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Everybody's Guide to Small Claims Court in California

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Executions and other process for the enforcement of judgments can issue only from the court in which the judgment for the enforcement of the execution or other final process was rendered; and the returns of executions or other final process shall be made to the court of the county from which it issued.� In all cases prior to the first day of March, 1945, where a judgment has been rendered in the superior court of one county and the transcript thereof has been docketed in the office of the clerk of the superior court of some other county or counties, all executions heretofore issued on such docketed transcript of judgment and all homestead proceedings, execution sales, judicial sales and assignments related thereto and based thereon are hereby declared to be lawful, legal and binding upon all purchasers, judgment debtors, judgment creditors, assignors and assignees, and on all parties to the original action and on all parties to or affected by any proceedings related to or based upon such execution, and all such sales, purchases, proceedings and assignments are hereby validated. (1871-2, c. 74; 1881, c. 75; Code, s. 444; Rev., s. 623; C.

Posted in Civil Procedure

Administering the Taylor Law: Public Employee Relations in

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S., s. 632; 1969, c. 895, s. 15.) �� 1-272 through 1-276:� Repealed by Session Laws 1999-216, s. 2. � 1-277.� Appeal from superior or district court judge. (a)������� An appeal may be taken from every judicial order or determination of a judge of a superior or district court, upon or involving a matter of law or legal inference, whether made in or out of session, which affects a substantial right claimed in any action or proceeding; or which in effect determines the action, and prevents a judgment from which an appeal might be taken; or discontinues the action, or grants or refuses a new trial. (b)������� Any interested party shall have the right of immediate appeal from an adverse ruling as to the jurisdiction of the court over the person or property of the defendant or such party may preserve his exception for determination upon any subsequent appeal in the cause. (1818, c. 962, s. 4, P.

Posted in Civil Procedure

The practice in special proceedings in the courts of record

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A paper signed by electronic means in compliance with the local rule constitutes a written paper presented for the purpose of applying these rules. A commentary with concordances and cross-references to appropriate jurisprudence. Some circuit courts and the Tax Court publish their local rules on their own websites. At the same time, it is provided that the number of or number of sets of interrogatories to be served may not be limited arbitrarily or as a general policy to any particular number, but that a limit may be fixed only as justice requires to avoid annoyance, expense, embarrassment or oppression in individual cases.

Posted in Civil Procedure

Cases and Materials on Appellate Practice and Procedure

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When a party is under a duty to preserve information because of pending or reasonably anticipated litigation, intervention in the routine operation of an information system is one aspect of what is often called a "litigation hold." In those circumstances. the underlying principle remains valid for all costs orders. Rule 62( c) governs the suspending, modifying, restoring, or granting of an injunction during the pendency of an, appeal.

Posted in Civil Procedure

Study Partner Baby Bar Exam Writing: Torts, Contracts,

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Accordingly, the requirement that subdivision (a)(3) materials be filed has been moved from subdivision (a)(4) to subdivision (a)(3), and it has also been made clear that they—and any objections—should be filed "promptly." The contents of the subsections show that the first authorizes the sanction of contempt (and no other) by the court in which the deposition is taken, whereas the second subsection authorizes a variety of sanctions, including contempt, which may be imposed by the court in which the action is pending.

Posted in Civil Procedure

Evidence (Butterworths Student Statutes)

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The matter of the necessity of a motion for new trial to preserve error for appeal had not been addressed in these rules. You can also use interrogatories and requests for admissions. Coversheet generated by Online Registry Division 4 PART 4 - PREPARATION AND FILING OF DOCUMENTS Division 1 - Preparation of documents generally 4.1. Unless the order referring a matter to a master specifies or limits the master's powers, those powers include, but are not limited to, the following: (1) regulating all aspects of a hearing; (2) taking all appropriate action for the efficient performance of the master's duties under the order; (3) requiring the production of evidence on all matters embraced in the reference; and (4) administering oaths and examining witnesses and parties. (b) Compensation.

Posted in Civil Procedure

Student's Guide to the Federal Rules of Civil Procedure

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Peterson & Letter of May 7, 1975, to Reuben W. VAT NO: GB 899 3725 51 We use cookies on this website to give you the very best experience. C(6)(b) Separate judgments for the same claim. The former rule was rendered obsolete by the adoption in many districts of local rules establishing six as the standard size for a civil jury. The federal Rule authorizes subclasses, which are often useful. A court-ordered consent decree is a judgment on the merits. Miller, supra 2697, and with Arkansas case law.

Posted in Civil Procedure

An "Open" Approach to Information Policy Making: A Case

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The opposing party shall file an answer and reply brief to the motion within thirty (30) days after service of the motion, unless the time for filing the response is modified by court order. (2) Argument will be scheduled for a time and date certain. Court to be advised as to subrogation to corporation PART 5 - PRELIMINARY DISCOVERY AND INSPECTION 5.1. Letter of April 14, 1977, to Richard Malmgren from Judge W. This material has been drawn directly from the official Pennsylvania Code full text database.

Posted in Civil Procedure

California Real Estate License Preparation

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In such case the party who desires to perpetuate the testimony may make a motion in the district court for leave to take the depositions, upon the same notice and service thereof as if the action was pending in the district court. S. 89C-3(9) or any person acting under his supervision and control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting as defined in G.

Posted in Civil Procedure

Letting Go. Death, Dying, and the Law

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Rosenthal, 297 F.2d 614 (8th Cir. 1961); General Motors Corp. v. Civil litigation in federal court is governed by the Federal Rules of Civil Procedure. Rule C(6)(a)(iii) is amended to give notice of the provision enacted by 18 U. Service shall be made by delivering a copy of the subpoena to the person named therein; provided, however, that a subpoena for a trial or hearing may be served by telephone by a sheriff or his deputy when the trial or hearing is to be held in the county of the witness' residence.

Posted in Civil Procedure