Questions tagged [civil-procedure]

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

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Is there any authority that says a federal case is considered final upon entry on the civil docket?

So I have a federal case where the decision was made on a Monday (let us call it January 19) but the order was not entered on the federal civil docket until Wednesday (January 21). When is the case ...
0 votes
2 answers
51 views

What does "response is due by" really mean on a civil demand?

It seems obvious but... Alice and Bob have an existing business relationship. Alice sends Bob a letter demanding his response via U.S. Postal Service (USPS) Certified Mail, to be received on or ...
4 votes
1 answer
113 views

In what circumstances (if any) can a lawyer remain anonymous?

In the United States, are there any circumstances in which a lawyer can keep their identity a secret from opposing counsel in the course of representing a client? In case you think this is just some ...
1 vote
1 answer
48 views

What are the constraints on a civil suit (witnesses, evidence, topics) - and are they public

I am currently watching the Depp/Heard trial, and there seems to be a lot of stuff that cannot be shown, or said, and a lot of people i would expect to make a statement are absent. My guess is that ...
3 votes
1 answer
105 views

Did Royal Navy or US Navy courts martial or boards of inquiry ever use a bell as a gavel?

In Star Trek (not the best guide to law), a Starfleet Board of Inquiry equivalent is shown with the presiding officer striking a tiny bell to indicate that proceedings were commencing or adjourned (...
2 votes
2 answers
195 views

Can you sue yourself under the TX anti-abortion law?

The text of Sec. 171.208. CIVIL LIABILITY FOR VIOLATION OR AIDING OR ABETTING VIOLATION. reads (emph. mine) (a) Any person, other than an officer or employee of a state or local governmental entity ...
2 votes
1 answer
69 views

Can issues raised in a civil matter be used as evidence against a party in a criminal case?

If there is a divorce case and through the process of declaring a parties financial position it comes out that one of the parties has dodged a bit of tax can that evidence be held against them? Does a ...
0 votes
1 answer
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Does a NY divorce court have jurisdiction to rule on an action that involves the use of Supplemental Security Income funds?

An over 21 mentally challenged person who was certified to receive Supplemental Security Income (SSI) at the age of 18 elects a "Payee" who happens to be a parent. For several years the ...
2 votes
1 answer
97 views

Serving summons on a defendant who is a U.S. Federal Government official: original or copy?

A civil lawsuit against federal government officials is served by certified mail. This is in accordance with Fed. R. Civ. P. 4 (i): (i) Serving the United States and Its Agencies, Corporations, ...
1 vote
1 answer
52 views

What is the legal process for a patient under psychiatric hold (or their representative) to request a transfer to a different facility?

Suppose a patient is involuntarily committed to a psychiatric facility in Colorado. However, the patient feels that they are receiving inadequate care at their current facility, and would prefer to be ...
0 votes
1 answer
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In a legal evidence submission packet, what is common nomenclature for different types of articles?

For example one might have exhibit 1, exhibit 2, and so on, but also various witness statements. Are these statements themselves also exhibits? Where else can one find references of these sorts of ...
2 votes
3 answers
110 views

Do countries (with rule of law) exist where a court ruling can be achieved before an action is taken?

Let's say I want to Create a taxi-like service that avoids requiring medallion Create a hotel-like service that can avoid zoning and insurance laws Create a tax scheme involving moving money in ...
1 vote
1 answer
49 views

In Civil Procedural Pre-Action Protocol, are there time limits for the complainant to send further replies following an initial letter and response?

Let us suppose that a business A aggrieves an individual party B, and B has a limitation period of 3 years to bring forth a civil legal action. Within 10 months, they send a letter-before-claim ...
4 votes
2 answers
232 views

Can a plaintiff call the defendant as a witness in a civil trial?

Alice is suing Bob, representing herself. She has decided that her best strategy is to catch Bob in a lie to undermine his credibility. Can Alice call Bob as a witness? What questions can she ask?
2 votes
1 answer
130 views

How to affirm when asked to swear

In many jurisdictions, scenarios requiring an oath can alternatively require an affirmation. However, what happens if an official asks, "Do you swear to tell the truth, the whole truth, and ...
1 vote
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In California, what claims may not state a dollar amount in a complaint or in its prayer?

Punitive damages may not be claimed as an exact dollar figure in a complaint or in the prayer since the middle '80's in California, and must be left to the jury. What other claims cannot be claimed as ...
7 votes
2 answers
1k views

Is there a time limit to initiating a legal complaint?

