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

The Roles Of Lawyers And Rehibilitaion Professionals In Litigated Claims

Articles originally published in Re-Learning Times, Vol. 6, No. 1, May 1999, Learning Services Corporation, Durham N.C. In my practice as a personal injury trial lawyer who represents those who have suffered ABI and other serious injuries, I have ...
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The Ninth Circuit to Look at Internet Jurisdiction: Does Business Conducted in Cyberspace Satisfy the Requirements of Continuous and Systematic Contact?

On April 29, 2004, upon the vote of a majority, the Ninth Circuit Court of Appeals ordered a reconsideration of the ruling in Gator.com Corp. v. L.L. Bean, Inc., 341 F.3d 1072 (9th Cir. 2003), vacated by, rehearing en banc granted by, 2004 U.S. App ...
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The Future of Property Contamination Class Actions

While the contours of class action jurisprudence relating to personal injury product liability actions are well known, the record is somewhat less so for property contamination cases. A recent decision from the Southern District of Florida Â– Jacobs ...
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The Evolution of Canadian Class Action Litigation

Class action litigation in Canada continues to be marked by rapid and ongoing evolution. Significant developments in the Canadian class action world occur almost on a daily basis. There have been developments in many areas. This article focuses on ...
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The Contract You Thought You Made: Forfeitures and Penalties

Read The Contract You Thought You Made: The Express Negligence Doctrine (Part 1) The petroleum industry has had its share of companies fall into cash flow problems or, worse, go bankrupt, especially in the 1980s after the oil price crash of ...
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The ABC’s of Divorce

When a client enters a divorce lawyer's office for the first time, the client's natural tendency is to ask about what he or she to know. The client should, instead, first learn what the client to know. Remember: divorce is usually backwards. For ...
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Tailoring A Firm For Value-Added Marketing

This article describes several practical approaches that have been employed by financially successful, marketing oriented law firms to law firms that have added value to their clients, hence, making these firms to be valued and continuing resources ...
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Supreme Court Nominees and the Fourth Circuit Curse

It has been over eight years since a Supreme Court justice has retired, and with the 2002 Republican electoral gains there is speculation that Chief Justice Rehnquist or one of his colleagues will step down from the high court. The majority of ...
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Supreme Court Makes Citizen Suits Easier

Reversing a Court of Appeals decision that had been hailed by industry as a welcome corrective to the proliferation of citizen suits, the United States Supreme Court found that such suits could be pursued even when no environmental harm resulted ...
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Shareholder Action Challenging Executive Compensation Dismissed Based Upon Special Litigation

The Supreme Court of State of New York, County of New York, in Kahn v. Buttner, No. 600456/97 (N.Y. Sup. Ct. N.Y. Co. Sept. 28, 1999), in a decision written by Justice Charles Edward Ramos, dismissed a shareholder derivative action contending that ...
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