How to Form Your Own Corporation Without a Lawyer for Under

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The current pilot scheme is extended by a year and amendments are made to the scheme in the light of feedback received during the first year of its operation. More than 21 days after the summons and complaint are served on a party, a request under Rule 34 may be delivered: (i) to that party by any other party, and (ii) by that party to any plaintiff or to any other party that has been served. (B) When Considered Served.

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Publisher: Enterprise Publishing (1974)

ISBN: B0072ZTPSO

Section 16-13-318 was repealed by Act 1185 of 2003 and replaced by superseding statute, Ark , source: Civil Procedure (The Little, Brown examples and explanations series). If you love rules, you will adore civil procedure otherwise known as “Civ Pro” in law school jargon , cited: Advocacy Words: A Thesaurus, Expanded. Maps recorded prior to October 1, 1973 may be qualified under this statute by the recording of certificates prepared in accordance with subdivision (b)(2) above. Such certificates must contain the book and page number where the map is filed, in addition to the information required by subdivision (b)(2) above, and shall be recorded and indexed in the deed books. When a certificate is filed to qualify such a recorded map, the register of deeds shall make a marginal notation on the map in the following form: "Certificate filed pursuant to G http://www.utv5150.com/lib/civil-procedure-5-th-sum-and-substance-quick-review. Part 36 of the CPR set outs the procedure to be followed where a party makes an offer to settle a matter, or part of a matter, and the consequences of making such offers http://internationalrelo.net/ebooks/civil-procedure-in-practice. Reg 288/89 37.12.1 (1) Where a motion is on consent, unopposed or without notice under subrule 37.07(2), the motion may be heard in writing without the attendance of the parties, unless the court orders otherwise. (2) Where the motion is on consent, the consent and a draft order shall be filed with the notice of motion. (3) Where the motion is unopposed, a notice from the responding party stating that the party does not oppose the motion and a draft order shall be filed with the notice of motion. (4) Where the issues of fact and law are not complex, the moving party may propose in the notice of motion that the motion be heard in writing without the attendance of the parties, in which case, (a) the motion shall be made on at least fourteen days notice; (b) the moving party shall serve with the notice of motion and immediately file, with proof of service in the court office where the motion is to be heard, a motion record, a draft order and a factum entitled factum for a motion in writing, setting out the moving party's argument; (c) the motion may be hard in writing without the attendance of the parties, unless the court orders otherwise. (5) Within tens days after being served with the moving party's material, the responding party shall serve and file, with proof of service, in the court office where the motion is to be heard, (a) a consent to the motion; (b) a notice that the responding party does not oppose the motion; (c) a motion record, a notice that the responding party agrees to have the motion heard and determined in writing under this rule and a factum entitled factum for a motion in writing, setting out the party's argument; or (d) a notice that the responding party intends to make oral argument, along with any material intended to be relied upon by the party. (6) Where the responding party delivers a notice under subrule (5) that the party intends to make oral argument, the moving party may either attend the hearing and make oral argument or not attend and rely on the party's motion record and factum. 37.13 (1) On the hearing of a motion, the presiding judge or officer may grant the relief sought or dismiss or adjourn the motion, in whole or in part and with or without terms, and may, (a) where the proceeding is an action, order that it be placed forthwith, or within a specified time, on a list of cases requiring speedy trial; or (b) where the proceeding is an application, order that it be heard at such time and place as are just. (2) A judge who hears a motion may, (a) in a proper case, order that the motion be converted into a motion for judgment; or (b) order the trial of an issue, with such directions as are just, and adjourn the motion to be disposed of by the trial judge. (3) Where on a motion a judge directs the trial of an issue, subrules 38.10(2) and (3) (issue treated as action) apply with necessary modifications. 37.14 (1) A person who, (a) is affected by an order obtained on motion without notice; (b) fails to appear on a motion through accident, mistake or insufficient notice; or (c) is affected by an order of a registrar, may move to set aside or vary the order, by a notice of motion that is served forthwith after the order comes to the person's attention and names the first available hearing date that is at least three days after service of the notice of motion. (2) On a motion under subrule (1), the court may set aside or vary the order on such terms as are just. (3) A motion under subrule (1) or any other rule to set aside, vary or amend an order of a registrar may be made to a judge or master, at a place in accordance with rule 37.03 (place of hearing of motions). (4) A motion under subrule (1) or any other rule to set aside, vary or amend an order of a judge may be made, (a) to the judge who made it, at any place; or (b) to any other judge, at a place determined in accordance with rule 37.03 (place of hearing of motions). (5) A motion under subrule (1) or any other rule to set aside, vary or amend an order of a master may be made, (a) to the master who made it, at any place; or (b) to any other master or to a judge, at a place determined in accordance with rule 37.03 (place of hearing of motions). (6) A motion under subrule (1) or any other rule to set aside, vary or amend an order made by a judge or panel of the Court of Appeal or Divisional Court may be made, (a) where the order was made by a judge, to the judge who made it or any other judge of the court; or (b) where the order was made by a panel of the court, to the panel that made it or any other panel of the court. 