In the case of an injury that continues to affect the Plaintiff, is there some time limit for filing legal documents with a court?
1 vote
2 answers
72 views

Can a civil disability be applied without a trial?

In an article promoted in this tweet a blue-check attorney makes a claim that some Congressmen can be disqualified from holding public office because of A14.3. He claims that a criminal conviction is ...
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4 answers
359 views

If a federal law caused a breach of contract, then how can the claim not need mention the federal law?

Source: pp 229-230, Thinking Like a Lawyer: An Introduction to Legal Reasoning (2010, 2 ed) by Kenneth J. Vandevelde.   The statute granting federal question jurisdiction to the district courts ...
2 votes
1 answer
62 views

Does Bob have to file a courtesy physical copy of his complaint to the courtroom clerk even if he e-files a suit?

For example, Alameda County Superior Court Local Rule 3.30(c) provides as well as its "Technical E-Filing Requirements" instructs in point 12. "Printed Courtesy Copies" that "...
2 votes
1 answer
57 views

Can a waiver of court cost include printing costs or fees?

Information Sheet on Fee Waiver of Superior Court Fees and Costs states that “If you ... want to sue someone ... and cannot afford to pay court fees and costs, you may not have to pay them in order to ...
3 votes
1 answer
91 views

What would happen under Texas civil procedure law if multiple claimants file against the same defendant for the same SB.8. incident?

According to provision 171.210 of SB.8, Texas residents may sue the defendant in the plaintiff's county of residence. So what would the procedure be if multiple suits are filed for the same incident &...
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1 answer
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Can a plaintiff dismiss a civil suit in the US?

I recently had occasion to speak with a lawyer in the Office of Legal Council of the IRS (whom I will call L) about a US Tax Court case. The IRS had accepted a revised return ans so there was no ...
1 vote
1 answer
65 views

Who decides about civil penalties and punitive damages if a suit defaults on the defendant’s failure to respond to a complaint?

If in a lawsuit a plaintiff seeks punitive damages or civil penalties or both, it is within the sole discretion of the jury to award them, and the only duty the court is tasked with in the ...
1 vote
1 answer
70 views

Do civil courts have the power to force a criminal investigation after it finds evidence of fraud?

Say a person sues a fraudster in civil courts. Upon showing evidence of fraud, can the court, through request of the plaintiff, request a criminal investigation on the fraudster? I would presume such ...
4 votes
1 answer
1k views

For an appellate court, how does 'burden of proof' differ from 'standard of review'?

Preface: This book discusses civil trials, and not criminal trials (whose procedure is more complex, per the author). Source: p 86, Thinking Like a Lawyer: An Introduction to Legal Reasoning (2010, 2 ...
2 votes
2 answers
96 views

If the state is involved in a civil matter, can it use its criminal evidentiary powers against the other party?

I will preface this question by say I am a total layperson when it comes to the law so forgive me if I mix up ideas here. This question is based on the recent news that the EU is suing AstraZeneca for ...
0 votes
2 answers
202 views

Can a company intentionally lose a lawsuit?

Let’s say a multiple-defendant tort suit is brought against Companies A and B. Company A would like to settle, but Company B does not wish to settle. Instead, for some reason, Company B would like to ...
2 votes
1 answer
104 views

Impleaded by plaintiff

I'm currently a 1L and asked my civ pro professor, but have yet to get a response. Under Federal Rule of Civil Procedure 14(a)(2)(C,D), an impleaded party may assert claims against the plaintiff. ...
1 vote
3 answers
70 views

What are the legally allowable "complaints" under the following facts?

My questions arise from the fact that statutory rape is a "strict liability" crime. This could lead to a paradoxical result like the following: An underaged individual forces a much* older ...
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If notice in certified mail is required by statute, does that rule out compliance if one also asserts statutory confidentiality of settlement talks?

For example, the CLRA (Cal. Civ. Code §§ 1782, 1750, et seq.) requires notice of demand 30 days prior to the commencement of an action in certified or registered mail, return receipt requested, ...
1 vote
3 answers
156 views

Does gas stations have to file restriction order after being asked to leave?

Long story short I informed the owner of the gas station that (after many attempts) the manager would not pay me my winnings from a pull tab game at the station. The manager and I then had an exchange ...
2 votes
1 answer
58 views

Does a case continue if class certifcation is denied?

If a Motion for Class Certification is denied by the court, does the case continue? I'm trying to research litigation against a specific US company and I've come across some cases in which the court ...
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In a civil case against the US gov't, complaint was not contested by defendant; can the judge reject a request of the plaintiff without a hearing?

