Tenure, Discrimination, and the Courts

Categories Civil Procedure

Format: Paperback

Language: English

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The statute imposes the burden of notification on the court, not the party making the constitutional challenge, partly in order to protect against any possible waiver of constitutional rights by parties inattentive to the need for notice. Examination and cross-examination of deponents may proceed as permitted at trial. On any appeal from a decision of a lower court, no objection shall be taken or allowed to any proceeding in such court for any defect or error which might have been amended by that court, or to any complaint, summons, warrant, or other process to or of such court for any alleged defect therein in substance or in form, or for any variance between any complaint or summons and the evidence adduced in support thereof in such court: Provided, however, that if any error, defect, or variance mentioned in this rule appears to the Court at the hearing of any appeal to be such that the appellant has been thereby deceived or misled, it shall be lawful for the Court either to refer the case back to the lower court with directions to re-hear and determine it or to reverse the decision appealed from, or to make such other order for disposing of the case as justice may require. 17.

Pages: 213

Publisher: Ilr Pr; F First Edition edition (September 1993)

ISBN: 0875463142

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