37.15 (1) Where a proceeding involves complicated issues or where there are two or more proceedings that involve similar issues, the Chief Justice or Associate Chief Justice of the Superior Court of Justice, a regional senior judge of the Superior Court of Justice or a judge designated by any of them may direct that all motions in the proceeding or proceedings be heard by a particular judge, and rule 37.03 (place of hearing of motions) does not apply to those motions. (1.1) A judge who is directed to hear all motions under subrule (1) may refer to a master any motion within the jurisdiction of the master under subrule 37.02(2) unless the judge who made the direction under subrule (1) directs otherwise. (2) A judge who is hears motions pursuant to a direction under subrule (1) shall not preside at the trial of the actions or the hearing of the applications. 37.16 On motion by any party, a judge or master may by order prohibit another party from making further motions in the proceeding without leave, where the judge or master on the hearing of the motion is satisfied that the other party is attempting to delay or add to the costs of the proceeding or otherwise abuse the process of the court by a multiplicity of frivolous or vexatious motions. 37.17 In an urgent case, a motion may be made before the commencement of a proceeding on the moving party's undertaking to commence the proceeding forthwith. 38.01 (1) Rules 38.02 to 38.11 apply to all proceedings commenced by a notice of application under rule 14.05, subject to subrule (2). (2) Rules 38.02 and rule 38.09 do not apply to applications to the Divisional Court. 38.02 An application shall be made to a judge. 38.03 (1) The applicant shall name in the notice of application as the place of hearing a place in which the court normally sits. (1.1) An application under the Commercial Tenancies or the Tenant Protection Act, 1997 shall be made in the county in which the premises are located and shall be heard and determined in that county. (2) At any place where no practice direction concerning the scheduling of applications is in effect, an application may be set down for hearing on any day on which a judge is scheduled to hearing applications. (3) If counsel estimates that the hearing of the application will be more than two hours long, a hearing date shall be obtained from the registrar before the notice of application is served. (3.1) An urgent application may be set down for hearing on any day on which a judge is scheduled to hearing applications, even if counsel estimates that the hearing is more likely to be more than two hours long. (4) Where a notice of application has been served, and the respondent wishes to make an application against the applicant, or against the applicant and another person, the respondent may make the application at the same place and time to the same judge. 38.04 Every notice of application (Form 14E, 68A or 73A, 74.44 or 75.5) shall state, (a) the precise relief sought; (b) the grounds to be argued, including a reference to any statutory provision or rule to be relied on; and (c) the documentary evidence to be used at the hearing of the application. 38.05 A notice of application shall be issued as provided by rule 14.07 before it is served. 38.06 (1) The notice of application shall be served on all parties and, where there is uncertainty whether anyone else should be served, the applicant may make a motion without notice to a judge for an order for directions. (2) Where it appears to the judge hearing the application that the notice of application ought to have been served on a person who has not been served, the judge may, (a) dismiss the application or dismiss it only against the person who was not served; (b) adjourn the application and direct that the notice of application be served on the person; or (c) direct that any judgment made on the application be served on the person. (3) The notice of application shall be served at least ten days before the date of the hearing of the application, except where the notice is served outside Ontario, in which case it shall be served at least twenty days before the hearing date. (4) The notice of application shall be filed with proof of service at least four days before the hearing date in the court office where the application is to be heard. (2) A respondent who has not delivered a notice of appearance is not entitled to, (a) receive notice of any step in the application; (b) receive any further document in the application, unless, (i) the court orders otherwise, or (ii) the document is an amended notice of application that changes the relief sought; (c) file material, examine a witness or cross-examine on an affidavit on the application; (d) be heard at the hearing of the application, except with leave of the presiding judge. (3) Despite subrule (2), a party who is served with a notice of application outside Ontario may make a motion under subrule 17.06(1) before delivering a notice of appearance and is entitled to be served with material responding to the motion. 