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Amendment to the Federal Rules of Civil Procedure
April 27, 2020 Honorable Nancy Pelosi Speaker of the House of Representatives Washington, DC 20515 Dear Madam Speaker: I have the honor to submit to the Congress an amendment to the Federal Rules of Civil Procedure that has been adopted by the Supreme Court of the United States pursuant to Section 2072 of Title 28, United States Code. Accompanying the amended rule are the following materials that were submitted to the Court for its consideration pursuant to Section 331 of Title 28, United States Code: a transmittal letter to the Court dated October 23, 2019; a redline version of the rule with committee note; an excerpt from the September 2019 report of the Committee on Rules of Practice and Procedure to the Judicial Conference of the United States; and an excerpt from the June 2019 report of the Advisory Committee on Civil Rules. Sincerely, /s/ John G. Roberts, Jr. April 27, 2020 Honorable Michael R. Pence President, United States Senate Washington, DC 20510 Dear Mr. President: I have the honor to submit to the Congress an amendment to the Federal Rules of Civil Procedure that has been adopted by the Supreme Court of the United States pursuant to Section 2072 of Title 28, United States Code. Accompanying the amended rule are the following materials that were submitted to the Court for its consideration pursuant to Section 331 of Title 28, United States Code: a transmittal letter to the Court dated October 23, 2019; a redline version of the rule with committee note; an excerpt from the September 2019 report of the Committee on Rules of Practice and Procedure to the Judicial Conference of the United States; and an excerpt from the June 2019 report of the Advisory Committee on Civil Rules. -
Bush V. Superior Court (Rains), 10 Cal.App.4Th 1374 (1992)
Supreme Court, U.S. FILED ( p NOV 272018 1.1 No. k I \ zy OFFICE OF THE CLERK iiiii ORGNAL SUPREME COURT OF THE UNITED STATES RASH B. GHOSH and INTERNATIONAL INSTITUTE OF BENGAL BASIN, Petitioners, V. CITY OF BERKELEY, ZACH COWAN, LAURA MCKINNEY, JOAN MACQUARRIE, PATRICK EMMONS, GREG HEIDENRICH, CARLOS ROMO, GREG DANIEL, MANAGEWEST, BENJAMIN MCGREW, KORMAN & NG, INC., MICHAEL KORMAN, MIRIAM NG, ROMAN FAN, ROBERT RICHERSON, KRISTEN DIEDRE RICHERSON, ANDREA RICHERSON, DEBRA A. RICHERSON, AND PRISM TRUST, Re s p0 ii den t S. On Petition For a Writ of Certiorari To The California Court of Appeal, First Appellate District PETITION FOR A WRIT OF CERTIORARI Rash B. Ghosh Pro Se P. 0. Box 11553 Berkeley, CA 94712 (510) 575-5112 THE QUESTION PRESENTED Ghosh owned two adjacent buildings in Berkeley, and the co- plaintiff, International Institute of Bengal Basin (IIBB) occupied one of them. In a pending lawsuit, petitioners filed a third amended complaint, alleging that newly discovered evidence showed that the newly-named defendants conspired with the other defendants to deprive them of their property and arrange for it to be sold at a below-market price to some of the new. defendants. The trial court sustained demurrers by the defendants, and Ghosh and IIBB sought to appeal. Because Petitioner Ghosh had been found to be a vexatious litigant, he had to make application to the presiding justice of the Court of Appeal for permission to appeal, and show that the appeal had merit. He made application, and pointed out numerous (and sometimes obvious) errors the trial court had made in sustaining the demurrer. -
Trial Process in Virginia
te Trial Process In Virginia A Litigation Boutique THE TRIAL PROCESS IN VIRGINIA table of contents Overview . .3 Significant .MOtiOnS .in .virginia . .4 . Plea .in .Bar . .4 . DeMurrer. .5 . craving .Oyer . .5 Voir .Dire . anD .Jury .SelectiOn .in .virginia . .6 OPening .StateMent . .8 the .receiPt .Of .e viDence . .10 MOtiOnS .tO .Strike . the .eviDence . .12 crOSS-exaMinatiOn . .14 clOSing .arguMent. .15 Jury .inStructiOnS . .17 Making .a .recOrD .fOr .aPP eal . .17 tiMe .liMitS .fOr .nO ting .anD .Perfecting . an .aPPeal . .18 key .tiMe .liMit S .fOr . the .SuPreMe .cOurt .Of .virginia . .19 THE TRIAL PROCESS IN VIRGINIA overview The trial of a civil case in Virginia takes most of its central features from the English court system that was introduced into the “Virginia Colony” in the early 1600s. The core principles of confrontation, the right to a trial by one’s peers, hearsay principles and many other doctrines had already been originated, extensively debated and refined in English courts and Inns of Court long before the first gavel fell in a Virginia case. It is clearly a privilege to practice law in the historically important court system of the Commonwealth of Virginia, and everyone who “passes the bar” and earns the right to sit inside the well of the court literally follows in the footsteps of such groundbreaking pioneers as Thomas Jefferson, George Mason, George Wythe, John Marshall, Lewis Powell and Oliver Hill. However, this booklet is not designed to address either the history or the policy of the law, or to discuss the contributions of these and other legal giants whose legacy is the living system that we enjoy today as professional attorneys. -
