Civil procedure, cases and materials (American casebook

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Thereupon the court shall cause due appraisement to be made of the value of the plaintiff's interest in the vessel and pending freight; and if the court finds that the deposit or security is either insufficient or excessive it shall order its increase or reduction. D., defendant and third-party plaintiff, and whose address is __________, an answer to the third-party complaint which is herewith served upon you within 20 days after the service of this summons upon you exclusive of the day of service.

The Challenge of Legal Pluralism: Local Dispute Settlement

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This provision shall not relieve the clerk of any notice requirements imposed by law or by the court. (1) A facsimile transmission received by the clerk after 4:30 p.m. but before midnight, clerks local time, on a day the clerks office is open for filing shall be deemed filed as of that business day. This restriction does not limit the court's power to impose sanctions or remedial orders that may have collateral financial consequences upon a party, such as dismissal of a claim, preclusion of a defense, or preparation of amended pleadings.

Judicious Choices: The New Politics of Supreme Court

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For good cause shown, the court may set aside an order of default. The remaining Arbitrator candidate with the highest composite ranking shall be appointed the Arbitrator. Such notice may be made and recorded by the claimant or by any other person acting on behalf of any claimant who is either under a disability, unable to assert a claim on his own behalf, or one of a class but whose identity cannot be established or is uncertain at the time of filing such notice of claim for record. (c)������� This section shall be construed to effect the legislative purpose of facilitating land title transactions by extinquishing certain ancient oil, gas or mineral claims unless preserved by recording as herein provided.

The Process Server's Handbook: The practical guide to

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Apparently, some clerks refused to accept papers filed in this manner even though they had the necessary equipment. A motion seeking an order authorizing such redelivery or possession must state the moving party's claim of the value of the attached property and must be served upon plaintiff as provided in Rule 9 at least five days prior to any hearing on such motion, unless the court orders otherwise. If the judge finds prejudicial error in the admission or exclusion of evidence, the judge, in the judge's discretion, shall either remand the matter to the clerk for a subsequent hearing or resolve the matter on the basis of the record.

Before You Sue: How to Get Justice Without Going to Court

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C. §1446(a) that changed the procedure for removal from a petition for removal to a notice of removal. The second clause of the sentence merely incorporates the well-known and general rule that, absent statutory authorization, a federal receiver cannot be sued without leave of the court which appointed him, applied in the federal courts since Barton v. The trial of all issues so demanded shall be by jury, unless (1) the parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury or (2) the court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the State. ����� (b) By the Court.

Limits of Law Enforcement

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Should the object governed by the security right have a lower value, this shall govern. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, commercial delivery company, or electronic transmission, including e-mail pursuant to Rule 5(b)(2), three (3) days shall be added to the prescribed period.

Legal Aspects of Buying, Owning and Selling a Home

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Documents containing signatures of third parties (i.e., unopposed motions, affidavits, stipulations, etc.) may also be filed electronically by indicating that the original signatures are maintained by the filing Party in paper format. (c) Delivery of e-service documents through JAMS Electronic Filing System to other registered users shall be considered as valid and effective service and shall have the same legal effect as an original paper document. With this in mind, Rule 26(g), which parallels the amendments to Rule 11, requires an attorney or unrepresented party to sign each discovery request, response, or objection.

Psychiatry in Law / Law in Psychiatry, Second Edition

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Russia and the Republics Legal Materials. Legal Secretary-Civil Litigation/Insurance Defense - Pyka Lenhardt Schnaider . A.2d, 1942) 124 F.(2d) 448; Hartford Accident & Indemnity Co. v. Settlement Under the Civil Procedure Rules. There shall be one arbitrator unless the parties agree on a greater number of arbitrators. (1991, c. 292.) � 1-567.41.� Appointment of arbitrators. (a)������� A person of any nationality may be an arbitrator. (b)������� The parties may agree on a procedure of appointing the arbitral tribunal subject to the provisions of subsections (d) and (e) of this section. (c)������� (1)������� If an agreement is not made under subsection (b) of this section, in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within 30 days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within 30 days of their appointment, the appointment shall be made, upon request of a party, by the superior court. (2)������� In an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, a sole arbitrator shall be appointed, upon request of a party, by the superior court. (3)������� In an arbitration involving more than two parties, if no agreement is reached under subsection (b) of this section, the superior court, on request of a party, shall appoint one or more arbitrators, as provided in G.

Twilight of the Supreme Court: A History of Our

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Clausen regarding relationship between counterclaim and set-off statutes 81. Any admission of guilt made before the court of first instance shall remain effective also before the appellate instance on fact and law. (1) The court of appeal may only order a party to be examined or to be sworn in, which has declined to be examined in the proceedings before the court of first instance or which has refused to make a statement or to be sworn in, if the court is satisfied that the party had sufficient reason to so decline to be examined or refuse to be sworn in and that these grounds have in the meantime ceased to exist. (2) If a party was examined in the proceedings before the court of first instance and was sworn in as regards the statements made, the court of appeal may order the opponent to be examined under oath only if the examination or placement under oath in the proceedings before the court of first instance was inadmissible. (1) A judgment handed down by the court of first instance that is not, or not unconditionally, declared provisionally enforceable is to be declared provisionally enforceable by the court of appeal by delivering a corresponding court order upon accordingly having been petitioned to do so, unless the petitions in the appeal proceedings have contested the judgment.

Psychiatry and Law

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If the court orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party's attorney or other representative concerning the litigation. (C) Previous Statement. A provision is added authorizing service on the person having custody or possession of the property at the time of its seizure. Aug. 31, 2013. 737.10 Post-Judgment Motions: Time and Manner; Disposition; Number -- Repealed by order of April 15, 2013, eff.