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
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Criminal: Challenge to Unconstitutionality of Grand Jury Waived
After Petitioner had pled guilty to cocaine possession, he moved to vacate his sentence under 28 U.S.C.§2255, claiming that the method employed to select the grand jury that had indicted him was unconstitutional. Petitioner's challenge was based on ...
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Criminal: Habeas Corpus Relief Granted To Petitioner Where Release On Bond Cancelled By Michigan Court Of Appeals’ Without Reason(s) Or Due Process.
Petitioner, incarcerated in the county jail, filed for a writ of habeas corpus under 28 USC. § 2241(c)(3) challenging his confinement pending the prosecution's appeal of the Circuit Court's opinion granting petitioner a new trial. On May 19, 1982 ...
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Crossing Over: Lawyers as Corporate Executives
"In the twenty-first century, change is discontinuous, abrupt, seditious. In a single generation, the cost of decoding a human gene has dropped from millions of dollars to around a hundred bucks. The cost of storing a megabyte of data has dropped ...
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De-Rail The “Runaway Jury” By Promoting Jury Service Within Corporate America: Employers Should Support Jury Service Here Is How
I. INTRODUCTION "Runaway Jury" – to ordinary citizens this is just the title of a popular John Grisham novel and new motion picture. But, to any in-house counsel or civil defense lawyer, the phrase is likely to create anxiety. Will a lightning ...
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Defeating Class Certification: Showing How You Will Present Your Defense At Trial Is Crucial
The right to present a full defense is crucial in every case, but it takes on special significance in the class action context. The courts have explicitly acknowledged what corporate defendants have long recognized; the decision to certify a class ...
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Del. Court Rules on Privilege Issues Posed By Lawyer’s Multiple Roles in Corporation
The Delaware Chancery Court recently provided guidance on analyzing claims of attorney-client privilege in the context of a shareholder derivative suit where the corporation's general counsel assumed multiple, and at times potentially conflicting ...
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Delaware Law Update: Delaware Bans Court Reporter Deals
Two primary reasons for deposing a party or witness are to learn more about the case and lock in someone’s testimony for use at trial. Clients and counsel carefully plan and prepare for the substance of the deposition, but for years, little thought ...
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Delaware Premises Liability Law
Use of a liability expert witness was an issue in a case we recently defended successfully before a jury in Delaware. Shotwell v. Council of the Devon, C.A. No. 98C-11-117-FSS. The City of Wilmington Code makes landowners responsible for the ...
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Deposition Instructions
When attending a deposition, the following information will be helpful in allowing you to focus on the issues and to have the deposition performed as efficiently as possible: Always remember to be honest, humble, and truthful. If you remember those ...
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Discovery And Trial In A Family Law Case Under The New Discovery Rules Introduction
It is a pleasure to write this paper and speak to you on the subject of discovery and trial in Family Law cases under the new Rules of Discovery, which I will call the new Civil Rules. It occurred to me that there will be a number of other well ...
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