Questions tagged [civil-procedure]
For questions relating to the rules and procedures courts follow in civil cases.
143
questions
5
votes
1answer
251 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 ...
1
vote
1answer
101 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) ...
0
votes
0answers
37 views
Punitive Damages in Default Cases
If a defendant does not answer a lawsuit he defaults.
As a default litigant the defendant would be denied the right to argue the facts presented in the complaint.
However, the default also acts to ...
0
votes
1answer
299 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 ...
0
votes
0answers
14 views
Enumerate the steps necessary to acquire bodycam footage from the NYPD [duplicate]
The answer will be correct if there are a set of steps enumerated, that, if I follow them exactly will, in the end, allow me to acquire bodycam footage from the NYPD for a traffic ticket.
Information ...
0
votes
2answers
52 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 ...
1
vote
1answer
69 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 ...
1
vote
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
0
votes
0answers
39 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? ...
1
vote
2answers
66 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 ...
5
votes
1answer
152 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 ...
5
votes
2answers
135 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 ...
2
votes
2answers
66 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 ...
0
votes
0answers
30 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 ...
0
votes
1answer
129 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 ...
24
votes
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
votes
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 ...
6
votes
2answers
294 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 ...
3
votes
1answer
134 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 ...
-1
votes
2answers
31 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?
0
votes
1answer
71 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 ...
2
votes
2answers
147 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, ...
1
vote
2answers
323 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 ...
0
votes
2answers
57 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 ...
1
vote
2answers
83 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 ...
0
votes
0answers
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 ...
1
vote
1answer
45 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 ...
0
votes
0answers
54 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 ...
0
votes
1answer
632 views
NOTICE TO DEFENDANTS ABS-CBN Corporation, et al. v. Cinesilip.net, et al
My computer was showing some-pop that your computer is infected call on this number etc.. which is scam I know that but a few days back I was reading an article on domains and hosting and I click on ...
4
votes
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 ...
0
votes
3answers
95 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....
0
votes
2answers
112 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 ...
2
votes
1answer
41 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 ...
1
vote
2answers
60 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
vote
1answer
117 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 ...
1
vote
1answer
180 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 ...
3
votes
1answer
266 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 ...
6
votes
2answers
1k views
Is spousal immunity affected if one spouse dies?
Disclaimer: I'm a writer trying to figure something out for a story I'm working on, so forgive me if I sound totally insane.
Okay. Spousal privilege/immunity. Protects someone from having to testify ...
0
votes
1answer
287 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
votes
1answer
49 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 ...
1
vote
0answers
36 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 ...
3
votes
1answer
96 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 ...
4
votes
2answers
409 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 ...
5
votes
3answers
200 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 ...
2
votes
4answers
1k 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 ...
3
votes
0answers
123 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 ...
4
votes
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 ...
5
votes
1answer
211 views
Does the WTFPL legally disclaim warranties?
Say I make software and release it under the WTFPL. Then, someone uses it and it causes their computer to catch fire. I did not design my program to catch their computer on fire, and in fact it might ...
1
vote
1answer
821 views
What happens to a permissive counterclaim after the original claim is dismissed?
Does the counterclaim survive when the original claim is dismissed, or are both dismissed at the same time/as part of the same action?
If the counterclaim does not survive dismissal, could the party ...
2
votes
1answer
119 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 ...
