Questions tagged [civil-procedure]
For questions relating to the rules and procedures courts follow in civil cases.
276
questions
8
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1
answer
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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.
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3
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1
answer
812
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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 ...
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0
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1
answer
100
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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 ...
2
votes
1
answer
64
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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 ...
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0
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1
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43
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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 ...
7
votes
2
answers
3k
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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 ...
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3
votes
1
answer
131
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"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 ...
29
votes
1
answer
4k
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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, ...
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3
votes
3
answers
651
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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 ...
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0
votes
0
answers
25
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What is the legal doctine of mootness? [duplicate]
Coming on the heels of this question:
Is there some legal doctrine that prevents a judge from entering a
judgement for possession in circumstances where a tenant vacated the
premises prior to trial, ...
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0
votes
2
answers
325
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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 ...
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3
votes
1
answer
177
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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 ...
user49649
2
votes
1
answer
73
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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 ...
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0
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1
answer
63
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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 ...
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0
votes
1
answer
78
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 ...
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8
votes
2
answers
2k
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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 ...
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1
vote
1
answer
53
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.
...
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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 ...
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2
votes
1
answer
57
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.
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0
votes
1
answer
86
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 ...
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-2
votes
1
answer
105
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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 ...
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1
vote
1
answer
74
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 ...
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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.
...
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1
vote
0
answers
34
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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 ...
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2
votes
1
answer
204
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 ...
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5
votes
2
answers
330
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 ...
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4
votes
1
answer
43
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 ...
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2
votes
2
answers
92
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 ...
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-1
votes
1
answer
61
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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 ...
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0
votes
0
answers
25
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Oral Hearing When a Motion is Objected by Opposing Party?
It is my understanding that when a party files a Motion to Dismiss Case and the opposing party files an objection that the matter is scheduled for oral arguments.
Can the party filling the Motion ...
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0
votes
1
answer
129
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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 ...
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votes
1
answer
54
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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 ...
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2
votes
2
answers
106
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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 ...
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1
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50
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 ...
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0
votes
1
answer
153
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 ...
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votes
1
answer
67
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Filling a complaint to compel arbitration?
The concept of filling a motion to compel arbitration in response to a lawsuit is well known. Less known is the option of filling court proceedings to compel arbitration as a complaint - even when no ...
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3
votes
1
answer
108
views
Is a judge required to explain his ruling?
A friend of mine was recently in Special Civil court where the Defendant submitted a 25 page motion to dismiss the case.
The judge read the motion (to himself, quietly) and announced that he does not ...
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4
votes
1
answer
65
views
Which courts exercise family law jurisdiction in Australia?
Under s 51(xxi) of the Constitution, the Commonwealth Parliament has the power to legislate with respect to marriage. Thus, most substantive Australian family law is set out in the Family Law Act ...
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0
votes
2
answers
88
views
Joinder of defendant and plaintiff in a civil case
If a plaintiff(p1) brings a civil action against defendant(d1) can a different plaintiff(p2) with a claim arising out of the same transaction or occurrence and raising the same question of law agains ...
1
vote
1
answer
50
views
Does the English rule apply to costs in possession claims?
In case a claimant triumphs in a possession claim, they are entitled to seek a costs order against the defendant.
But suppose that the claim is instead struck out, while the defendant triumphs, but ...
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1
vote
1
answer
52
views
Why does practice direction 55A begin with 55.3?
Practice direction 55A seems to begin at 55.3. Why are there no Practice Direction 55A rules 55.1 and 55.2, or where are they?
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0
votes
0
answers
22
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Can a money claim given as part of a standard possession claim be granted where a possession order is denied in the case?
If a standard claim for possession of rented property is issued with an included claim for rent arrears on form N5, if it is judged that there is no legal entitlement to possession for the claimant, ...
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6
votes
1
answer
267
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In what cases is a U.S. Federal Executive Official named in a lawsuit in their official capacity as a defendant and when is the US itself named?
I was curious under what situations the United States is named as the defendant in a lawsuit as opposed to when a U.S. Federal Executive Official (or agency) is named (in their official capacity) as ...
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3
votes
1
answer
369
views
What is the scope for third party subpoenas in civil litigation?
Are third party subpoena's of large organizations allowed in civil litigation?
For example, if there is a lawsuit over a business deal, can one or more of the parties subpoena phone records such as ...
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3
votes
2
answers
98
views
When to File a Motion to Compel Arbitration in a LT Trial?
In a landlord tenant case in NJ, should one file a Motion to compel arbitration before the case is heard or should one wait to make that argument orally in front of the judge?
If it is ideal to submit ...
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0
votes
1
answer
44
views
Attaining or Making Forms
In my county, it is rather hard to find some forms. Furthermore, the clerk's office does not provide one with forms nor do they direct one towards forms. The only resources that I know of are some ...
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1
vote
1
answer
82
views
Incorrectly Filing a Civil Case
What happens if a civil case is incorrectly filed? Is there recourse to request that the case be dropped and make the petitioner refile the case?
For example, in Indiana, a petition for a protective ...
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0
votes
1
answer
145
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Process of Protective Orders Hearing (Indiana)
My understanding is that, first, the petitioner testifies, presents evidence and possibly calls witnesses, and, the respondent does the same.
My questions are the following.
Is the the entire process ...
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-1
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1
answer
72
views
In an accelerated possession claim, if no written request for judgment is submitted by the claimant and no defence submitted by the defendant
Bob has claimed possession of a property from Alice. Alice has received the form from the court and not returned hers within the allotted 14 days. Under normal possession claims, the passage of this ...
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1
vote
1
answer
151
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Are Condo owners an indispensable party?
Assume that a Florida HOA has failed to enforce its bylaws: owners have improperly built improvements on the common area (land), some of these owners have sold their units. Assume said improvements ...
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