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

Superior Court Addresses Spoliation And Admissibility of Evidence in Products Liability Actions

Three recent decisions by the Pennsylvania Superior Court dealing with spoliation of evidence and the admissibility of evidence in products liability cases may be of interest to manufacturers and their insurers. 1.In Elias v. Lancaster General ...
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Preventing Legal Problems with Contractors

According to the IRS, a worker is an independent contractor "if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done." Incorrectly labeling employees as contractors can be costly ...

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Pennsylvania Supreme Court Rules that Issue of “Serious Injury” in Limited Tort Cases is Almost Always a Jury Question

On October 29, 1998, the Supreme Court of Pennsylvania decided the case of Washington v. Baxter. In a majority opinion written by Justice Cappy, the Court held that "the ultimate determination should be made by the jury in all but the clearest of ...
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Enforcement of Foreign Judgments in Florida

Do you hold an uncollected judgement against a resident of the State of Florida or against a debtor who has recently moved to Florida? Or do you hold a claim or judgment against a corporation domiciled in Florida? If you do and are interested in ...
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Second Circuit Clarifies New York Law On Enforcement Of Debt Instruments

Since the early 1980s, lender banks have been selling to other investors the non-performing debt of countries that have ceased to service their external debt. These sales enable the banks to reduce their exposure and to make additional loans to ...
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The Confidentiality of Personal Health Information in the Information Age

With today's technological advances in computerized communications, personal health information and medical records are made available to a large number of health care providers, insurance companies and other third party payors through legitimate ...
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Arbitration v. Litigation In Court: Which To Choose If You Have The Choice

When you have a choice of forums in which to litigate a dispute you can't otherwise resolve, which is cheaper, litigation or arbitration? Which is quicker? Which is more efficient? The only completely accurate answer to all three of these questions ...
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Employee Misconduct Defense

Employers raise employee misconduct as often as any defense to OSHA citations. If proven to exist by the employer, this defense eliminates the citation and penalty related to employee misconduct. That is, the employer must present convincing facts ...
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Electronic Medical Records – Health Care’s Next Challenge in Cyberspace

The quest for health care reform and the dynamic growth of integrated delivery systems have led to significant developments in the application of information technology to the health care industry. Multiprovider organizations now link computers on ...
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Employers Beware: MCAD Revamps Procedural Regulations

The Massachusetts Commission Against Discrimination has enacted new procedural regulations, which significantly change and complicate the handling of MCAD cases. These new regulations, which became effective January 1, 1999, establish a vastly ...
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