Evidence in Civil Law – Germany
© Institute for Local Self-Government and Public Procurement Maribor All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retriveal system, without permission in writing from the publisher. Title: Evidence in Civil Law – Germany Authors: Christian Wolf, Nicola Zeibig First published 2015 by Institute for Local Self-Government and Public Procurement Maribor Grajska ulica 7, 2000 Maribor, Slovenia www.lex-localis.pres, [email protected] Book Series: Law & Society Series Editor: Tomaž Keresteš CIP - Kataložni zapis o publikaciji Narodna in univerzitetna knjižnica, Ljubljana 347(430)(0.034.2) WOLF, Christian, 1958- Evidence in civil law - Germany [Elektronski vir] / Christian Wolf, Nicola Zeibig. - El. knjiga. - Maribor : Institute for Local Self-Government and Public Procurement, 2015. - (Lex localis) (Book series Law & society) Način dostopa (URL): http://books.lex-localis.press/evidenceincivillaw/germany ISBN 978-961-6842-49-5 (epub) 1. Zeibig, Nicola 281112576 Price: free copy Evidence in Civil Law – Germany Christian Wolf Nicola Zeibig Evidence in Civil Law – Germany 1 CHRISTIAN WOLF & NICOLA ZEIBIG ABSTRACT The fundamental principles in civil procedure do not only serve as guiding principles for civil procedure in general, but are especially relevant in the taking of evidence process. The German Code of Civil Procedure lays down various rules in its part on the taking of evidence, which aim to specify the scope of the fundamental procedural principles as well as their limitations. This reports purposes to depict the taking of evidence process under German law by illustrating its interaction with said principles. -
Enforcement of Copyright in Australia And, in Particular, On
The Parliament of the Commonwealth of Australia &UDFNLQJGRZQRQFRS\FDWV HQIRUFHPHQWRIFRS\ULJKWLQ$XVWUDOLD House of Representatives Standing Committee on Legal and Constitutional Affairs November 2000 © Commonwealth of Australia 2000 ISBN 0 642 36634 9 &RQWHQWV Foreword...............................................................................................................................................vi Membership of the Committee............................................................................................................ viii Terms of reference ................................................................................................................................x List of abbreviations............................................................................................................................ xiii List of recommendations......................................................................................................................xv 1 Introduction...............................................................................................................1 Referral of inquiry....................................................................................................................... 1 Background to the inquiry......................................................................................................... 2 The inquiry process ................................................................................................................... 3 The report................................................................................................................................... -
Oklahoma Statutes Title 12. Civil Procedure
OKLAHOMA STATUTES TITLE 12. CIVIL PROCEDURE §12-1. Title of chapter...........................................................................................................................30 §12-2. Force of common law.................................................................................................................30 §12-3. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-4. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-5. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-6. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-7. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-8. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-9. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................31 §12-10. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31 §12-11. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31 §12-12. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31 -
Consideration of Reports Submitted by States Parties Under Article 40 of the Covenant Armenia*, ** International Covenant On
