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 New World of SEC Enforcement

The Sarbanes-Oxley Act has provided the Enforcement Division of the Securities and Exchange Commission ("SEC") with significant new enforcement tools, including new causes of action, new remedies, and new regulators. As a result, the SEC is opening ...
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Representing the Media Personality

Lawyers who represent successful clients in the entertainment industry will, sooner rather than later, be called upon to draft or edit agreements regarding the services of those clients. Examples include agreements for an on-air personality to ...
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Setting Transfer Prices Wisely

For companies with operations in the United States, there are new developments in the area of US taxation that you should know about. The US federal tax collectors, the Internal Revenue Service (IRS), have focused on what they believe to be the ...
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Starting your own Practice, Starting with Yourself

The most valuable assets to any practice are the lawyers that make up that practice. It sounds basic, but can be easily overlooked and underestimated. Everything you need to be successful is in your reach, but you must reach out to get it. What ...
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Your Personal Injury Claim: Frequently Asked Questions

If you have been injured to the extent that it is necessary for you to visit a doctor, lose time from work, or if your injury has an other-wise significant impact on your life, it may well be worthwhile to consult with a lawyer if you feel another ...
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Wal-Mart Coli Suit Reinstated

The Delaware Supreme Court has reinstated an action dismissed by the trial court based on the statute of limitations brought by Wal-Mart Stores, Inc. against life insurance companies and brokers in connection with Wal-Mart's purchase of, and the ...
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Supreme Court Watch: Kumho Tire Co., Ltd. v. Carmichael : Bolstering Safeguards against Non-Scientific Experts

When the United States Supreme Court rendered its decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), many in the defense bar hailed it as a victory against "junk science." Left unanswered by Daubert, however, was the ...
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Should I Accept that Invitation to be an Audit Committee Financial Expert?

As mandated in Section 407 of the Sarbanes-Oxley Act of 2002, the SEC adopted rules and amendments requiring each Securities and Exchange Commission reporting company to disclose whether it has at least one "audit committee financial expert" serving ...
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The Expansion of the Daubert Expert Evidence Doctrine Continues: Decisions in Federal and Louisiana Courts

Few areas of law depend to a greater degree on expert testimony and evidence than litigation involving environmental law and toxic torts. Verdicts in such cases often turn on the credibility that the judge or jury affords a particular expert witness ...
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Smart Ways To Resolve Complex Litigation

There are smart, and there are dumb, ways to resolve complex litigation. The dumb way is to litigate it for many years, at huge expense to all parties, and then resolve it on the eve of trial or during trial. Studies show 98% of all litigation is ...
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