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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Tax and Estate Planning for the Nouveaux Riches
One of the most enduring stereotypes in the legal profession, as well as in the public mind, is that of the private client solicitor. We are all familiar with the almost Dickensian image of the kindly practitioner who attended to the wills, estates ...
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Second Circuit Reversal Regarding Disney’s Fantasia On Videocassettes
The Second Circuit, in a significant, well-reasoned opinion by Judge Pierre Leval, reversed the district court for the Southern District of New York regarding Disney's release in 1991 of Fantasia in video format. Boosey & Hawkes Music Publishers ...
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Screening a Medical Malpractice Case: A Practical Approach
This is the first article of a three part series focusing on case management through litigation and trial. In this article, the authors concentrate on the importance of the initial client interview and its use as a vehicle to successfully resolving ...
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Records Retention: The Need for a Good Corporate Policy
We've heard about records retention and the trouble that shredding documents can bring. But are you aware that the law penalizes document modification as well? Take the Arthur Andersen case as an example. In August 2001, questions arose regarding ...
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Record, Record, Who’s Got the Record?
Whether joining or leaving a practice, physicians should understand their rights and obligations with respect to patient medical records they generate. A new Florida law was enacted in 1997 to help clarify some of these issues. It is essential that ...
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Proving the Often Overlooked, Undervalued Head Injury Case
Suppose a 33-old man walks in your office, is pleasant and engaging and asks you to represent him. He appears to speak coherently as he explains that he is gainfully employed an a bagger at a local supermarket, and that he drives to work every day ...
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Protecting Yourself in Working with Attorneys: A Guide for Experts
The biggest problem experts have in dealing with attorneys is ensuring they get paid for services rendered. There are several steps an expert can take to improve the probability of being paid. First, it is not unreasonable for an expert to request ...
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Prohibition On Ex Parte Communications With Former Employees
In Camden v. State of Maryland, 910F. Supp. 1115 (D. Md. 1996), the United States District Court for the District of Maryland held that a lawyer may not engage in ex parte communications with a former employee of an adverse party when the lawyer ...
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Products Liability Update: The End of an Era: Lessons to Be Learned From the Bendectin Litigation
Two Mass Tort Settlements: One Up, One Down (So Far Update on Preemption Defense Since Medtronic, Inc. v. Lohr The End of an Era - Lessons to be Learned from the Bendectin Litigation The End of an Era . Lessons to Be Learned From the ...
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Preserving the Right to a Representative Jury
For over two centuries, the jury system has played an important and revered role in the American justice system.1 As Alexis de Tocqueville observed long ago, "the practical intelligence and political good sense of the Americans are mainly ...
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