Questions tagged [civil-procedure]

For questions relating to the rules and procedures courts follow in civil cases.

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98 views

My landlord won't provide me appropriate documentation after charging me a lawyer fee [closed]

I recently ended my lease on 01/31. My landlord had charged us a lawyer fee for adding someone to the lease. He was giving us random amounts and when I asked for receipts, paperwork, and proof of ...
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1answer
56 views

How does someone file an order with the Provincial Court to have it enforced?

Once a person has won a case in the Civil Resolution Tribunal, how is the judgement filed for enforcement?. Assume that the person has a validated copy of the order. I know one needs to go to the ...
4
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2answers
1k views

Is an offer of a discount an acknowledgement of guilt of negligence and misconduct?

I have the following excerpt: I have looked at the bills related to the service calls and can offer discount. This party is being sued for negligence and misconduct in providing services. However, ...
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2answers
147 views

Can I avoid a tax foreclosure by evading service of the summons?

Help me understand how property tax works. If the property tax has to be served as a lawsuit- correct me if that is wrong- then I see problems. I buy a huge amount of property in an area. I live in ...
3
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1answer
87 views

What to expect when getting sued from abroad for libel?

I, a citizen and resident of the EU, wrote a biography of a British citizen who resides in England, and I published it on a popular online encyclopedia hosted in the United States. The subject of the ...
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0answers
32 views

Claiming *forum non conveniens* after extended “shadow litigation”

Can someone claim that a particular forum is inconvenient after challenging service through a proxy (the recipient), thus essentially "shadow litigating" intensively for an extended period ...
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1answer
69 views

Contempt of court?

Ex partner agreed to sign a quit claim deed as part of the parenting plan back in March 2019. To this point he is refusing and still won’t sign it and submit to recorders office. Is this something I ...
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1answer
82 views

Governing entity over or recourse against corrupt Division of Social Services in North Carolina?

In the hypothetical situation laid out below, what governing entity over DSS could one turn to? In general, what action can be taken against a government entity such as DSS to force adherence to court ...
15
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2answers
4k views

Can lawyers ask about, and discriminate based on, iPhone ownership during a case involving Apple?

In the lawsuit(s) between Epic and Apple, assuming it ends up in front of a (federal) jury, are the lawyers for each side allowed to ask potential jurors whether they have iPhones or Android phones; ...
2
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1answer
80 views

Can a minor serve as a company's registered agent?

Can a minor serve as a registered agent for a company in Massachusetts?
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1answer
84 views

How can these two people be proven innocent until proven guilty? [closed]

I lost some money and USB cable in my bag. On this particular day I asked for a usb cable from a female workmate who was still on her assignment and I was as well on an asignment in a different ...
2
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1answer
59 views

What happens if service is not clear?

Suppose that I have issued a civil claim against a defendant under the UK's Civil Procedure Rules [CPR] §8, which is a simplified procedure often used if no material disputes of fact are involved. The ...
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1answer
55 views

Temporarily Stopping a Lawsuit for Medical Reasons

If the entity prosecuting a lawsuit or the entity defending a lawsuit becomes unable to do the necessary work in that lawsuit due to medical reasons: What is the proper way to let the court know? ...
0
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1answer
57 views

Can I compel city authorities to disclose a fact in case of a lawsuit?

Here's the scenario. I was recently walking with my six-year-old on one of San Francisco's popular pedestrian streets. At some point, a teen-aged man rode by on a rented (or stolen) electric scooter ...
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1answer
43 views

Has anyone dealt with issues with non-compliance of CRC 8.124(c) in California appellate cases?

The appeal proceeds with 8.124 appendix. The opposing party / counsel (appellee) has been withholding trial exhibits (which were returned after the trial). A 8.124(c)(2) notice was filed in the ...
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1answer
24 views

Is a decree of civil court mandatorily required to be executed in common law juridictions?

