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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Your Obligations as a Client
A lawsuit is a cooperative venture between a client and an attorney. If either side fails to fulfill his or her obligations with respect to the lawsuit, the case will suffer and perhaps even fail. Your obligations as a client include: BEING HONEST ...
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What to Expect From Your Attorney
Everyone has heard a million lawyer jokes, but you have the right to expect more from your lawyer than a chance to wind up the punchline to a joke. You should look for three qualities in an attorney: The most valuable skill a lawyer can have is the ...
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Safe Communication: Guidelines for Creating Corporate Documents That Minimize Litigation Risks
Products liability defense cases are particularly vulnerable to "bad" company documents. A company trying to manage the risks presented by bad documents needs more than a well-defined and enforced document retention program. It requires an educated ...
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Inadvertent Disclosure of Privileged Information
It is every lawyer's worst nightmare. memo -- the one directed to the client analyzing in detail the strengths and (more importantly) weaknesses of his case -- falls into the hands of opposing counsel. Maybe the document was buried amongst hundreds ...
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Dealing With Conflicts In Joint Representation Of Defendants In Mass Tort Litigation
I. Introduction As litigation continues to become increasingly complex with plaintiffs attempting to unite in class action lawsuits while naming as many defendants as possible, the legal costs associated with defending such lawsuits present a great ...
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Practicing Defensively
In examining pending legal malpractice cases, one is able to identify common areas of claims and suits, and this examination and analysis enables a practitioner to take preventive steps to, hopefully, avoid being the next defendant.Though we ...
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Post-Judgment Remedies-Execution in Wisconsin
Generally, executions should be used when there is money or property in the hands of a judgment debtor that can be seized to satisfy a judgment. Execution is a method by which a judgment creditor can enforce a judgment by requiring the payment of ...
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Ninth Circuit Puts Teeth in Securties Reform Act Requirements
On July 2, the Ninth Circuit issued an opinion that could radically reduce unjustified securities lawsuits and fulfill the promise of the Private Securities Litigation Reform Act that Congress passed in 1995 (the "Reform Act"). The Reform Act ...
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New York Appellate Division Limits Bank Liability For Sharing Confidential Information
In Smith v. Chase Manhattan Bank, USA, N.A., et al., 741 N.Y.S.2d 100 (N.Y. App. Div., 2d Dep't, April 15, 2002), the New York Appellate Division recently affirmed dismissal of a class action alleging that Chase Manhattan Bank USA, N.A. and its ...
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The Anti-SLAPP Statute: A New Defense For Developers?
A little noticed Superior Court decision in December may have broad implications for developers of real estate. In dismissing a lawsuit filed by members of the community against a real estate developer in Pierce v. Mulhern, 1 the Superior Court ...
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