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Questions tagged [civil-procedure]

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

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In US District Court, can a plaintiff amend a complaint , more than 21 days after service, if extensions are granted to file an answer?

When a complaint requires correction of a mistake or misstatement, which relates to the amount of relief they are entitled to, based upon the same claim/cause of action, but more than 21 days have ...
JDWhippingBoy's user avatar
2 votes
2 answers
67 views

CIV PRO: what does the word alternatively mean under CR 20(a)(1) and CR 20(a)(2)?

I have the following in my notes regarding the joinder of parties: Rule 20(a)(1) allows persons to join as plaintiffs if they assert any right jointly, severally, or alternatively arising from the ...
S J's user avatar
  • 522
-4 votes
0 answers
61 views

does a judge have to give cause why a judgement entered in a case is reversed within a 48 hour window

Does a judge have to show cause why a judgement once entered into the record is reversed by the same court /judge within a 48 hour time frame?
Dave Erlanson's user avatar
0 votes
3 answers
201 views

When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents?

Or are future legal precedents only set when you go to a bench trial or a jury trial? This question applies to both criminal and civil cases - not sure if there is a difference...
AlanSTACK's user avatar
  • 2,060
-1 votes
2 answers
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Can a U.S. federal appellate court transfer a case to another federal appellate court?

Is there any published decisional authority recognizing that a (U.S.) federal appellate court has discretion to transfer a case to another appellate court? Which would seem to be appropriate response ...
Glen Fallin's user avatar
1 vote
1 answer
38 views

21 days under FRCP 12(a)(1)(a)(i) or 14 days under FRCP 15(a)(3)

When a plaintiff adds a party via an amended complaint, does the new defendant get 14 days to respond under FRCP 15(a)(3) (the rule for responding to an amended pleading) or 21 days to respond under ...
Laymeno121's user avatar
9 votes
4 answers
4k views

Do judges limit the amount of work required from each party's lawyers in a civil case to a reasonable amount?

One of the reasons rich parties tend to beat poor parties in civil cases is that the rich party will initiate a bunch of actions in the case that the poor party has to respond to. The poor party ...
interfect's user avatar
  • 3,491
3 votes
2 answers
134 views

Are there lines of reasoning that can only be introduced into a case via an expert witness?

Say some technical question is important to a court case. One side brings in an expert witness on the subject to testify that the answer is in fact A in their expert opinion. Is the other side allowed ...
interfect's user avatar
  • 3,491
0 votes
1 answer
59 views

Cause of Action References to Penal Code and Violation of Civil Code in a Complaint Filed in the US

If a complaint contain multiple cause of actions (e.g., one cause of action references to the Penal Code, and another cause of action references to violation of Civil Code), is this a civil or ...
HelloDarkWorld's user avatar
4 votes
2 answers
155 views

What happens if SCOTUS issues a ruling that contradicts a State Supreme Court, which itself upheld a District Court ruling?

Maybe it's obvious, but I'm asking this question in the context of the potential SCOTUS review of the Colorado Supreme Court ("CSC") ruling which upheld the Denver District Court's ("...
Michael Bray's user avatar
6 votes
1 answer
2k views

Introducing evidence into trial in the US

How does one introduce evidence into trial? Do all pieces of evidence have to be introduced into trial before trial starts? Can I bring additional evidence on the day of the trial and introduce it on ...
HelloDarkWorld's user avatar
10 votes
1 answer
2k views

Can a civil court impose criminal contempt charges?

For a 2nd time, Donald Trump is being sued by E. Jean Carroll for defamation charges relating to his ongoing defamatory actions towards her. The 1st lawsuit relating to these litigants occurred in May ...
Pyrotechnical's user avatar
1 vote
0 answers
44 views

In Canada, is it possible to discontinue an civil action against only one of the defendants?

In a Civil matter where multiple defendants are involved, is it possible to discontinue the case against only one of the defendants, after the pleadings are closed ? if it is possible, then is a ...
VilleLipponen's user avatar
0 votes
0 answers
26 views

Example of res judicata and collateral estoppel in the US [duplicate]

I know that res judicata, also known as claim preclusion, prohibits lawsuits involving the same cause of action and the same parties if the court has entered a final judgment on the merits. On the ...
HelloDarkWorld's user avatar
-1 votes
1 answer
99 views

How can one bring a civil claim against an unidentified defendant in order to apply for a third party disclosure order to identify them?

Past answers here have suggested that a claim can initially be brought against an unidentified party like “the man in the blue jacket who did X at Y location on Z date.” Once the claim is started then ...
TylerDurden's user avatar
1 vote
1 answer
77 views

Where can I read detailed sequence of events in court cases?

I am a graduate student but not a lawyer, so I have access to databases that might be needed for this through the university library website. I am looking for fun reading, mostly. I was once told that ...
Frank Booth's user avatar
4 votes
1 answer
109 views

Pressing charges for an unlawful car seizure

I was given a 28 day to proceed with a civil complaint against the local police force due to an unlawful vehicle seizure. Preparing for the worst, I have recorded all my communication with them, which ...
Clarisse's user avatar
8 votes
1 answer
1k views

Difference between "dismissed with prejudice" vs. "res judicata"?

