The Tenth Justice: The Solicitor General and the Rule of Law

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Absent agreement, a court order is needed. Motion for Postponement; Grounds; Effect of Admission of Truth of Affidavit by Adverse Party. But the court may require the public officer's name to be added. (2) Automatic Substitution of Officeholder. Sirian Lamp Co., supra; Crosby Steam Gage & Valve Co. v. Notice to any party to produce any documents referred to in his pleadings or affidavit shall be in Form 33 in the Appendix to these Rules with such variations as circumstances may require. 16. (1) The party to whom notice is given under rule 14 of this Order shall, within 2 days from the receipt of the notice, if all the documents therein referred to have been set forth by him in such affidavit as is mentioned in rule 11, or if any of the documents referred to in the notice have not been set forth by him in any such affidavit, then within four days from the receipt of the notice, deliver to the party giving it a notice stating a time within 7 days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his legal practitioner, or in the case of banker's books or other books of accounts, or books in constant use for the purpose of any trade or business, at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what ground. (2) The notice shall be in Form 34 in the Appendix to these Rules with such variations as circumstances may require. 17. (1) If the party served with notice under rule 14 of this Order omits to notify a time for inspection, or objects to give inspection, or offers inspection elsewhere than at the office of his legal practitioner, the Court or a Judge in chambers may, on the application of the party, desiring it, make an order for inspection in such place and in such manner as the Court or Judge may think fit: Provided that the order shall not be made when and so far as the Court or Judge in chambers is of opinion that it is not necessary either for disposing fairly of the action or for saving costs. (2) Any application to inspect documents, except such as are referred to in the pleadings, particulars or affidavit of the party against whom the application is made, or disclosed in his affidavit of documents shall be founded upon an affidavit showing of what documents inspection is sought, that the party applying is entitled to inspect them and that they are in the possession or power of the other party. 18. (1) Where inspection of any business books is applied for, the Court or a Judge in chambers may, if it or he thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations, or alterations: Provided that, notwithstanding that such copy has been supplied the Court or Judge in chambers may order inspection of the book from which the copy was made. (2) Where, on an application for an order for inspection, privilege is claimed for any document, it shall be lawful for the Court or a Judge in chambers to inspect the document for the purpose of deciding as to the validity of the claim of privilege. (3) The Court or a Judge in chambers may, on the application of any party to an action at any time and whether an affidavit of documents shall or shall not have already been ordered or made, make an order requiring any other party to state by affidavit whether any document or documents or any class or classes of documents specified or indicated in the application, is or are or has or have at any time been in his possession, custody, or power, when he parted with the same and what has become of it. (4) Application for such order shall be made on an affidavit stating that in the belief of the deponent the party against whom the application is made has or had at some time has in his possession, custody or power the particular document or documents or the class or classes of documents specified or indicated in the application and that they relate to the matters in question in the action or to some or one of them. 19.

Justice and police

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An extension applies if the service is to a foreign jurisdiction (6 months). Examinations are very frequently made by agreement, and sometimes before the party examined has an attorney. These changes are intended to be stylistic only. The appellant shall provide the Board and the other parties entitled to notice of the appeal with a copy of appellant's appraisal within sixty (60) days of filing the appeal. In certain suits in admiralty separation for trial of the issues of liability and damages (or of the extent of liability other than damages, such as salvage and general average) has been conducive to expedition and economy, especially because of the statutory right to interlocutory appeal in admiralty cases (which is of course preserved by these Rules).

Law and Regulation of Electronic Media

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Rule 26 also provides the scope of discovery: "Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. .. including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things." The judge shall not instruct with respect to matters of fact, nor comment thereon. C., Title 28, [former] §417a (Alternate jurors in criminal trials); 1 N.

Parallel Importation in U.S. Trademark Law (Contributions in

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Section (d) is a modified version of FRCP 62(d) and basically follows prior Arkansas law as codified in superseded Ark. Please note the transitional provisions in the Statutory Instrument. Where the service of a notice to appear, produce, or a subpoena was necessary, to compel the appearance of a witness or the production of evidence, such notice or subpoena, showing the time, place, and cost of service thereof, shall be filed with the bill. Default judgment on claim for possession of land 16.5.

Does Independent Mean Free Fro (Foreign Economic Policy of

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Obviously, if the time limit in Rule 52(b) could be set aside under Rule 6(b), the time limit in Rule 50(b) for granting judgment notwithstanding the verdict (and thus vacating the judgment entered "forthwith" on the verdict) likewise could be set aside. P. 15(a), and Petitioner’s argument as to the merits of Respondent’s defense is premature. The term "seal" could be read as implying that the attorney who received the deposition was obligated to keep it sealed.

Law school Wednesday - Wills Trusts Real Property: Law

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Sheriff may require security for costs of execution 39.18. Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information: ������������������������������� (i) A party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request; ������������������������������� (ii) If a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and ������������������������������� (iii) A party need not produce the same electronically stored information in more than one form. ����� (c) Nonparties.

Power on the Job: The Legal Rights of Working People

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Thus, [D] did not specifically deny [P's] allegations that he was a resident of Bexar County or that his injury occurred in Bexar County." The Federal Ministry of Justice shall publish the relevant amounts in due time in the Federal Law Gazette (Bundesgesetzblatt, BGBl.). (3) In computing the part of the earned income that is attachable pursuant to subsection�(2), the earned income is to be rounded down, where applicable after having deducted the amount that is attachable pursuant to subsection�(2), second sentence, that has been set out in the table annexed to the present Code; such rounding shall be made for monthly payments to an amount divisible by 10 euros, for weekly payments to an amount divisible by 2.50 euros, and for daily payments to an amount divisible by 0.50 euros.

Civil Procedure Reports: Containing Cases Under the Code of

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Free joinder of claims and remedies is one of the basic purposes of unification of the admiralty and civil procedure. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. If there is no statute, we look at the case law of the highest court in that state. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court.

A Digest of the Law of Evidence

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App.-Houston [HthDist] 1999, n.p.h.) (No. 14-98-000404-CV; 8-12-99). "Accord and satisfaction constitutes a bar to any action on the original contract. The language of Rule 27 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. If however, the vessel is not released, general notice is required in order that all persons, including unknown claimants, may appear and be heard, and in order that the judgment in rem shall be binding on all the world.

Obstetric and Neonatal Malpractice: Legal and Medical

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See 3 Moore's Federal Practice 2153 (2d ed. 1963); 2 Barron & Holtzoff, Federal Practice & Procedure §513.8 (Wright ed. 1961). Judicial officer means a district judge, magistrate judge, or circuit judge sitting by assignment. (f) Clerk. S., s. 667; 1927, c. 24; 1935, c. 98; 2010-96, s. 24(b).) � 1-307.� Issued from and returned to court of rendition. No response may be filed to a petition for an en banc consideration unless the court orders a response. (f) Call for a Vote.