Civil Procedure

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Also, a motion to amend the findings under Rule 52(b) has the same effect on the time for appeal. Should the opponent not grant his consent, the period may be extended by up to two (2) months provided that the presiding judge is satisfied, at his discretion and conviction, that this extension will not delay the legal dispute, or if the appellant demonstrates substantial grounds; if, within this period, it is not possible to grant the appellant the opportunity to inspect the court records of the dispute for a reasonable period of time, the presiding judge may extend the period, upon corresponding application being made, by up to two (2) months following the court records of the dispute having been sent. (3) The reasoning for the appeal on points of law must include: 2.��The grounds for the appeal on points of law, these being: a)��The specific designation of the circumstances from which the violation of the law is apparent; b)��Insofar as the appeal on points of law is based on the allegation that the law has been violated with regard to the proceedings: the designation of the facts that reflect this irregularity.

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Civil Procedure

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Within 5 days after being served with a copy, any party may serve and file written objections to the recommendations. The date of sending should be determined by analogy for means not listed. The owner (a) shall deposit with the court, for the benefit of claimants, a sum equal to the amount or value of the owner's interest in the vessel and pending freight, or approved security therefor, and in addition such sums, or approved security therefor, as the court may from time to time fix as necessary to carry out the provisions of the statutes as amended; or (b) at the owner's option shall transfer to a trustee to be appointed by the court, for the benefit of claimants, the owner's interest in the vessel and pending freight, together with such sums, or approved security therefor, as the court may from time to time fix as necessary to carry out the provisions of the statutes as amended.

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Civil Procedure

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When matters of accounting are in issue, the referee may prescribe the form in which the accounts shall be submitted and in any proper case may require or receive in evidence a statement by a certified public accountant who is called as a witness. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment.

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Civil Procedure

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A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation directed by the court, or to present a motion under paragraph (4). (2) The court may by order limit the time permitted for the conduct of a deposition, but must allow additional time if needed for a fair examination of the deponent or if the deponent or another person impedes or delays the examination. (3) If the court finds that any impediment, delay, or other conduct has frustrated the fair examination of the deponent, it may impose upon the persons responsible an appropriate sanction, including the reasonable costs and attorneys' fees incurred by any parties as a result thereof. (4) At any time during a deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in Rule 26(c).

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Civil Procedure

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Greyhound Corp., 235 F.2d 233 (5th Cir. 1956); Steiner v. 20th Century-Fox Film Corp., supra; 6 Moore's Federal Practice 54.34[2] (2d ed. 1953); 3 Barron & Holtzoff, Federal Practice & Procedure §1193.2 (Wright ed. 1958); Developments in the Law—Multiparty Litigation, 71 Harv. S. 1-598 apply in any county wherein none of the newspapers published in such county has the qualifications and characteristics prescribed in G.

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Civil Procedure

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A motion making any of these defenses shall be made before pleading if a further pleading is permitted. Proceedings involving common questions of law or fact 6.20. In the alternative, process issuing from any of these courts may be delivered by the clerk to any person not less than eighteen years of age, who is not a party and who has been designated by order of the court to make service of process. See generally 9 WRIGHT & MILLER, FEDERAL PRACTICE AND PROCEDURE §2537 (1971 and Supp.).

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Civil Procedure

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This rule does, however, contain several changes from federal and Arkansas law. They come from different parts of the Constitution. Where there are multiple plaintiffs or multiple defendants, or both, the summons may contain, in lieu of the names and addresses of all parties, the name of the first party on each side and the name and address of the party to be served. C. §2361 (Interpleader; process and procedure); 28 U.

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Civil Procedure

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Every judgment and amended judgment must be set out in a separate document, but a separate document is not required for an order disposing of a motion: (3) for attorney's fees under Rule 54; (4) for a new trial, or to alter or amend the judgment, under Rule 59; or (5) for relief under Rule 60. (1) Without the Court's Direction. More than one attorney may be appointed in any case determined by the Court to be extremely difficult. Section (a) of Rule 10 is identical to FRCP 10(a) and generally follows prior Arkansas law.

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Civil Procedure

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As one example, it is not required that any of the enumerated motions be timely. The authority to direct notice to class members in a (b)(1) or (b)(2) class action should be exercised with care. That there is another action pending between the same parties for the same claim. There was an excellent book on that by on TransCanadas application until. Rules 26(b)(3)(A) and (B) protect communications between the party's attorney and any witness required to provide a report under Rule 26(a)(2)(B), regardless of the form of the communications, except to the extent that the communications: (i) relate to compensation for the expert's study or testimony; (ii) identify facts or data that the party's attorney provided and that the expert considered in forming the opinions to be expressed; or (iii) identify assumptions that the party's attorney provided and that the expert relied on in forming the opinions to be expressed. (D) Expert Employed Only for Trial Preparation.

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Civil Procedure

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Because a trial court's order holding that service was proper was "tantamount to formal amendment of the return of citation, the record was sufficient to show valid service." Section (b) also marks a significant variation from FRCP 41(b). Capacity to sue and be sued; legal representation; pursuit of court proceedings (1) Unless stipulated otherwise by the subsections hereinbelow, the ability of a party to appear before a court, the representation of parties having no capacity to sue or be sued by other persons (legal representatives), and the need for a special authorisation for the pursuit of court proceedings are determined pursuant to the stipulations of civil law. (2) Any fault of a legal representative shall be equivalent to the fault of the party. (3) If a party having no capacity to sue or be sued, who is an individual of full legal age, has validly authorised another individual, in writing, to represent him before the court, the person so authorised shall be equivalent to a legal representative wherever the authorisation is suited to cancel the need for custodianship in accordance with section�1896�(2), second sentence, of the Civil Code (B�rgerliches Gesetzbuch, BGB). (1) A person shall have the capacity to sue and be sued insofar as he can be obligated by agreements.

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