What are the differences and similarities between the two? How are they used in the USA? Thanks.
HelloDarkWorld's user avatar
3 votes
1 answer
990 views

Is a judge or jury "to assume or presume" testimony not given after invoking the fifth amendment would have been negative in a civil trial?

In CNN's ‘Very bad strategy’: Legal expert reacts to Trump’s latest attack on judge after 03:11 there's the following exchange with former federal prosecutor Renato Mariotti: CNN: And of course, when ...
uhoh's user avatar
  • 776
0 votes
1 answer
154 views

Is one witness all that's needed to prove a civil case?

So a couple of weeks ago I parked at my apartment building and when I came back to my car the following day, I found a note that I had hit the car beside me when I parked and that the other party had ...
Trustworthy's user avatar
2 votes
1 answer
116 views

In which state does a corporate firm file for bankruptcy?

Consider a corporate firm that is operating in Miami (e.g., leases office space, meet clients, do the actual work). Suppose this firm's headquarter is in New York City. But, it is incorporated in the ...
Frank Swanton's user avatar
0 votes
1 answer
44 views

Which countries have provisions for e-summons (e-mail, whatsapp, fax, etc.)? Please share specific guidelines, rules, news articles would also work [closed]

I'm researching electronic summons, which are served electronically through e-mail, messaging services, fax, etc. Although I have found guidelines from some Indian states, I'm looking for e-summon ...
deprivedoftea's user avatar
7 votes
2 answers
3k views

An attorney can't afford to pay for professional services to search & retrieve required documents for civil & criminal proceedings, what happens next?

If an attorney in the US is being required to produce substantial but selected legal records and documents for a mix of criminal and civil litigations against the attorney, and these documents are ...
uhoh's user avatar
  • 776
3 votes
1 answer
133 views

"In person" in UK practice

If the record of a UK civil hearing identifies a party as being "in person", does that mean that the defendant was physically present or that the court had not been informed that the ...
Mark Morgan Lloyd's user avatar
28 votes
1 answer
4k views

Why the obscure but specific description of Jane Doe II in the original complaint for Westenbroek v. Kappa Kappa Gamma Fraternity?

In Westenbroek v. Kappa Kappa Gamma Fraternity (2023), filed in the Wyoming District of U.S. court, the plaintiffs are seven women, members of Kappa Kappa Gamma sorority at University of Wyoming, ...
Mark Dominus's user avatar
3 votes
3 answers
1k views

What happens if your case survives a motion to dismiss on a lie?

I have seen a few youtube videos that go over the basics of US civil process. My understanding of it is that the first move of the defendant is always to move to dismiss. In this stage, everything ...
HAEM's user avatar
  • 583
0 votes
2 answers
461 views

Judgement for Possession when Tenant Vacated the Premises?

Under what circumstances can a judge issue a judgement for possession when a tenant vacated the premises prior to trial, returned the keys to landlord and made it clear that he no longer lives at the ...
S.O.S's user avatar
  • 601
3 votes
1 answer
182 views

germany insurance company is asking for their referral bonus back after they said it is mine [closed]

I was wrongly transferred a referral bonus of 12k euros spanned across 10 transactions for a year starting Summer 2021 from my insurance company. I did not refer anyone however. I reported the problem ...
user avatar
2 votes
1 answer
80 views

What provision of the CPR requires any parties who might possibly be claimants to an action to be made defendants if they are not?

A blog site mentions a provision requiring all parties who might be a party to a claim to be listed as defendants if they are not participating as claimants, but I cannot find it again now that I want ...
TylerDurden's user avatar
0 votes
1 answer
82 views

Procedural Rules v Federal Law?

This question is inspired by @ohwilleke response to my previous question. In his response, ohwilleke highlighted the following point: Isn't the the Appellate Division in NJ required to uphold the ...
S.O.S's user avatar
  • 601
0 votes
1 answer
83 views

Are there any opportunities to Socratically question an opposing counsel on their legal arguments in a civil trial?

According to this answer, https://law.stackexchange.com/a/90414/48046 Opposing counsel was called as a witness for examination in the American scopes trial. Is such a practice allowed in English trial ...
TylerDurden's user avatar
8 votes
2 answers
2k views

In a civil trial, can a party “call” its opponent’s witnesses in making its case?

I mean, as opposed to merely cross-examining them in the course of the opposing side’s presentation of their case. A closely related question asks of calling the defendant itself, though not its ...
TylerDurden's user avatar
1 vote
1 answer
62 views

What does it mean that the RPT tribunal member in this case was “also sitting as a district judge of the county court”?

In this case one of the tribunal judges is indicated as having been sitting as a judge of the county court, even though the claim had been brought in the first tier tribunal of residential property. ...
TylerDurden's user avatar
1 vote
0 answers
54 views

In Washington State, is a petition void or nul if there's no judge's signature for 476 days after filing with clerk's stamp?

