Civil Procedure

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Addition to Reporter's Notes, 1998 Amendment: - Subdivision (c) requires that the court be furnished with a transcript of any deposition testimony presented at trial in nonstenographic form. The Clerk of the Supreme Court shall notify the parties of the date, time, and place at which oral argument will be heard at least 20 days prior to the date fixed for the oral argument. One of the lienors suggested to the court that prior to the arrest of the vessel the master had removed the sails, and asked that he be ordered to produce them.

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Civil Procedure

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The court's mandate must issue 7 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition for panel rehearing, rehearing en banc, or motion for stay of mandate, whichever is later. The effect of this change is to require that the judge making the certificate be the judge of a court which has jurisdiction. 3. The court may permit a summons to be amended. S. 1-569.22 or for vacating an award under G. When such method of substituted service is authorized, the return of the officer executing the citation shall state particularly the manner in which service is accomplished, and shall attach any return receipt, returned mail, or other evidence showing the result of such service.

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Civil Procedure

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For purposes of this paragraph, the United States Postal Service notation that a properly addressed registered or certified letter is unclaimed,or other similar notation, is sufficient evidence of the defendant's refusal to accept delivery. Hillner; Letter of Feb. 3, 1976, to Rose M. Pleading to Be Concise and Direct; Alternative Statements; Inconsistency. (1) In General. An action for retrial of the case may be brought: 1.��Where the opponent, by swearing an oath regarding his testimony, on which latter the judgment had been based, has intentionally or negligently committed perjury; 2.��Where a record or document on which the judgment was based had been prepared based on misrepresentations of fact or had been falsified; 3.��Where, in a testimony or report on which the judgment was based, the witness or experts violated their obligation to tell the truth, such violation being liable to prosecution; 4.��Where the judgment was obtained by the representative of the party or its opponent or the opponent’s representative by a criminal offence committed in connection with the legal dispute; 5.��Where a judge contributed to the judgment who, in connection with the legal dispute, violated his official duties vis-�-vis the party, such violation being liable to prosecution; 6.��Where judgment by a court of general jurisdiction, by a former special court, or by an administrative court, on which the judgment had been based, is reversed by another judgment that has entered into force; a)��Finds, or is put in the position to avail itself of, a judgment that was handed down in the same matter and that has become final and binding earlier, or where it b)��Finds, or is put in the position to avail itself of, another record or document that would have resulted in a decision more favourable to that party’s interests; 8.��Where the European Court of Human Rights has established that the European Convention for the Protection of Human Rights and Fundamental Freedoms or its protocols have been violated, and where the judgment is based on this violation. (1) In the cases set out in the above section in numbers�1 to�5, an action for retrial of the case may be brought only if a final and binding conviction has been issued as a result of the criminal offence, or if it is not possible to initiate or implement criminal proceedings for other reasons than the lack of evidence. (2) Evidence of the facts justifying the action for retrial of the case cannot be provided by examination of a party.

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Civil Procedure

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Former Rule 26(a)(5) served as an index of the discovery methods provided by later rules. La application practica de la Ley de enjuiciamento civil de 2000: libro de estudio. Emphasis on the European Union countries. An optimum time of 10 days to two weeks has been suggested by one federal judge. The United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney. (3) United States Officers or Employees Sued in an Individual Capacity.

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Civil Procedure

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Arrest of the person and imprisonment for debt are not included because these remedies are not peculiarly maritime. When a receiver has been appointed, and it afterwards appears that the debts of the corporation have been paid, or provided for, and that there remains, or can be obtained by further contributions, sufficient capital to enable it to resume its business, the court may, in its discretion, a proper case being shown, discharge the receiver, and decree that the property, rights, and franchises of the corporation revert to it, and thereafter the corporation may resume control of the same, as fully as if the receiver had never been appointed. (1901, c. 2, s. 76; Rev., s. 1220; C.

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Civil Procedure

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A facsimile filing may not be split into multiple facsimile transmissions to avoid this page limitation. The defendant has to file the notice within 30 days of the filing of the lawsuit. However, by a familiar confusion, the expression seems to have suggested to some that the absence from the lawsuit of a person who was "indispensable" or "who ought to be [a] part[y]" itself deprived the court of the power to adjudicate as between the parties already joined. These are the six main tools of discovery.

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Civil Procedure

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Further references to “FED.. 9, 2014) (Statement by Elise Sanguinetti). Increasing the availability of judicial officers to resolve discovery disputes and increasing court management of discovery were both strongly endorsed by the attorneys surveyed by the Federal Judicial Center. The court may impose sanctions if it finds that a pleading is not submitted in good faith, or if it contains material misstatements of fact or law, or if it is not based upon an adequate investigation or research.

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Civil Procedure

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S. 1-567.43(b) shall be implied in consequence of such action. (1991, c. 292.) � 1-567.45.� Appointment of substitute arbitrator. (a)������� Where the mandate of an arbitrator terminates for any reason, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. (b)������� Unless otherwise agreed by the parties: (1)������� Where the number of arbitrators is less than three and an arbitrator is replaced, any hearings previously held shall be repeated; (2)������� Where the presiding arbitrator is replaced, any hearings previously held shall be repeated; (3)������� Where the number of arbitrators is three or more and an arbitrator other than the presiding arbitrator is replaced, any hearings previously held may be repeated at the discretion of the arbitral tribunal. (c)������� Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section is not invalid because there has been a change in the composition of the tribunal. (1991, c. 292.) � 1-567.46.� Competence of arbitral tribunal to rule on its jurisdiction. (a)������� The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement.� For that purpose, an arbitration clause which forms a part of a contract shall be treated as an agreement independent of the other terms of the contract.� A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause, unless the arbitral tribunal finds that the arbitration clause was obtained by fraud, whether in the inducement or in the factum. (b)������� A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defense.� However, a party is not precluded from raising such a plea by the fact that the party has appointed, or participated in the appointment of, an arbitrator.� A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.� In either case, the arbitral tribunal may admit a later plea if it considers the delay justified. (c)������� The arbitral tribunal may rule on a plea referred to in subsection (b) of this section either as a preliminary question or in an award on the merits.� If the arbitral tribunal rules as a preliminary question that it has jurisdiction, after having received notice of that ruling, any party may request the superior court to decide the matter.� The decision of the superior court shall be final and not subject to appeal.� While such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award. (1991, c. 292.) � 1-567.47.� Power of arbitral tribunal to order interim measures.

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Civil Procedure

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F. for all sums1 that may be adjudged against defendant C. In that context the question has been considered best left to case-by-case development. To assist these practitioners by giving them some uniformity, and in hopes that states would adopt these new rules, the Federal Rules were enacted. The second sentence of paragraph (a)(2) does impose a requirement that the moving party articulate the basis on which a judgment as a matter of law might be rendered.

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Civil Procedure

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When we heard his opening statement, we R.ized that he not only "got" our case - but he cared about us as people. Rule 26(d) is now familiar, obviating any need to carry forward the redundant cross-reference. The Court held that state law (which required both filing and service within the statutory period) governed, barring plaintiff's action. All sales of real property made prior to April 10, 1931 by such receiver or trustee of and pursuant to the orders of the courts of competent jurisdiction in such cases, are hereby validated. (1931, c.� 265; 1955, c. 1371, s. 2.) � 1-507.5.� May send for persons and papers; penalty for refusing to answer.

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