appointed as a holiday by the President of [or] the Congress" or by the State. 2. Gives emphasis on plaintiff s right to choose the forum unless clearly inappropriate. Subsurface oil, gas and mineral interests shall be assessed for ad valorem taxes as real property and such taxes shall be collected and foreclosed in the� manner authorized by Chapter 105 of the General Statutes of North Carolina.

Reforming Social Regulation: Alternative Public Policy

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Upon notice of dismissal or stipulation under this subsection, a party shall submit a form of judgment and the court shall enter a judgment of dismissal. However, if disclosure of any requested records is restricted or otherwise limited by state or federal law, then the protected records shall not be disclosed in response to the subpoena unless the requesting party has complied with the applicable law. Hawes is to give the district court power, in its discretion and without time limit, and long after the term may have expired, to vacate a judgment and reenter it for the purpose of reviving the right of appeal.