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

Civil Procedure: Venue Established by Computer Web Site

Plaintiff sued Defendants for violation of the Lanham Act, contending that they were "passing off" Plaintiff's products as their own. Defendants challenged venue, contending that the only possible statutory venue provision that might be applicable ...
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Class Action Fairness Act of 2005: New Bill Allows Some New Class Action Cases to Be Removed from State to Federal Court

On Friday, February 18, 2005, President Bush signed the Class Action Fairness Act of 2005 ("the Act") into law. Amazingly, the Act, which its supporters say will curb the ability of plaintiffs' attorneys to abuse the class action procedure, was ...
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Class Action Information

The class action is a forceful and effective way to combine the resources of many people who have been wronged in one action. The wrongdoer, often times a large corporation with unlimited means, is faced with defending one significant claim rather ...
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Class Action Law in the State Courts of Nebraska is Undeveloped

In prosecuting or defending a class action in Nebraska state court or when making the determination as to whether or not to remove a class action from Nebraska state court to the federal court, one must take into consideration the vagaries of ...
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Class Action Wars: Where The Big Fish Feed

Lost in the media spotlight on demands by plaintiffs' lawyers seeking $52 million in fees in the $1.2 billion Hepatitis-C class action settlement is an unrelated and seemingly harmless decision involving an extra-judicial settlement offer made by ...
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Class Actions and Collateral Estoppel

On June 20, 2003, the Seventh Circuit issued the most comprehensive opinion to date enjoining named and unnamed class members, and their counsel, from pursuing class certification in any other court based on a prior class certification denial. In re ...
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Class Actions Protect Investors and Consumers from Abuse: An Overview of the Requirements for Prosecuting and Certifying a Class Action

A class action is a powerful procedural tool to hold corporate wrongdoers accountable where there is widespread abuse of a large number of individuals who have suffered damages that individually are insufficient to support the cost of prosecuting ...
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Co-Benefiting from Technology

The sustained force of the New Economy is bringing about tremendous changes in the way business is conducted, and those changes are rippling across the legal profession. On the positive side, major Canadian law firms, like their counterparts in the ...
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Collecting the Money Judgment

So you filed a lawsuit, either with an attorney or by yourself in Small Claims Court, and you got a judge to agree with you and award you a judgment against the person and/or entity who owed you money, "the judgment debtor". What do you do now! The ...
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Common Issues Facing Corporate Compliance Officers

p> (i) Have any areas within the organization been found to have been out of compliance in the past? (ii) Have any areas had a great deal of turnover, particularly at the senior manager level? (iii) Are high risk areas frequently understaffed ...
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