Questions tagged [civil-procedure]

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

16 questions with no upvoted or accepted answers
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Usage-Based Insurance Devices (Like Progressive's Snapshot) - Evidence of Liability and Public Policy

In the United States, the biggest auto insurance carriers such as Progressive, Allstate and State Farm, have all begun offering optional potential policy discounts if the covered driver agrees to ...
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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 ...
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42 views

Can more recent evidence be considered in an appeal?

I requested an impartial special education hearing to establish eligibility under IDEA for my son. I lost at hearing but won on review. (I am in a "two tier" state, New York.) The evidence ...
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0answers
192 views

Can I sue a company in US even if I'm in Brazil?

I currently live in Brazil and bought a Lifetime VPN service from a company called Spyproof VPN in 13 Oct 2015 which supposedly does not keep logs. After investigating some more, I found out that the ...
2
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0answers
438 views

Defective motion on its face - does judge deny, dismiss, or strike it (without hearing the motion)?

I received a motion that fails to state facts or elements as required. I always thought that motions get denied, not dismissed. The motion fails raise all issues as required, e.g., in child custody ...
1
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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) ...
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0answers
39 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 ...
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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
1
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1answer
70 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 ...
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0answers
58 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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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 ...
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0answers
325 views

Civil actions versus Bankruptcy tolling?

This is pretty heady question I am told -taking an artful experienced procedural expert etc. to address. Relevant to this question is the bankruptcy (automatic stay) tolling of time when a ...
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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 ...
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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? ...
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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 ...
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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 ...