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

Is Summary Judgment Dead: Or Alive & Kicking?

A party is entitled to summary judgment (i.e., to have the case dismissed before trial) under Rule 56 of the Federal Rules of Civil Procedure if the court decides, after reviewing the evidence, that there is no "genuine issue of material fact ...
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IT Witnesses – An Essential Part of the e-Discovery Battle

As the responsibilities for preservation and production of electronic records become clearer, parties and counsel should take a proactive approach to preparing for battles that may develop. As in warfare, the proactive approach is one in which the ...
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JCAHO Sentinel Events Policy: Advantages, Disadvantages of Self Reporting

The Joint Commission on Accreditation of Healthcare Organizations' (JCAHO) revised Sentinel Events Policy is now in effect. The revised policy became effective April 1 despite widespread concern by hospitals and other facilities about waiving ...
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Jennings Decision Will Impact Admissibility of Expert Testimony in California

January 26, 2004 Thelen Reid Report No. 90 Thelen Reid's appellate team, led by partner Curt Cole in our Los Angeles office, recently argued a case with potentially groundbreaking significance regarding the admissibility of expert testimony in ...
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Judge Sporkin: Microsoft’s Unwitting Ally

On February 14, 1995, Federal Judge Stanley Sporkin refused to approve the consent decree negotiated between the U.S. Government and Microsoft to settle the antitrust complaint filed against Microsoft by the Government. Many think that this denial ...
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Junk Science

In an attempt to incite righteous anger and induce change in the nation's educational standards, the late Carl Sagan often lamented the American public's profound scientific illiteracy, which by even conservative measures is estimated to include ...
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Jury Selection In Insurance Fraud Trials

To select a jury, trial lawyers make ad hoc decisions about dozens of people. The decisions are, at best, often informed guesswork. Yet many believe that the outcome of a trial can be dictated by the composition of the jury and that crucial moments ...
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Jury Waiver Agreements Revisited

Last January, we discussed the emergence of jury waiver agreements. (See Steering Clear of the Runaway Jury, ). Jury waiver agreements are contractual agreements in which the parties agree that if a dispute arises and suit is filed, the parties ...
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Justice Department and EPA Step Up Chemical Security Enforcement

U.S. Attorney General John Ashcroft announced plans this month for stepped up inspections focusing on companies that fail to protect against possible terrorist attacks on pipelines, fuel storage tanks, chemical plants and drinking water facilities ...
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Keeping The Lid On Legal Costs

In a recent survey of law department costs for a cross-section of Canadian corporations, 100 per cent of the general counsel reported a concern with rising legal costs.Most are happy with the talent offered by their preferred law firms, but all have ...
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