38.08 (1) The applicant may abandon an application by delivering a notice of abandonment. (2) An applicant who fails to appear at the hearing shall be deemed to have abandoned the application unless the court orders otherwise. (3) Where an application is abandoned or is deemed to have been abandoned, a respondent on whom the notice of application was served is entitled to the costs of the application, unless the court orders otherwise. (4) Where a party to an application is under disability, the application may be abandoned by or against that party only with leave of a judge, on notice to, (i) the Public Guardian and Trustee is litigation guardian of the party, or (ii) a judge orders otherwise; and (b) where the party under disability is a respondent, the litigation guardian. 38.09 (1) The applicant shall, (a) serve an application record, together with a factum consisting of a concise argument stating the facts and law relied on by the applicant, at least four days before the hearing, on every respondent who has served a notice of appearance; and (b) file the application record and factum, with proof of service, at least two days before the hearing, in the court office where the application is to be heard. (2) The applicant's application record shall contain, in consecutively numbered pages arranged in the following order, (a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter; (b) a copy of the notice of application; (c) a copy of all affidavits and other material served by any party for use on the application; (d) a list of all relevant transcripts of evidence in chronological order, but not necessarily the transcripts themselves; and (e) a copy of any other material in the court file that is necessary for the hearing of the application. (3) The respondent shall serve on every other party a factum consisting of a concise argument stating the facts and law relied on by the respondent. (3.1) If of the opinion that the application record is incomplete, the respondent may serve on every other party, at least two days before the hearing, a respondent's application record containing, in consecutively numbered pages arranged in the following order, (a) a table of contents describing each document, including each exhibit, by its nature and date and in the case of an exhibit, by exhibit number or letter; and (b) a copy of any material to be used by the respondent on the application and not included in the application record, and the respondent's factum and application record shall be filed, with proof of service, in the court office where the application is to be heard, not later than 2 p.m. on the day before the hearing. (3.2) The respondent's factum, and the respondent's application record, if any, shall be filed, with proof of service in the court office where the application is to be heard, at least two days before the hearing. (4) A judge, before or at the hearing of the application, may dispense with compliance with this rule in whole or in part. (5) Any material served by a party for use on an application may be filed, together with proof of service, as part of the party's application record and need not be filed separately if the record is filed within the time prescribed for filing the notice or other material. (6) A party who intends to refer to a transcript of evidence at the hearing of an application shall file a copy of the transcript as provided by rule 34.18. (8) Subrules (1) to (6) apply to applications under Rule 75, but neither the applicant nor the respondent is required to serve a factum. 38.10 (1) On the hearing of an application the presiding judge may, (a) grant the relief sought or dismiss or adjourn the application, in whole or in part and with or without terms; or (b) order that the whole application or any issue proceed to trial and give such directions as are just. (2) Where a trial of the whole application is directed, the proceeding shall thereafter be treated as an action, subject to the directions in the order directing the trial. (3) Where a trial of an issue in the application is directed, the order directing the trial may provide that the proceeding be treated as an action in respect of the issue to be tried, subject to any directions in the order, and shall provide that the application be adjourned to be disposed of by the trial judge. 38.11 (1) A person who is affected by a judgment on an application made without notice or who fails to appear at the hearing of an application through accident, mistake or insufficient notice may move to set aside or vary the judgment, by a notice of motion that is served forthwith after the judgment comes to the person's attention and names the first available hearing date that is at least three days after service of the notice of motion. (2) A motion under subrule (1) may be made, (a) at any place, to the judge who granted the judgment; (b) at a place determined in accordance with rule 37.03 (place of hearing of motions), to any other judge; (c) to the Divisional Court, in the case of a judgment of that court; (3) On a motion under subrule (1), the judgment may be set aside or varied on such terms as are just. 39.01 (1) Evidence on a motion or application may be given by affidavit unless a statute or these rules provide otherwise. (2) Where a motion or application is made on notice, the affidavits on which the motion or application is founded shall be served with the notice of motion or notice of application and shall be filed with proof of service in the