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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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16 views

Converting a motion to dismiss to a motion for summary judgment under FRCP Rule 12(d)

This question concerns Rule 12(d) of the Federal Rules of Civil Procedure: "Result of Presenting Matters Outside the Pleadings. If, on a motion under Rule 12(b)(6) or 12(c), matters outside the ...
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1answer
62 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 ...
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2answers
112 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 ...
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1answer
57 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
29 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
69 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
318 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 ...
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2answers
144 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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49 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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29 views

Can either party in a Civil Case ever be forbidden from appealing?

When appealing a civil case either side may appeal the verdict as written by uscourts.gov: Civil Case Either side may appeal the verdict. Now I know an apellate court can sometimes deny an ...
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70 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 ...
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1answer
32 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 ...
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39 views

What is proper use of FRCP 59(e) motion to amend?

Several 12(b)(6) motions are granted over the course of a couple years. cc A 12(b)(6) motion against the last two claims is granted which created a final judgment. cc Can a FRCP 59(e) motion to amend ...
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1answer
1k 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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89 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....
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1answer
96 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 ...
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1answer
30 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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17 views

Does plaintiff need to file affidavit of his own statement of fact?

A pro-se plaintiff in a civil proceeding files a Statement of Claim in which he explains his Causes of Action, refers to attached documents ("Annexures") and contends his points about what the ...
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2answers
59 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 ...
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1answer
73 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
96 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 ...
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1answer
195 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 ...
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19 views

How can i complain in germany from india against a pio card holder person holding german passport. Born of india

I have an complain against a person who live in germany she is exwife of my passed (dead)husband they leagly divorced in 2006 in germany still she claim in my property after death of my husband and ...
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14 views

Can multiple interrogatories be served so long as the net number of questions remains below the number permitted?

In the federal arena, absent some local rule, is there any reason why a person could not serve, say 2/25 questions at one point in discovery and then the remaining questions at some later point? In ...
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1answer
244 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 ...
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1answer
40 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 ...
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2answers
103 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 ...
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30 views

Can I make changes to my initial writ after getting it warranted but not served?

What is the name of your state? Scotland, United Kingdom Can I make changes to my initial writ after getting it warranted but ''not'' served in an Ordinary Procedure case of the Sheriff court of ...
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1answer
85 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 ...
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3answers
199 views

Suspending White House hard pass & preliminary injunction

Jim Acosta was asked by the Secret Service to surrender a White House hard pass as the result of an altercation in a press event. The White House press secretary explained that it being suspended ...
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2answers
354 views

Does collateral estoppel apply in a criminal case?

Can a criminal defendant rely on collateral estoppel to preclude the government from proving an element of the crime in a criminal case? Two hypotheticals: A woman sues the police for violating ...
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4answers
934 views

Can a pro se plaintiff call the defendant as a witness and compel testimony in a civil suit?

I have a court case coming up in Maryland District Court. It is a landlord-tenant dispute; we are pro se plaintiffs and the defendants (husband and wife, both landlords to the house I lived at) will ...
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0answers
118 views

Statutory Basis for Screening Order

About six weeks ago I filed, as a pro-se litigant, a 1983 action in the district court of Arizona. When filing the complaint, the clerk told me she couldn't issue a summons because it related to ...
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2answers
272 views

What remedies are there if it was subsequently discovered that a witness lied at trial?

Suppose this is a tort case (my understanding is unlike a criminal case there is no double jeopardy in tort cases), where a plaintiff was suing a defendant for a lot of money in a tort. A witness ...
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1answer
102 views

Why does “Day 1” of the 20-day response time limit for FOIA requests begin the day AFTER agency receipt of a request?

Why does "Day 1" of the 20-day response time limit for FOIA requests begin the day AFTER [the proper component in an] agency receives a perfected request? I understand that under Rule 6 of the ...
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1answer
48 views

Details on federal appeal options

Federal Rules of Civil Procedure. Appeals under, 28USC1292(b) states that an "application" must be made ... What does "application" mean in this rule?
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4answers
1k views

Can Congress legislate the structure of court rulings?

Suppose Congress, in the interest of keeping rulings easier to read and interpret, passes a law that says the judicial branch at large must provide a summary of its findings that does not directly ...
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1answer
656 views

Compulsory counterclaim rule in states of USA

Prof. Kent Sinclair said in a conference "... over 40 states had adopted a compulsory counterclaim rule." but he didn't say their names. Who knows which states have such rule? (I found a table on ...
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2answers
249 views

Can a sibling contest a life insurance policy?

My step father had several insurance policies in some of which he listed his daughter as the beneficiary and on the rest he listed his son, who is my younger brother. Can his sister from a different ...
4
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1answer
58 views

Discovery of evidence seized in a criminal investigation

The recent raid of Michael Cohen’s office and residences has led me to wonder about the interplay between discovery in federal civil procedure and evidence seized in a criminal investigation. (The ...
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2answers
192 views

Is the California court ruling that coffee can increase cancer risk justified?

A court in California ruled against companies that may have to put a warning that tells customers there is a possible cancer risk linked to coffee by saying the companies "failed to meet their burden ...
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1answer
60 views

Jurisdictional vs appeal of right

Does an appeal of right that is not heard or briefed remain an appeal of right if dismissed and brought in front of the Supreme Court on a jurisdictional appeal. Also, on that appeal, would the brief,...
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1answer
166 views

Traffic Violation Question

If a police officer stops someone for a traffic violation and they don't have a driver's license and no identification at all, what is the charge?
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2answers
627 views

Can jury nullification apply to a civil lawsuit?

What I am referring to, is when a jury rules that the accused is technically guilty, but shouldn't be punished for it anyway. In other words: the jury determines that the letter of the law conflicts ...
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3answers
141 views

What would happen if one raised philosophical objections during a legal case?

I'm curious what would happen in a court of law if a defendant (for instance) raised a philosophical objection to the accusations. There are lots of commonsense notions (like causality, or ...
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1answer
32 views

Why would a split legal profession explain why 'the rules of court in many [such] jurisdictions are cast as regulations rather than as statutes'?

Source: Civil Litigation (Feb. 2010). pp. 29 Bottom - 30 Top.   In Canada, lawyers are officially both barristers and solicitors but, as a practical matter, most will work primarily as one or ...
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2answers
2k views

What is the legal penalty for “contempt of Congress”?

In reading a recent article that suggested Steve Bannon might be found in "contempt of congress", I realized that there's no information on what the penalty for that might be, unlike the statutorily ...
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3answers
129 views

New trial motions-once the motion for summary judgment has a response may new trial motion be invoked?

Litigation in the pretrial phase progresses to the point of possibly one party filing the MSJ. After that motion has been responded to and the judge has the responsibility to rule on it, may he, for ...