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

Trials and making a record in Arkansas

The record for appeal is constructed in the trial court. Arkansas is one of the worst states in finding "procedural default." That is, the Arkansas appellate courts will go out of their way to avoid deciding the merits of a case if an objection was ...
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U.S. and Microsoft, A Fight to the Finish?

On Friday, November 5, District Judge Thomas Penfield Jackson issued his findings of fact in the combined action between the Antitrust Division and 19 states against Microsoft. This is the first step in a unique decisional process that will next ...
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U.S. Supreme Court Expands Daubert

Federal Rule of Evidence 702 reads "if scientific, technical or other specialized knowledge will assist the trier of fact...a witness qualified as an expert...may testify thereto in the form of an opinion." Previously, the U.S. Supreme Court ruled ...
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Unintended Consequences of an Intentional Act Can Constitute an Occurrence

The New York Appellate Division, Fourth Department, recently reiterated the well-established insurance principle that there can be liability coverage for an insured's liability arising out of his own intentional act if the resulting injury or damage ...
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Unleashing The Marketing Power of Extranets

Demonstrating a superb combination of client service and marketing, Winston & Strawn has built an Extranet for one of their key clients, solving a crucial problem for the client and firmly bonding the company to the law firm. And the law firm got ...
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Vanessa Leggett Serves Maximum Jail Time, First Amendment-Based Reporter’s Privilege Under Seige

In order to enjoy the inestimable benefits that the liberty of the press ensures, it is necessary to submit to the inevitable evils that it creates.1 When a federal grand jury was convened to investigate the possibility of filing federal murder ...
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Voting for Missouri’s Judges

Missouri has two systems for electing judges: a partisan system and a Non-Partisan Court Plan. Partisan-elected judges run against challengers, unless no one chooses to oppose them. On the ballot, you will be asked to indicate which judicial ...
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Wake Forest Establishes The Legal Clinic for the Elderly

Law Kate Mewhinney, managing attorney of Wake Forest's new Legal Clinic for the Elderly, makes a convincing case for the pressing need to train lawyers for a country that's getting older and living longer." She asks, "what law firm would not want a ...
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What is a Deposition?

News accounts of some recent high profile cases have reported the taking of a deposition of a witness. What does that mean? Just what is a deposition? When a lawsuit is instituted, the parties have the right to conduct discovery (formal ...
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What is a Motion?

When involved in a lawsuit, parties and their attorneys often file motions, as in a motion to dismiss or a motion for summary judgement. What is a motion? What does it do? Whenever a party wants the court to do something, he or she needs to make a ...
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