In short, my question is that are execution proceedings mandatorily required to be concluded before a decree holder may enjoy the fruits of his decree against the judgment debtor OR are execution ...
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1answer
54 views

Legal obligation to be represented by a lawyer registered in the local bar. human value and personal freedom

In Greece people are usually required by law to be represented by a lawyer in courts. In Private Law the sanction is fictitious default( the litigant may be there but the judge is supposed to ...
5
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1answer
339 views

Can defendants switcheroo whenever they want?

Here is a 1994 article describing an Illinois criminal trial where defense counsel pulled the old switcheroo and sat a different person with him at the defense table instead of the defendant. The ...
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1answer
182 views

If represented by lawyer at divorce trial can I myself examine expert witness?

The witness for the opposing party performed the valuation of business. I happen to be in the same profession (I have not introduced my own valuation because of the potential conflict of interest) ...
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2answers
99 views

Under what circumstances is summary judgment or an expedited trial granted?

From what I understand, a summary judgment is granted by a judge if the facts are not in dispute. So what is the threshold for this? Example: A hits B, and B sues for assault and battery. During the ...
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0answers
11 views

How do I find more info about these cases on a county court website?

https://www.saccourt.ca.gov/search.aspx?q=kb%20homes I tried looking up the case numbers, but couldn't find anything
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1answer
126 views

Reissue summons if service fails?

If a Plaintiff fails to serve a Defendant at the address listed in the Summons, does the Summons have to be reissued with the accurate address before service can take place or can service of process ...
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0answers
48 views

Interview before court date

If you have gotten a court date for a civil case by the labor tribunal (violation of contract clause), is it normal to have some interview session asking for necessary documents before the court date? ...
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2answers
69 views

Is there a legal path for overturning Nixon vs US (not to be confused with US v Nixon)?

Nixon v US established that impeachment is not justiciable. However, this provides a path for it to become a carte blanche unrestrained power of Congress. This is a far cry from its intended aim of ...
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2answers
68 views

Two people having wronged one another in different occasions

Person A wrongs person B, the case ends up it courts and then, for a whole different reason and in a whole different scenario, B wrongs A in a way which is worthy to make the case end up in court as ...
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1answer
235 views

moving to dismiss a count in an amended complaint although “answered” in the original complaint

Hypothetical scenario: Plaintiff files a complaint having three counts A,B, and C. Defendant files an answer to counts A,B and moves to dismiss count C for failure to state a claim. On Plaintiff's ...
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2answers
2k views

What would happen if Protagoras v Euathlus were heard in court today?

So, I was browsing Wikipedia today, and I came across this article, detailing a lawsuit in Ancient Greece. Basically, what had occurred was that a man, Protagoras, had entered into a contract with ...
22
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3answers
8k views

Is a suit against a University Dorm for changing policies on a whim likely to succeed (USA)?

I'm going to be changing some identifying details here. Alice attends Omega University. OU has a policy which restricts guests’ access to dorms to only certain hours on certain days. The day ...
5
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2answers
140 views

Counterparty fails to respond to discovery, should I make another pleading or object at trial?

I have a civil trial coming up. I have been accused of speeding in a motor vehicle and plan to defend myself against this false charge. I made a motion for discovery which was for very basic ...
3
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1answer
338 views

Can multiple lawyers speak for the same party at trial?

I know that sometimes a party in a civil or criminal trial will show up with multiple lawyers. Can any of their lawyers speak at the trial? For example, if an objection is made to questioning of a ...
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2answers
32 views

Submitting files to docket when I am representing myself in a law suit

I am representing myself in a civil law suit. How can I submit files and exhibits to my court docket?
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1answer
79 views

Correct way to ask written questions of an expert witness

I am the defendant in a case and the claimant has submitted evidence from an expert witness. I have been told I have the ability to question the expert witness in writing. What is the appropriate way ...
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2answers
329 views

How can a person with a similar experience with the defendant, help the plaintiff in a lawsuit?

I lived in a house that was shared with the landlord and other tenants in common. I have now moved out and have a lawsuit started against the landlord. From "rumors" I heard that a previous tenant who ...
2
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2answers
153 views

Is it illegal for a civil litigant to report the process to the whole world?

