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 Complex Insurance Coverage Action’s Case Management Process: From Complaint Until Trial : The Policyholder’s Perspective

Policyholders and their counsel often are under the impression that efficient litigation management is a one-sided affair. While the objective for them, as with virtually all plaintiffs, is to obtain recovery as soon as the administration of ...
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Statute of Limitations in Head-Injury Suits

The Statute of Limitations defines the time limit during which a head-injured person can file a lawsuit. The Statute has two main purposes: to make sure that any potential defendants are not forever at risk for a lawsuit and to encourage that ...
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Summary Judgment In A Commercial Collection Lawsuit: Part III

The defendant also served a memorandum of law in opposition to plaintiff's motion for summary judgment and in support of its cross-motion for summary judgment setting forth two points: Plaintiff's motion for summary judgment should be denied ...
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Summary Judgment In A Commercial Collection Lawsuit: Part I

Under the Uniform Commercial Code, "the obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract." U.C.C. § 2-301. 11 The buyer's obligation to make payment is considered so ...
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OIG Publishes Draft Compliance Guidance for Individual and Small Group Physician Practices

On June 7, 2000, the HHS Office of Inspector General ("OIG") published a draft compliance program guidance for individual and small group physician practices. The draft guidance appeared in the Federal Register in Volume 65 at page 36,818 and on ...
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Rules for Witnesses

Regardless of the role any witness plays in a case, all witnesses must learn the basic rules of giving testimony. These rules must be understood by, accepted by, and implemented by each witness. David Danda David E. Danda & Associates, LLC P. O. Box ...
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Revisiting the Turncoat Employee

Reprinted from Vol. 40, No. 6, June 1998 issue of DEFENSE ., The Magazine for Defense, Insurance and Corporate Counsel by The Defense Research Institute, Inc. INTRODUCTION The turncoat employee has always presented a particularly troublesome and ...
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Must Surveillance Videos Be Disclosed Prior to Trial if Only Used For Impeachment Purposes?

There has been a longstanding dispute between defense and plaintiffs’ counsel regarding the admissibility at trial of video surveillance taken of a purportedly injured plaintiff but never disclosed or produced during discovery. Defense counsel claim ...
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Whether to Sue or Defend in a State or Federal Court

When you are sued, or planning to bring a lawsuit of your own, you may have a choice between having the case decided in a state or federal court. If you have a choice, you and your lawyer will need to consider a variety of factors in deciding which ...
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Preparing for Fraud Enforcement

As some of you may recall, we have addressed the topic of "Preparing for Fraud Enforcement" in past issues of our newsletter. As you are also aware, state and federal government agencies have made clear their intention to vigorously enforce the ...
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