Questions tagged [civil-procedure]

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

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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 ...
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6 votes
2 answers
2k 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 ...
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6 votes
2 answers
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Why in divorces is it so much more common for alimony to be awarded to the woman than the man?

In my understanding the reasons why one has to pay alimony to the other are something like during the marriage one had a job and the other one stayed at home to care for children and housekeeping and ...
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5 votes
4 answers
352 views

If a judge constructs arguments for the prosecution in judgment is that grounds for appeal?

I recently read a judgment in which the judge constructed arguments that normally one would have expected the prosecution to make. In fact, the defense in the case argued that the prosecutor failed to ...
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4 votes
3 answers
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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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3 votes
1 answer
412 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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5 votes
3 answers
230 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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5 votes
1 answer
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In civil litigation: is a defense barred if not asserted in time?

I read that in civil litigation a defendant cannot use a defense that is not timely made in pleadings. This seemed like a rather strong sanction for a failure or mistake in writing and filing ...
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3 votes
1 answer
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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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2 votes
2 answers
470 views

Can results from a criminal conviction be transplanted into a corresponding civil case?

There is some overlap between crimes and torts, for example deliberately smacking a person in the head is the crime of battery and the tort of battery. If a person deliberately smacks another in the ...
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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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1 vote
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Can people sue other people in foreign countries and force them to respond?

In the movie Denial (and obviously in real life too) David Irving sues Deborah Lipstadt in the British courts not the American courts. How does that work? Can people sue other people in foreign ...
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1 vote
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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 ...
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1 vote
1 answer
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How does someone file an order with the Provincial Court to have it enforced?

Once a person has won a case in the Civil Resolution Tribunal, how is the judgement filed for enforcement?. Assume that the person has a validated copy of the order. I know one needs to go to the ...
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