There is a (valid) civil lawsuit which was filed against the US government, its agencies and officers at a district federal court. The plaintiff did not ask for a jury. The US government (through the ...
0 votes
1 answer
101 views

May one have an affirmative defense to the ‘Texas Heartbeat Act’, SB8, if they require reimbursement from the patient for any statutory damages?

Example: A provider (and/or others, such as an insurance company or Uber driver) requires a patient seeking a potential abortion to sign a contract agreeing to reimburse them for any potential costs ...
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US federal court: The correct timeline of filing a request for entry of default

In a US federal court, assuming that the defendant, namely a US government official, failed to respond to a civil complaint within the 60-day period following the service of the compliant — When ...
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Filing a motion/request with US federal court when one or more of the defendants were replaced since the original complaint

A complaint was filed with a US federal court. If there is a need for the plaintiff to file a motion or request (e.g. a request for entry of default) related to the original complaint, the motion or ...
0 votes
1 answer
71 views

In Australia, how do I send a letter of demand to a person but don't know his physical address, only email address?

I need to send a letter of demand to a person but I don't know his address. I only know his work address. This for a Small Claims Dispute (Less then $10K). I am in Australia. I have his email and can ...
1 vote
2 answers
73 views

Can Right to Chattel be Challenged during Pre-Trial Phase?

Suppose the plaintiff has filed a trespass/conversion tort in federal court, but the chattel they are asserting a right to is not actually theirs. I understand that in some sense, and to some extent (...
3 votes
2 answers
4k views

Are "conclusions of law" given pro forma denials in response filings?

I have been reading Responses to Motions in some court cases. These contain a one-to-one response to each paragraph in the Motion to which they are responding, typically of the form: Admitted; or No ...
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0 answers
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Texas - Regional Jail Facility Regulations

DFW Metroplex. Some of the smaller municipalities don't have jails. They outsource to regional jail facilities for imprisonment. So arrested by 1 non-jail city, you get jailed in a neighbor city ...
2 votes
1 answer
64 views

What happens when a federal government Defendant who is sued in his official capacity is being replaced shortly after the civil complaint was filed?

A civil lawsuit is filed against several federal government officials. The officials are specified in the complaint by their names as defendants, however they are sued in their official capacity. What ...
2 votes
1 answer
45 views

In a Civil Case Complaint, does "Demand $" in Civil Cover Sheet (JS44) also apply to refund of legal fees through EAJA (Equal Access to Justice Act)

In a Civil Case Complaint against the US Federal Government, it is possible for the plaintiff in certain circumstances to get a refund of his attorney fees and other expenses. As explained on a ...
0 votes
1 answer
67 views

How much detail does one include in a complaint?

I literally spent the entire day working on my complaint, but just read (on avvo) that providing too much detail can get the suit dismissed. My complaint recounts each detail of the situation in order ...
1 vote
1 answer
75 views

In which United States District Court should a permanent resident file a lawsuit against the USCIS?

A US permanent resident has recently moved to western VA. VA has two United States District Courts: Western and Eastern. The permanent resident would like to file a lawsuit against the USCIS. One of ...
2 votes
1 answer
37 views

Filed each actions at once, could you move the court to conclude one or more actions for relief before moving to other actions?

18 U.S.C. 1915 (f)(1) "Judgment may be rendered for costs at the conclusion of the suit or action [...]" This strikes me as one action may be obtained summary of judgement or other forms of ...
2 votes
1 answer
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Do you make two or more different paragraphs, subdivisions or sections of a statute in the table of authorities separately or how do you go about it?

Say you want to list 3 sections of the same statute in the table of authorities in your pleading including §123 and §124 as well as §125(a) and §125(b); will you list them each or will you list one ...
3 votes
2 answers
116 views

Is there any case law for written replies to letters or emails satisfying service of process requirements?

Hypo... Bob is required to serve a pre-court proceedings’ notice [or complaint/other filing even] on Cob. Bob and Cob are both [U.S./California] citizens. Bob sends all documents required to Cob in a ...
5 votes
1 answer
105 views

Default judgement when the court can't provide the requested relief

Bravo v. Pelosi is the latest attempt to overturn the 2020 US Presidential and Congressional elections. The plaintiffs are suing everyone they think is even remotely related to the election, and a ...
2 votes
1 answer
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Are courts "duty-bound" to enforce Rules of Procedure?

In Hunter v. Serv-Tech (E.D. La. 2009) referenced in this answer, the court denied a critical motion on a technicality and explained its reluctant decision saying: [T]he Court is duty-bound to apply ...

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