Download or read book Discovery Proceedings in Federal Court written by and published by . This book was released on 1995 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discovery Proceedings in Federal Court written by and published by McGraw-Hill Companies. This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Shepard s Discovery Proceedings in Federal Practice written by and published by McGraw-Hill Companies. This book was released on 1983 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guidebook to federal discovery rules & their applications in federal practice provides quick practice points, a discussion of function & scope of discovery, & an analysis of discovery procedure. Extensive coverage of local rule provisions for each federal district court is included in the work.
Download or read book Cases and Materials on Discovery Practice in the Federal Courts written by Steve Donweber and published by Createspace Independent Publishing Platform. This book was released on 2016-06-11 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Cases and Materials on Discovery Practice in the Federal Courts contains detailed analysis of the 2015 amendments to the Federal Rules of Civil Procedure as they pertain to discovery. This edition also includes a sampling of the latest cases on proportionality, discovery of social media information, discovery from mobile devices, and the preservation of ESI and the imposition of sanctions under new Rule 37(e). *** Discovery is the voluntary exchange of information between the parties during the course of litigation. It is commonly accepted now, but it is not an ancient practice by any means. Rather, it is only since 1938, with the adoption of the Federal Rules of Civil Procedure, that there has been liberal discovery in the federal courts. Prior to that time, discovery in the federal courts was severely limited, and, even as the federal rules were being drafted in the mid-1930s, many members of the bench and bar very much wanted to keep it that way. They feared (perhaps rightly) that any liberalization of discovery would result in the proliferation of the much dreaded "fishing expedition," where a party was permitted to poke around willy-nilly in the opposing party's files. Indeed, the "fishing expedition" bugaboo had haunted the profession for generations, effectively preventing any loosening of the restrictions on discovery. The problem, however, for the anti-"fishing expedition" crowd at least, was that the structure of the new rules almost mandated liberal discovery. It was a major goal of the rules' drafters to shift the pleadings phase of the litigation away from the establishment of facts and the narrowing of issues (as had been the purposes of the pleadings at common law) toward the simple provision of "notice" of the parties' claims and defenses. This shift had profound ramifications. As the new rules restricted the pleadings to the narrow role of providing notice, there arose the need for another mechanism to facilitate factual development and narrowing of issues. The mechanism the drafters chose was liberal discovery, and it was to be controlled by Rules 26-37. (From the Introduction ...)
Download or read book Discovery Proceedings Under the Federal Rules written by James Alexander Fowler and published by . This book was released on 1955 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discovery Problems and Their Solutions written by Paul W. Grimm and published by American Bar Association. This book was released on 2009 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated and expanded edition describes the problems that litigators encounter most frequently in pretrial discovery and presents suggestions and strategies for solving these problems. Following a discussion on the scope and types of discovery, discovery problems are presented as hypotheticals followed by a discussion that includes the law and helpful practice tips. Particular emphasis has been placed on the interpretation of the new rules, and evolving case law, concerning discovery of electronically stored information.
Download or read book Handbook of Federal Civil Discovery and Disclosure written by Jay E. Grenig and published by West Group Publishing. This book was released on 1998 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discovery Practice written by Roger S. Haydock and published by Wolters Kluwer. This book was released on 2016-01-01 with total page 1134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discovery Practice, Eighth Edition gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whether to do it, and how to do it -- at every stage of the discovery process. Turn to this trusted guide for thorough, up-to-date clarification of: Insurance discoverability Discovery abuse -- its penalties and sanctions Confidentiality and discovery of trade secrets Use of experts Use of investigation files Use of witness statements Protective orders Invoking Rule 29 powers Tapes and telephones depositions Using the Manual for Complex Litigation Foreign discovery Discovery in administrative hearings Discovery in arbitration. Plus detailed coverage of such cutting edge areas as e-mail depositions and FOIA proceedings. Appendices include ready to adapt sample forms. Now, with all the practice tips and valuable strategies packed into Discovery Practice, you can Facilitate early and thorough disclosure of information Quickly determine a core of undisputed facts Intensively promote and pursue a negotiated settlement.