court office where the motion or application is to be heard at least two days before the hearing. (3) All affidavits to be used at the hearing in opposition to a motion or application or in reply shall be served and filed with proof of service in the court office where the motion or application is to be heard at least two days before the hearing. (4) An affidavit for use on a motion may contain statements of the deponent's information and belief, if the source of the information and the fact of the belief are specified in the affidavit. (5) An affidavit for use on an application may contain statements of the deponent's information and belief with respect to facts that are not contentious, if the source of the information and the fact of the belief are specified in the affidavit. (6) Where a motion or application is made without notice, the moving party or applicant shall make full and fair disclosure of all material facts, and failure to do so is in itself sufficient ground for setting aside any order obtained on the motion or application. 39.02 (1) A party to a motion or application who has served every affidavit on which the party intends to rely and has completed all examinations under rule 39.03 may cross-examine the deponent of any affidavit served by a party who is adverse in interest on the motion or application. (2) A party who has cross-examined on an affidavit delivered by an adverse party shall not subsequently deliver an affidavit for use at the hearing or conduct an examination under rule 39.03 without leave or consent, and the court shall grant leave, on such terms as are just, where it is satisfied that the party ought to be permitted to respond to any matter raised on the cross-examination with evidence in the form of an affidavit or a transcript of an examination conducted under rule 39.03. (3) The right to cross-examine shall be exercised with reasonable diligence, and the court may refuse an adjournment of a motion or application for the purpose of cross-examination where the party seeking the adjournment has failed to act with reasonable diligence. (4) On a motion other than a motion for summary judgment or a contempt order, a party who cross-examines on an affidavit, (a) shall, where the party orders a transcript of the examination, purchase and serve a copy on every adverse party on the motion, free of charge; and (b) is liable for the partial indemnity costs of every adverse party on the motion in respect of the cross-examination, regardless of the outcome of the proceeding, unless the court orders otherwise. 39.03 (1) Subject to subrule 39.02(2), a person may be examined as a witness before the hearing of a pending motion or application for the purpose of having a transcript of his or her evidence available for use at the hearing. (2) A witness examined under subrule (1) may be cross-examined by the examining party and any other party and may then be re-examined by the examining party on matters raised by other parties, and the re-examination may take the form of cross-examination. (3) The right to examine shall be exercised with reasonable diligence, and the court may refuse an adjournment of a motion or application for the purpose of an examination where the party seeking the adjournment has failed to act with reasonable diligence. (4) With leave of the presiding judge or officer, a person may be examined at the hearing of a motion or application in the same manner as at a trial. (5) The attendance of a person to be examined under subrule (3) may be compelled in the same manner as provided in Rule 53 for a witness at a trial. 39.04(1) On the hearing of a motion, a party may use in evidence an adverse party's examination for discovery or the examination for discovery of any person examined on behalf or in place of, or in addition to, the adverse party, and rule 31.11 (use of discovery at trial) applies with necessary modifications. (2) On the hearing of a motion, a party may not use in evidence the party's own examination for discovery or the examination for discovery of any person examined on behalf or in place of, or in addition to, the party unless the parties consent. (Feb 1, 1996) http://dialysiswashout.net/lib/contracts-blonds-law-guides.
As anticipated, the equipment has been used simply sparingly in so much courts, and judicial controls over the invention procedure have usually been imposed via scheduling orders below Rule 16(b) or via rulings on discovery motions , e.g. http://internationalrelo.net/ebooks/j-k-lassers-all-you-should-know-about-ira-keogh-and-other-retirement-plans. S., s. 672; 1927, c. a hundred and ten; 1931, c. 172; 1953, c. 697; 1971, c. 381, s. 12; 1973, c. 1070, s. 2; 1977, c. seventy four, s. 1.) � 1-311.� opposed to the individual. If the motion is one during which the defendant could have been arrested, an execution opposed to the individual of the judgment debtor could be issued to any county in the country, after the go back of an execution opposed to his estate entirely or in part unsatisfied click here. S. 1-38(b), book______ (enter e-book the place filed), web page _____" (c)������� Maps recorded ahead of October 1, 1973 shall qualify as though they'd been qualified as herein supplied if acknowledged maps might be confirmed to comply to the boundary strains at the flooring and to comply to tools of list conveying the land that's the subject material of the map, to the individual whose identify is indicated on acknowledged recorded map because the proprietor thereof Judges at Work: the Role and Attitudes of the South African Appellate Judiciary, 1910-1950.
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