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

Settlement Provides Guidance for Nonprofits on Donor Privacy

The recent settlement of the Minnesota Attorney General.s lawsuit against Minnesota Public Radio (.MPR.) provides some helpful guidance for Minnesota charitable organizations that share donor information with third parties. The Attorney General had ...
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Tedford v.Warner-Lambert: Diversity Removal More Than One Year After Filing

Class action defendants, particularly in cases of national scope, often prefer to litigate in federal forums, while plaintiffs often prefer state court. A recent decision from the United States Court of Appeals for the Fifth Circuit, Tedford v ...
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The Art of War, Litigation and Mediation

Twenty-five centuries ago, during the reign of Ho Lu, the King of Wu, an extraordinary philosopher and general named Sun Tzu wrote of tactics, terrain, and maneuvering in The Art of War. Observing the precepts of this great work, and under the ...
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Statute Of Limitations Do Not Apply To Administrative Proceedings Under The Florida Civil Rights Act

As a result of Joshua v. City of Gainesville, 768 So.2d 432 (Fla. 2000), and Woodham v. Blue Cross & Blue Shield, 829 So. 2d 891 (Fla. 2002), the Florida Supreme Court has arguably clarified the timelines applicable to lawsuits under the Florida ...
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The Supreme Court Defines the Scope of Recovery in Actions Under California’s Consumer Protection Act, Business & Professions Code Section 17200.

The California Supreme Court has issued its long awaited decisions in two cases brought under California's broad consumer protection statute, Business & Professions Code section 17200: Kraus v. Trinity Management Service, Inc. and Cortez v ...
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What’s a Fair Fee?

Despite the fact that I am a lawyer, there have been a few times when I have needed the services of another lawyer. There is some truth to the saying that "a lawyer that represents himself has a fool for a client". Whether a person is a lawyer or ...
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Sarbanes-Oxley and “Whistleblowing” by Corporate Lawyers: The Untold Story

Most of the proposed Sarbanes-Oxley Section 307 regulations deal with what is called "up the ladder" reporting of possible wrongdoing by corporate constituents. Remarkably, some critics claim that requiring such intra-corporate disclosure of ...
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Secrets to Effective Trial Preparation

The raw material used in trial, which is created during the course of investigation, discovery and trial preparation, generally falls into one of the following categories: 1. Original notes obtained from client interviews. 2. Investigation reports ...
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Sarbanes-Oxley “Hotline” Procedures: Who Should Be Doing the Listening?

Among the many obligations created by the Sarbanes-Oxley Act, there has recently been increased attention to the requirement to implement a "hotline" for confidential and anonymous complaints to the audit committee from whistleblower employees ...
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Ten Mediation Do’s And Don’ts

Now that mediation is a permanent part of the litigation landscape, trial lawyers must learn to deal effectively not only with the process of mediation, but with the mediator himself. The following is a list of ten do's and don'ts that should make ...
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