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 Procedure
Civil Procedure Articles
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Ethical Dilemmas of Representing a Suspected and/or Confirmed Liar
K. Rectifiable FraudBack When faced with a first-party claim that is suspected of being fraudulent, an insurer will typically undertake an investigation by demanding from the insured certain documents, records, and any material in support of the ...
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US Supreme Court Rules On Expert Reports
In 1999 the U.S. Supreme Court in decided Kumho Tire Co., Ltd. et al. V. Carmichael,119 S.Ct. 1167 (1999) set the standards for the admission into evidence of a expert witness, causing federal district courts to more carefully scrutinize expert ...
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When a Civil Action Becomes Criminal: Practical Considerations in Concurrent Proceedings
One of the more challenging circumstances of civil practice is the development of a parallel criminal proceeding connected in some fashion to an ongoing civil matter. The complexity of the civil matter, and the strategic choices necessary for its ...
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California Labor Code AB 1268
Effective January 1, 2000, an additional chapter will be added to the California Labor Code that will not only make it more difficult to hold labor unions accountable for unlawful picket line activities, but may also hamstring efforts to prevent ...
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Three New Questions To Ask Before Outsourcing
The growing interest in outsourcing has reached the corporate law department. Actually, law departments have pioneered outsourcing in many companies, having for years routinely referred important corporate legal matters to outside service providers ...
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Trial Practice in Illinois: Why Does a Lawsuit Take So Long?
You were seriously injued due to someone's negligence. You picture yourself walking into court with your lawyer demanding justice. You imagine the trial and you picture a jury siding with you. You can even imagine the satisfaction you will feel ...
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U.S. Negotiation of Foreign Patent Licenses May Mean a Foreign Corporation Places Itself Within U.S. Court Jurisdiction
A recent decision by a U.S. district court seems to ignore the realities of international contract negotiations and imposed unwanted jurisdiction over a foreign corporation. The case involved a negotiation for a license under foreign, non-U.S ...
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What Every Business Owner Needs To Know About Electronic Discovery
Printed as "Every business owner needs to know about electronic discovery,"Houston Business Journal, May 6-12, 2005 "Electronic discovery" does not refer to a simple, cheap means of responding to requests for information and documents in litigation ...
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Supreme Court Rules on Testimony by Experts
The U. S. Supreme Court recently issued a unanimous ruling in a case which defendants in product liability cases are calling a victory. The decision in Kumho Tire Co. LTD v. Carmichael, 1999 Daily Journal, D.A.R. 2645, gives trial judges ...
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The Quiet Art of Outsourcing
As the great Zero Mostel (playing Max Bialystock) shouted out in the 1968 film classic The Producers, "if you've got it, flaunt it." The problem in Canada, however, is that top legal talent in outsourcing generally suffer from-and there is really no ...