Civil Procedure

This is FindLaw’s collection of Civil Procedure articles, part of the Litigation and Disputes section of the Corporate Counsel Center. It is the body of law surrounding procedural rules detailing how the court will handle a civil case. Civil procedure is a set of rules that help determine what pleas, orders and motions are allowed, as well as how to handle depositions and discovery. The Federal Rules of Civil Procedure, adopted by the US federal court in 1938, has been used by most states. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.

Civil Litigation

Civil Procedure Articles

Delete At Your Peril: Preserving Electronic Evidence During The Litigation Process

In the post-Enron age of business, you would probably never dream of shredding documents that might be relevant to a threatened or pending lawsuit. But what safeguards does your business have in place to prevent the destruction or concealment of electronic evidence?

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The Forgotten Trial

More often than not, the punishment phase of a trial is treated like the "stepchild". It is something that takes a back seat to the "guilt/innocence" phase of the trial. However, with the attitude of today's appellate courts, specifically the ...
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The Initial Interview In A Pennsylvania Wrongful Death Case

This is the first opportunity in which the attorney is able to meet the family members who suffered a great and tragic loss. Although it is a tragedy to lose a loved one, it is the attorney's job to find out whether the victim died as a result of ...
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Improving Negotiation Skills: Rules for Master Negotiators

"A negotiation is an interactive communication process that may take place whenever we want something from someone else or another person wants something from us."1 "Take it or leave it!" "This proposal is non-negotiable." "Don't ask me to go back ...
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Domestic Relations Exception Bars Diversity Action for Child Support

In the course of Plaintiff's state court divorce proceedings, Defendant had been revealed as biological father of Plaintiff's two children. Plaintiff thereafter sued the Defendant in this diversity action under the Michigan Paternity Act, M.S.A ...
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Massachusetts Evidentiary Privileges

This book describes in detail the Massachusetts law of evidentiary privileges, as well as related disqualifications and protections. It also sketches out the federal law of evidentiary privileges, with emphasis on cases from the First Circuit Court ...
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Divorce Questions and Answers

Where can you get help with marital problems? An attorney, religious leader or social agency can refer you to a marriage counselor, psychologist or special service group for advice about solving family problems. If separation or divorce cannot be ...
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Alternative Dispute Resolution Q & A

QUESTION NO. 1 My husband and I are having a boundary line dispute with our neighbors. Our neighbor's attorney has suggested that we go to a mediator. Will the mediator make a decision in this case after listening to all parties?No, a mediator does ...
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Is Selective Waiver of Privilege Viable?

FindLaw's analysis of how the attorney-client privilege applies in the world of corporate investigations and the circuit split on the concept of selective waiver of the privilege.

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Does the Attorney-Client Privilege Protect Information Shared with Investment Bankers?

FindLaw's examination of the scope of the attorney-client privilege including a discussion of how it applies to independent contractors as well as risk-reducing measures that can be taken to protect the privilege.

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