Download or read book California Jury Instructions Civil written by California. Superior Court (Los Angeles County). Committee on Standard Jury Instructions, Civil and published by . This book was released on 2002 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Handbook of Federal Civil Discovery and Disclosure written by Jay E. Grenig and published by West Group Publishing. This book was released on 1928 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Representing Yourself in Federal Court written by United States Disctrict Court and published by Createspace Independent Publishing Platform. This book was released on 2017-08-04 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook is designed to help people dealing with civil lawsuits in federal court without legal representation. Proceeding without a lawyer is called proceeding "pro se1," a Latin phrase meaning "for oneself," or sometimes "in propria persona," meaning "in his or her own person." Representing yourself in a lawsuit can be complicated, time consuming, and costly. Failing to follow court procedures can mean losing your case. For these reasons, you are urged to work with a lawyer if possible. Chapter 2 gives suggestions on finding a lawyer. Do not rely entirely on this Handbook. This Handbook provides a summary of civil lawsuit procedures, but it may not cover all procedures that may apply in your case. It also does not teach you about the laws that will control your case. Make sure you read the applicable federal and local court rules and do your own research at a law library or online to understand your case. The United States District Court for the Northern District of California has Clerk's Offices in the San Francisco, San Jose and Oakland courthouses. Clerk's Office staff can answer general questions, but they cannot give you any legal advice. For example, they cannot help you decide what to do in your lawsuit, tell you what the law means, or even advise you when documents are due. There are Legal Help Centers in the San Francisco, Oakland and San Jose courthouses where you can get free help with your lawsuit from an attorney who can help you prepare documents and give limited legal advice. This attorney will not be your lawyer and you will still be representing yourself. See Chapter 2 for more details.
Download or read book A Real World Guide to Staying Discovery in Federal Court written by Amir Shachmurove and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to many, discovery under the Federal Rules of Civil Procedure (“Rules” collectively, or “Rule” individually) imposes a multiplicity of financial and administrative burdens on parties and courts. True, much debate rages over the true extent of these costs; true, mindboggling costs only accrue in the rarest of cases. Still, each party's entitlement to the other's evidence is normally independent of any specific action's underlying merits. Consequently, as the Seventh Circuit observed in 2008 in Limestone Development Corp. v. Village of Lemont, more than a few defendants have been “forced to conduct expensive pretrial discovery in order to demonstrate the groundlessness of ... [a particular] plaintiff's claim.” Today, whatever the merits of one or more plaintiffs' substantive claims, countless defendants seek to circumvent this danger by pairing a motion to dismiss under Rule 12 or a motion for summary judgment under Rule 56 with a separate plea for a stay of discovery pursuant to Rules 1 and 26(c). Unfortunately, because case law establishes no uniform standard by which such pleas are to be adjudicated, they often fail, to the consternation of a chagrined multitude. Though frustration is understandable, some unambiguous rules-of-thumb can be gleaned from this tenacious tangle. This short piece provides a guide for these tenets' real-world use.Posted with permission from Law360. Copyright © 2021 Law360. For the published copy of this piece, see https://www.law360.com/articles/1442232/a-real-world-guide-to-staying-discovery-in-federal-court, and for more information about this publication, https://www.law360.com.
Download or read book Globalization of Discovery written by Lucas V.M. Bento and published by Kluwer Law International B.V.. This book was released on 2019-11-21 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery—the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.’s generous discovery tools, particularly 28 U.S.C. § 1782 (“Section 1782”), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782’s interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person “found” in the district, pursuant to Section 1782? Who qualifies as an “interested person?” What is a “foreign or international tribunal?” Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel—jurisdictional reach, receptivity, circumvention and burden—be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.
Download or read book A Guide to Federal Discovery Rules written by James L. Underwood and published by . This book was released on 1985 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
