For questions relating to the rules and procedures courts follow in civil cases.
Questions tagged [civil-procedure]
285 questions
6
votes
2 answers
Can you really ignore a summons just by avoiding it?
In the first episode of Jessica Jones, the title character is tasked with delivering a summons to a strip club owner who is accused of maintaining an unsafe workplace. (A pole dancer got a concussion after the pole broke.)
The character, who has…
Azor Ahai -him-
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5
votes
1 answer
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 defensive pleadings, so I checked the Federal Rules of…
feetwet
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3
votes
0 answers
When should one represent oneself in court?
I recognise these adages: "a pro se defense is usually a bad defense." and "A man who is his own lawyer has a fool for his client".
However, some pro se defenses have succeeded, such as the following. So when ought one to flout this adage?
1. UKSC…
user89
2
votes
1 answer
Presentations allowed during final argument?
I have not studied civil procedure in detail.
What are the rules concerning presentation of charts and data during final arguments before a jury? Is the rule simply that any such charts must be introduced into evidence before the trial, or can…
Cicero
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vote
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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) and feel qualified to ask the "technical" questions…
Leon Zurawicki
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0
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2 answers
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 a different defendant(d2) join with p1?
For…
Walker Snedaker
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Why would a split legal profession explain why 'the rules of court in many [such] jurisdictions are cast as regulations rather than as statutes'?
Source: Civil Litigation (Feb. 2010). pp. 29 Bottom - 30 Top.
In Canada, lawyers are officially both barristers and solicitors but,
as a practical matter, most will work primarily as one or the other. So-licitors, whose work rarely takes them…
user89
0
votes
1 answer
Question Regarding Depositions
Can a deposition be held without filing a lawsuit, going to trial, or absent any other court proceeding?
ganzewoort
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