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

Spoliation of Evidence in Pennsylvania Courts

The loss or destruction of evidence, termed "spoliation of evidence" can significantly affect the outcome of litigation. This is especially true in a product liability case since the product itself is often the best evidence of what occurred during ...
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The Pennsylvania Supreme Court has Clarified and Established the Elements Necessary to Dismiss a Civil Case for Lack of Prosecution

In 1992, the Pennsylvania Supreme Court decided Penn Piping, Inc. v. Insurance Company of North America, 529 Pa. 350, 603 A2d 1006 (1992). The holding in Penn Piping which upheld a dismissal of plaintiff's case due to prejudice to the Defendant for ...
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The Top Five Mistakes Expert Witnesses Make

This paper was originally prepared at the request of a client, a professional accounting firm, for presentation to the partners in the firm as part of their in-house training. The partners of the firm frequently are retained to serve as expert ...
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What Is Mediation And How Does It Work?

Mediation is a procedure in which the parties discuss their disputes with the assistance of a trained impartial third person(s) who assists them in reaching a settlement. It may be an informal meeting among the parties or a scheduled settlement ...
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My Kingdom for an Expert!

Reprinted from ACC Docket - FindLaw LINKS, February 2005 In a perfect world, the facts of a case, when well presented by the trial lawyer, should determine the outcome of the trial. We are not living in a perfect world. Today, more than at any other ...
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The Alcoholic Client

`Counsel has an obligation to the client to point the direction to help.' a lawyer can lose a client, probably none is more effective than for the lawyer to say, "You are an alcoholic." Or, "You have a problem with liquor." Or, "You got arrested ...
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Professionalism and Ethics: Overview of Standards Applicable to Delaware Lawyers

One definition of ethics is: "the principles of right and wrong that are accepted by an individual or a social group." 1 This leaves the question: where do those principles of right and wrong come from? Some subscribe to the naturalist theory ...
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Summary Judgment In A Commercial Collection Lawsuit: Part II

(c) the defendant will oppose the motion for summary judgment. An example of a contested motion for summary judgment in a commercial action is Auriga Plasticos, S.A. De C.V. (AURIGA) v. Allison Video, Ltd. (ALLISON VIDEO) in which the ...
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Recent Developments In Pharmaceutical and Medical Device Litigation: Are Class Actions Still Viable?

Attempts to certify classes in pharmaceutical and medical device cases tend to fail more often than they succeed, 1 particularly in the wake of the Supreme Court's Amchem and Ortiz decisions. 2 Complex issues of personal injury causation, for ...
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Trade Secrets Experts: Two Circuits, Two Outcomes

Editor's Note: This article was originally published in BullsEye, a newsletter distributed by IMS Expert Services. Two recent rulings from federal circuit courts reviewing expert testimony in trade secrets cases reached very different results, with ...
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