Is there a "lazy judge rule" for civil procedure in WA state? In Indiana: Failure to Rule on a Motion and Delay of Judgments Under T.R. 53.2, if a judge takes a cause tried to the court ...
QZ23's user avatar
  • 275
2 votes
1 answer
60 views

What rule governs when county court decisions result or don’t result in written statements of reasons?

I recall reading that at the circuit judge appellate level, the answer is yes. But I’m more wondering specifically about the district judge or deputy district judge level of first instance.
TylerDurden's user avatar
0 votes
1 answer
88 views

Why do we have a written and reasoned judgment of Bower v Brewdog?

I thought that in general, cases at the county court level are decided summarily, unless and until they get appealed to, e.g., the circuit judge. Yet, Bower v Brewdog appears to have been judged by a ...
TylerDurden's user avatar
-2 votes
1 answer
106 views

Is it unethical to file a claim against an attorney who lied?

Is it unethical to file a claim with the American Bar Association against the attorney of the opposing party when the attorney lied in court to tip things in his favor (e.g, made a false statement of ...
S.O.S's user avatar
  • 601
1 vote
1 answer
92 views

Denial of a motion to compel arbitration

When a motion to compel arbitration is denied in a lower court and the defendant files an appeal, does that automatically stay proceedings in the lower court? Since the rules and laws can vary from ...
S.O.S's user avatar
  • 601
0 votes
0 answers
40 views

Does the legal aid agency get compensated for legally aided cases that are successful?

Suppose that A, represented by a legally aided lawyer, sues B, and their claim fails. Then B may be able to claim costs against A, and if they are awarded, then legal aid will cover the costs order. ...
UBSOS23's user avatar
  • 51
1 vote
0 answers
35 views

What type of legal action could be used to assert one's rights to funds held by a brokerage firm?

A previous question was insufficiently focused, and this is the third part (see also part 1, on establishing an appropriate jurisdiction, and part 2, on establishing the type of claim and appropriate ...
UBSOS23's user avatar
  • 51
2 votes
1 answer
640 views

How would I get rid of a lawsuit that incorrectly names me as the defendant?

Somewhere on the Internet, there's an obscure business directory that has me incorrectly listed as the local Little League sports program. For the purposes of this question, assume the entry reads as ...
Mark's user avatar
  • 6,392
5 votes
2 answers
693 views

How common actually are perjury proceedings?

I’ve read a number of tenant advice materials that caution that landlords frequently lie at court and so one really has to be prepared for this to potentially happen. Meanwhile, I have read a number ...
TylerDurden's user avatar
4 votes
1 answer
58 views

Default judgement on failure to respond to summons

In the case "Raising Cane's USA, LLC et al v. Twins Chicken Inc", Plaintiff delivers a summons and Defendant appears to never reply. After 3 months, Plaintiff voluntarily withdraws their ...
scip's user avatar
  • 143
2 votes
2 answers
103 views

What is the correct venue in which to claim for one’s own needlessly wasted or lost time?

Suppose, for example, that a business screws up in a way that harms a customer, and the customer is told that they need to return after 11am on the following day when they will be able to have the ...
TylerDurden's user avatar
0 votes
1 answer
72 views

Why can’t claims under s214 Housing Act 2004 be issued in the small claims track?

Accordingly myriad materials online including as authoritative as Shelter, section 214 claims must be brought under the Part 8 procedure, even where the maximum possible award would fall well within ...
TylerDurden's user avatar
0 votes
1 answer
500 views

Replying to a Motion Objection

When Party P (Plaintiff) files a lawsuit against Party D (Defendant) and the Defendant submits a motion to dismiss case. Party P submits an Objection to the motion. Party D wishes to counter the ...
S.O.S's user avatar
  • 601
-1 votes
1 answer
57 views

SAR before claim: tactical and legal considerations [closed]

A claimant C intends to sue a business B, which is also a data controller. Independently of the prospect of any civil action, C is entitled to make a SAR (Subject Access Request) to B under the Data ...
TylerDurden's user avatar
2 votes
2 answers
128 views

Are civil law cases precedents in common law states?

So, Louisiana is a bit of an odd-ball state in that it observes civil law (Napoleonic law). The big difference between common law and civil law is that in civil law, the judge is expected to base his ...
Nosajimiki's user avatar
0 votes
1 answer
116 views

What is the procedure of filing a complaint to compel arbitration?

When two parties disagree whether an arbitration agreement is binding, the party seeking to compel arbitration does not need to wait for the other party to bring a suit against them in court to file a ...
S.O.S's user avatar
  • 601
0 votes
1 answer
236 views

In civil court what happens when two cases overlap?

What happens when there are two pending / overlapping court cases where the decision in one case effects the outcome of the other case. Would the court allow the second case to be heard/filed before a ...
S.O.S's user avatar
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