Category: Civil Procedure

Stat., ch. 110, §54(2) (Smith-Hurd 1956). Any questions to the deponent from other parties must be served on all parties as follows: cross-questions, within 14 days after being served with the notice and direct questions; redirect questions, within 7 days after being served with cross-questions; and recross-questions, within 7 days after being served with redirect questions. The incorporation of Administrative Order 19's mandate here gives the circuit court a ready method for enforcing this mandate.

The net settlement payable to the minor (after deduction of costs and attorney's fees) is $_____________. S. 1-339.53 in the case of personal property, a notice of the postponement. (c)������� The posted notice of postponement shall: (1)������� State that the sale is postponed, (2)������� State the hour and date to which the sale is postponed, (3)������� State the reason for the postponement, and (4)������� Be signed by the sheriff. (d)������ If a sale is not held at the time fixed for the sale and is not postponed as provided by this section, or if a postponed sale is not held at the time fixed for the sale, the sheriff shall report the facts with respect thereto to the clerk of the superior court, who shall thereupon make an order for the sale of the property to be held at such time and place and upon such notice to be given in the manner and for the length of time as the clerk of the superior court deems advisable, but nothing in this section relieves the sheriff of liability for the nonperformance of the sheriff's official duty. (1949, c. 719, s. 1; 2001-271, s. 13.) � 1-339.59.� Procedure upon dissolution of order restraining or enjoining sale. (a)������� When, before the date fixed for a sale, a judge dissolves an order restraining or enjoining the sale, he may, if the required notice of sale has been given, provide by order that the sale shall be held without additional notice at the time and place originally fixed therefor, or he may, in his discretion, make an order with respect thereto as provided in subsection (b). (b)������� When, after the date fixed for a sale, a judge dissolves an order restraining or enjoining the sale, he shall by order fix the time and place for the sale to be held upon notice to be given in such manner and for such length of time as he deems advisable. (1949, c. 719, s. 1.) � 1-339.60.� Time of sale. (a)������� A sale shall begin at the time designated in the notice of sale or as soon thereafter as practicable, but not later than one hour after the time fixed therefor unless it is delayed by other sales held at the same place. (b)������� No sale shall commence before 10:00 o'clock A.

Collected papers presented as part of the Institute of Judicial Administration’s Research Conference on Civil Justice Reform in the 90th, held in New York, October 1993. For the purpose of computing any period of time prescribed or allowed by these rules or by statute, office service shall be complete upon the mailing. Thus, when a party admits in part and denies in part, his admission is for purposes of the pending action only and may not be used against him in any other proceeding.

Norfolk Circuit Court The circuit court handles all civil cases with claims of more than $25,000. The date so fixed shall not be less than 30 days after issuance of the notice. Rules Serv. 33.319, Case 3; Kingsway Press, Inc. v. When the mental or physical conditions (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or legal control.

There are a number of amendments consequential on changes to the CPR in relation to enforcement and the implementation of the single County Court on the coming into force of provisions in Section 17 of, and Schedule 9 to, the Crime and Courts Act The amendments for this update are contained in a Statutory Instrument. The Administrator or the lead arbitrator shall give parties at least five (5) days written notice of the time, place, and conditions of any arbitration meeting, unless the parties agree to modify or waive such notice.

The scope of Rule 37(b)(2) is broadened by extending it to include any order "to provide or permit discovery," including orders issued under Rules 37(a) and 35. Such highly paid individuals, like all other citizens, have a societal obligation to come forth and give evidence, much as they have an obligation to serve, when called, as jurors. Clause (A): One person may have rights against, or be under duties toward, numerous persons constituting a class, and be so positioned that conflicting or varying adjudications in lawsuits with individual members of the class might establish incompatible standards to govern his conduct.

If the judgment exclusive of interest from the date of offer finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer. S., s. 629.) Writs of certiorari, recordari, and supersedeas are authorized as heretofore in use. State decisions based on provisions similar to the federal rules are similarly divided. But TJ clearly indicated the costs to be a punishment.g. 7. - - - The purpose of costs.

Covers briefly Asia and South Pacific, Europe, UK, North and South America. An order granting summary judgment shall set forth the undisputed material facts and legal determinations on which the court granted summary judgment. ����� (d) Case Not Fully Adjudicated on Motion. R. 34. set forth the text of divisions (C) and (D) of this rule. This Article shall not apply to any agreement executed prior to June 13, 1991. (1991, c. 292, s. 1; 1997-141, s. 1; 1997-368, s. 6.) � 1-567.32.� Definitions and rules of interpretation. (a)������� For the purposes of this Article: (1)������� "Arbitral award" means any decision of an arbitral tribunal on the substance of a dispute submitted to it, and includes an interlocutory, or partial award; (2)������� "Arbitral tribunal" means a sole arbitrator or a panel of arbitrators; (3)������� "Arbitration" means any arbitration whether or not administered by a permanent arbitral institution; (4)������� "Party" means a party to an arbitration agreement; (5)������� "Superior court" means the superior court of any county in this State selected pursuant to G.

A judicial officer presiding over a hearing or trial may establish governing procedures. When will costs be awarded on an indemnity basis? - A party may no longer put another to the proof of a fact which the first knows is true without a costs penalty when the party put to proof establishes the fact 41. In case of an assignment of a thing in action the action by the assignee is without prejudice to any setoff or other defense, existing at the time of, or before notice of, the assignment; but this does not apply to a negotiable promissory note or bill of exchange, transferred in good faith, upon good consideration, and before maturity. (C.

An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method. (b)������� An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party shall not serve as an arbitrator required by an agreement to be neutral. (1927, c. 94, s. 4; 1973, c. 676, s. 1; 2003-345, s. 2.) � 1-569.12.� Disclosure by arbitrator. (a)������� Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and to the arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including: (1)������� A financial or personal interest in the outcome of the arbitration proceeding; and (2)������� An existing or past relationship with any of the parties to the agreement to arbitrate or to the arbitration proceeding, their counsel or representatives, a witness, or other arbitrators. (b)������� An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and to the arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment which a reasonable person would consider likely to affect the impartiality of the arbitrator. (c)������� If an arbitrator discloses a fact required by subsection (a) or (b) of this section to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under G.