United Nations CCPR/C/ARM/2-3 International Covenant on Distr.: General 22 November 2010 Civil and Political Rights Original: English Human Rights Committee Consideration of reports submitted by States parties under article 40 of the Covenant Joint second and third periodic reports of States parties Armenia*, ** [28 April 2010] * In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not formally edited before being sent to the United Nations translation services. ** Annexes can be consulted in the files of the Secretariat. GE.10-46857 (E) 031210 CCPR/C/ARM/2-3 Contents Paragraphs Page I. Introduction........................................................................................................ 1–12 3 II. Implementation of the Covenant.......................................................................... 13–670 5 Article 1 ............................................................................................................. 13–66 5 Article 2 ............................................................................................................. 67–106 12 Article 3 ............................................................................................................. 107–152 18 Article 4 ............................................................................................................. 153–175 24 Article 5 ............................................................................................................. 176–179 -
E-Filed Stephen B
1 SAMUEL J. MUIR (SBN 89883) E-FILED STEPHEN B. LITCHFIELD (SBN 284951) 2 Jun 18, 2015 5:00 PM COLLINS COLLINS MUIR + STEWART LLP David H. Yamasaki 1999 Harrison Street, Suite 1700 Chief Executive Officer/Clerk 3 Superior Court of CA, County of Santa Clara Oakland, CA 94612 Case #1-13-CV-258281 Filing #G-73804 4 (510) 844-5100 – FAX (510) 844-5101 By C. Pinacate, Deputy 5 Attorneys for Defendants McLARAND VASQUEZ & PARTNERS, INC., McLARAND VASQUEZ EMSIEK & PARTNERS, INC., MVE & PARTNERS INC., MVE + PARTNERS, 6 INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CLARA —DOWNTOWN DISTRICT 10 CILKER APARTMENTS, LLC, ) CASE NO. 1-13-CV-258281 Complex ) [Assigned to Hon. Peter H. Kirwan; Dept. 1] 11 Plaintiffs, ) ) NOTICE OF DEMURRER AND DEMURRER 12 vs. ) TO FIRST AMENDED COMPLAINT OF 13 ) PLAINTIFF CILKER APARTMENTS, LLC WESTERN NATIONAL CONSTRUCTION, ) 14 MCLARLAND, VARQUEZ & PARTNERS, ) Date: September 11, 2015 INC., GROUP M ENGINEERS, GENTRY ) Time: 9:00 a.m. 15 ASSOCIATES CONSTRUCTION ) Dept: 1 CONSULTANTS, LARCO INDUSTRIES, ) 16 FITCH PLASTERING, COURTNEY ) 17 WATERPROOFING, CELL CRETE, LOS ) NIETOS CONSTRUCTION, MADERA ) Complaint Filed: 12/26/13 18 FRAMING, KELLY DOOR, TARA ) FAC Filed: 03/20/14 COATNGS, LDI, ADM PAINTING, ) Trial Date: 02/01/16 19 ALLIANCE BUILDING PRODUCT, JOS. J. ) ALBANESE, ANDERSON TRUSS, ) 20 CALIFORNIA CLASSIC PAVERS, CASEY-) 21 FOGIL CONCRETE CONTRACTORS, ) CENTRAL COAST STAIRS, ) 22 COMMERCIAL ROOF MANAGEMENT, ) DAVEY ROOFING, INC., DEMETRIS ) 23 PAINTING II, INC., DOORWAY MFG., ) LANDSCAPE PROS, MULTI-BUILDING ) 24 STRUCTURES, PARK WEST, PYRAMID ) 25 BUILDERS, ROBECKS WELDING & ) FABRICATION, RYLOCK COMPANY, ) 26 SUMMIT WINDOW & PATIO DOOR, ) VANGUARD and DOES 1-100, inclusive, ) 27 ) Defendants. -
Judgement--Res Judicata--General Dismissal of a Suit in Equity Upon a Demurrer Sustained
Volume 32 Issue 3 Article 7 April 1926 Judgement--Res Judicata--General Dismissal of a Suit in Equity Upon a Demurrer Sustained C. M. C. West Virginia University College of Law Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Civil Procedure Commons Recommended Citation C. M. C., Judgement--Res Judicata--General Dismissal of a Suit in Equity Upon a Demurrer Sustained, 32 W. Va. L. Rev. (1926). Available at: https://researchrepository.wvu.edu/wvlr/vol32/iss3/7 This Student Notes and Recent Cases is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. C.: Judgement--Res Judicata--General Dismissal of a Suit in Equity Up WEST VIRGINIJ LAW QUARTERLY JUDGM ENTS--RES JUDICATA-GENERAL DISMISSAL OF A SUIT IN EQUITY UPON A DEMURRER SUSTAINED.-The ques- tion to be discussed is: when there is a general dis- missal of a suit in equity upon a demurrer sustained, is that general dismissal res judicata of the subject matter of the suit as between the same parties of their privies? The general rule has long been recognized, by the West Virginia Supreme Court, that a decree dismissing generally an equity suit, without adding such words as "without preju- dice to such other suit as the plaintiff might see proper to institute", is conclusive, or res judicata.1 How far does this general rule -
In the Court of Common Pleas of Philadelphia County First Judicial District of Pennsylvania Civil Trial Division
