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

Florida Litigation and Appeals: Appealing the Trial Court’s Decision

From My Cousin Vinny to Law and Order, television and motion pictures have given Americans a view, albeit fictional as it usually is, into trial court proceedings. In fact, when most Americans think of "justice," a picture of two opposing ...
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For Lawyers And Judges In The Fight Against Drugs, The Repugnant Becomes The Runof The Mill

The scene is Kennedy International Airport. The principals are some drug-enforcement agents and a 36-year-old Nigerian named Ojiabo Onumonu. The key exhibits are 83 condoms---all stuffed with heroin and all carried in Mr. Onumonu's stomach as he ...
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For The California Supreme Court, Predispute Contractual Waiver of Right to Jury Trial Are Not Enforceable in Civil Actions Under California Law

Among the greatest fears of many employers is the chance that a runaway jury could impose a potentially ruinous verdict in a wrongful discharge or harassment matter. Every month the headlines are filled with multi-million dollar jury verdicts. As a ...
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Forum Non Conveniens in Florida

In Kinney System, Inc. v. The Continental Insurance Co., the Supreme Court of Florida addressed the issue of forum non conveniens. Simply put, forum non conveniens determines whether Florida is the "convenient forum" to hear the case at issue. The ...
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Frequently Asked Questions about Pursuing a Civil Lawsuit

The order and progress of the investigation of the potential lawsuit, as well as the initial filing of the lawsuit, should that become necessary, is a process which cannot be accomplished in a short period of time if it is to be handled properly ...
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Further Implications of the Delaware Supreme Court’s Mentor Graphics Decision and Oklahoma’s Fleming Decisions Shareholder Proposals Seeking Mandatory Bylaw Amendments to Prohibit, Limit or Repeal Ri

It is well-settled under Delaware law that a board of directors' adoption of a rights plan is a valid exercise of its authority to manage the business and affairs of the corporation under Delaware General Corporation Law ("DGCL") -- 141(a).1 Equally ...
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‘Gatekeeper’ Review Must Be More Than Cursory

A federal judge's one-sentence conclusion that a witness qualified to testify as an expert was not enough to show that he had correctly exercised his "gatekeeper" function under Daubert, the 7th U.S. Circuit Court of Appeals decided.But even though ...
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Georgia Personal Injury Law: What is an IME? And Why Do I Need One?

Settlements in serious accident cases usually provide for the payment of a large sum of cash to the injured person, which is paid either by the "at-fault" party or by the "at-fault" party's insurance company. The party responsible for paying out a ...
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Getting A Fair Claim Settlement for Property Owners

Hurricane Bertha and Fran wreaked havoc on homes, businesses, apartments and office buildings. Property owners experienced substantial insured losses. After such a catastrophe, you, as a property owner, are faced with the often-daunting task of ...
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Ginsburg vs. Goldstein: An Inside Perspective

This now infamous lawsuit was filed on January 30, 1998 in County Court at Law #2, Dallas County, Texas, presided over by the Honorable Carlos Lopez. Relief was sought against Robert Goldstein, his professional corporation and his wife, in the form ...
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