Say Bob mounts a civil lawsuit against Rob. Bob acts pro se. The case takes ages. Bob considers telling the whole world about the case for a number of potential benefits (media coverage, supporters, ...
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2answers
83 views

What kind of documents on a civil case file can be not accessible by the plaintiff?

Say Bob filed a civil lawsuit against Rob. Normally documents that get filed on the case will be served on Bob (and all other parties involved) — submissions, affidavits, judges' minutes etc. I am ...
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2answers
109 views

Can the plaintiff in a civil case change the requested damages after the defendant has already been served the summons?

I have a very oddly specific situational question; In a civil lawsuit where a plaintiff is attempting to gain a sum of money from the defending party, is the plaintiff and their counsel allowed to ...
1
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1answer
52 views

Opposite Title of a case

All the cases have the plaintiff's name first and and defendent's name after it ( as in Mohiri Bibi v. Dharmodas Ghose). But there's a case wherein the defendant's name comes first ( in: Khwaja ...
4
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1answer
3k views

Child care exemptions for jury duty in NYS?

New York State (USA) here. I work full time and my wife is a full-time stay at home mom and caretaker for our two children (ages 4 and 6). My wife received a Jury Duty summons and is expected to show ...
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3answers
99 views

When a company sues the “U.S.”, who are they really suing?

According to this Wall Street Journal report, Huawei is suing the "U.S.". What does this really mean? Are they suing the entire U.S. government, a branch of the U.S. government, the people of the U....
5
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1answer
179 views

When and how is service by publication valid?

Sometimes a prospective defendant cannot be served because s/he is out of the country, or just plain is in hiding. In that case, a judge will sometimes allow service by publication. That is, after ...
2
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1answer
56 views

Can Rule 15(c)(1) be used by original parties to defeat a timely claim?

I am currently in a scenario analogous to this one: Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir). 1.) Plaintiff brings a suit against party A before ...
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2answers
62 views

What is the standard way to address written statements presented as evidence in a civil case?

A friend of mine is suing someone. I (and others) witnessed all of the violations that are claimed, but I'm unable to attend the hearing in person for various reasons (mainly that I've moved out of ...
1
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1answer
377 views

Amending Motions

CM/ECF (The Electronic Filing System used by federal courts) has a section for "amended motions". What are the circumstances under which a party could amend a motion? In federal court, can one amend a ...
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1answer
218 views

Can a litigant in person prepare the bundle?

https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_27a Responsibility for the preparation of the bundle 3.1 A bundle for the use of the court at the hearing shall be ...
3
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1answer
341 views

Are judges limited in their reasoning to arguments raised by the parties?

Bob files a civil lawsuit agaist Rob. For simplicity, let's assume they both represent themselves. At the hearing, Bob says: "Here is the evidence. Rob was wrong because of reason A, so he owes me ...
1
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1answer
41 views

Why was Judge Jacksons ruling in DoJ vs Microsoft overturned in the anti-trust hearing of 2001?

In United States vs Microsoft, a 2001 anti-trust case in which the DoJ, 18 states and the District of Columbia alleged that Microsoft had abused its monopoly position was heard by Judge Jackson and he ...
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1answer
374 views

Excuse in Negligence Per Se: why bother with excuses?

When it comes to deciding what kind of weight excuse should have in negligence-per-se cases there is a 3 way split of authority. AUTHORITY 1: Duty and breach are conclusively presumed or established ...
2
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1answer
79 views

Correct places of service for companies in England and Wales

Civil Procedure Rule 6.9(2) states: Subject to paragraphs (3) to (6), the claim form must be served on the defendant at the place shown in the following table. (For service out of the jurisdiction ...
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2answers
138 views

How to ensure that the order drawn by a party is checked by another party?

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part40/pd_part40b#1.1 Drawing up and filing of judgments and orders 1.1 Rule 40.2 sets out the standard requirements for judgments ...
3
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1answer
109 views

How can I determine whether a copyright troll actually owns the copyright they claim?

In recent years "copyright trolls" have been sending demand letters to web sites that claim images found on the sites infringe copyrights, and that they (the trolls) are authorized to settle the ...