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION ST. HILL AND ASSOCIATES, P.C., : MAY TERM 2000 Plaintiff : No. 5035 : v. : COMMERCE CASE MANAGEMENT : PROGRAM CAPITAL ASSET RESEARCH : CORPORATION, LTD., : Defendant : Control No. 070022 ............................................................................................................................................................ OPINION Plaintiff, St. Hill and Associates, P.C. (“St. Hill”) has filed a complaint against defendant, Capital Asset Research Corporation, Ltd. (“CARC”), primarily alleging that CARC owes St. Hill monies for services performed pursuant to a contract between them. CARC has filed preliminary objections to the complaint. For the reasons set forth in this Opinion, the preliminary objections are overruled in part and sustained in part. Discussion A court may properly grant preliminary objections when the pleadings are legally insufficient for one or more of several reasons enumerated in Pennsylvania Rule of Civil Procedure 1028, three of which are asserted by the defendant in this case: (2) failure of a pleading to conform to law or rule of court . .; (3) insufficient specificity in a pleading; [or] (4) legal insufficiency of a pleading (demurrer) [.] Pa.R.C.P. 1028(a)(2), (3), and (4), respectively. See Baker v. Cambridge Chase, Inc., 725 A.2d 757, 764 (Pa.Super.Ct. 1999). It is well-established that when ruling on preliminary objections in the form of a demurrer, a court accepts as true all well-pleaded, material and relevant facts, as well as every inference reasonably deducible from those facts. Willet v. Pennsylvania Medical Catastrophe Loss Fund, 549 Pa. 613, 619, 702 A.2d 850, 853 (1997)(citations omitted). Preliminary objections, which result in a denial of the pleader’s claim or the dismissal of his suit, should only be sustained in cases that clearly and without a doubt fail to state a claim for which relief may be granted under any theory of law. -
Cap. 6. Chapter 6 of the Laws 1959 Edition
CAP. 6. CHAPTER 6 OF THE LAWS 1959 EDITION PRINTED BY C. F. ROWORTH LIMITED, 54, GRAFTON WAY, LONDON, W.1. [Appointed by the Govevnmmt of Cy@w ths Government Printers of this Edition of Laws within the waning of the Evidence (Colonial Statutes) Act, 7907.1 1959 CIVIL PROCEDURE. [CAP.6. 1 CIVIL PROCEDURE. ARRANGEMENT OF SECTIONS. PARTI. PRELIMINARY. SSCEiOn Page 1 Short title ... ,.. ... ... ... 3 2 Interpretation ... ... ... ... 3 PART11. POWERS OF THE COURT. 3 Service of writ out of iurisdiction ... ... ... I Interim order for sequistration, etc. ... ... ... 5 Interim order restraining dealing with land ... ... 6 Power to arrest defendant ... ... ... 7 Interim orders made on insufficient grounds ... ... 8 Commission to take evidence ... ... ... 9 Orders without notice ... ... ... ... PART111. EXECUTION GENERALLY 10 Execution against joint property ... .... ... 11 Judgment debts to cany interest at four per cent. ... ... 12 Costs of execution ... ... ... ... 13 Disposal of proceeds of exeCution ... ... ... 14 Methods of execution ... ... ... ... 15 Orders for payment of money to be executed only under this Law... PARTIV. EXECUTION BY SALE OF MOVABLEJ. 16 What goods of the debtors are not liable to execution ... 10 17 Mode of executing Writ ... ... ... ... 10 18 Sale not to take place for three days ... ... ... 10 19 Sale to be generally by auction ... ... ... 11 20 Securities, how to be deaIt with ... ... 11 21 Proceedings where claim by thud party' ... ... 11 PARTV. EXECUTION AGAINST IMMOVABLES. Execution by Sale. 22 Writ for sale of land not to issue unless debtor has no movabl es... 12 23 What land is liable to execution ... ... ... 12 24 Issue of writ ... ... ... ... 25 Duration of writ ... ... ... ... 26 Order for sale of par0 of land first .. -
Choice of Law in Complex Litigation
CHOICE OF LAW IN COMPLEX LITIGATION LARRY KRAMER* Nearly all proceduralistsagree that all the claims in a complex case should be de. cided under a single substantive law or, at the very least, under a uniform choice-of- law rule In this paper, ProfessorKramer challenges the assumptions at the foun- dation of that consensus. In so doing, he confronts two myths of late-twentieth century procedure: that the sort of proceduralmaneuvers used to circumvent un- ambiguous Supreme Court precedents precluding federal courts from creating choice-of-law rules are legitimate;and that the unusualnature of complex litigation justifies such measures. ProfessorKramer exposes the fallacies underlying the first premisse then presents historicaland normative arguments against the second. He questions both the principle that the parties in complex litigationare similarly situ- ated with respect to the applicable law and the notion that adjudicatingsuch litiga- don under more than one law is unmanageable. Consensus is increasingly rare in today's legal world. Our profes- sion has grown so big and has such a wide assortment of groups repre- senting diverse interests that advocates are found on more than one side of almost any issue. This is especially true if the stakes are high, as in complex litigation. Few questions about how to handle these gigantic lawsuits are matters of general agreement. Choice of law is even worse, though not necessarily because the stakes are high. Con- flicts scholars just seem to like disagreement, and they have helped to confuse courts and make a mess of choice-of-law analysis. All things considered, then, it's surprising to find even partial consensus on choice of law in complex litigation.