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Civil Procedure Commons

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Full-Text Articles in Civil Procedure

Conformity And The Rules Of Civil Procedure: Lessons From Tennessee, Matthew Lyon Dec 2016

Conformity And The Rules Of Civil Procedure: Lessons From Tennessee, Matthew Lyon

Matthew Lyon

Pennsylvania's judges and lawyers are considering whether to
make changes to their complicated system of conflicting local civil
rules, which has its vestiges in the scheme that existed prior to the
adoption of the 1968 Pennsylvania Constitution and its complete
revisions to Article V.1 At the heart of this debate is the question of
whether conformity between the rules of civil procedure at the
different levels of our federalist system—local, state, and federal—
is desirable. In deciding whether a change is necessary to the local
rules in the commonwealth, decision makers in the Keystone State
should seek guidance from other …


Comin' Through The Rye: A Requiem For The Tennessee Summary Judgment Standard, Matthew Lyon, Judy M. Cornett, T. Mitchell Panter Dec 2015

Comin' Through The Rye: A Requiem For The Tennessee Summary Judgment Standard, Matthew Lyon, Judy M. Cornett, T. Mitchell Panter

Matthew Lyon

What must a defendant do to be granted summary judgment in
Tennessee? This question has given rise to a long, hotly contested
battle over the proper role of summary judgment and, ultimately,
who should bear the burden of producing evidence and when. The
evolution of Tennessee’s summary judgment standard—from the
adoption of the Tennessee Rules of Civil Procedure in 1971 to the
Tennessee Supreme Court’s most recent interpretation of Rule 56 in
2015—is a story of competing visions of the benefits and burdens
associated with civil litigation. How much time should an aggrieved
party have to marshal evidence in support …


"Workers' Compensation And The Separation Of Powers In Tennessee", Matthew Lyon Nov 2012

"Workers' Compensation And The Separation Of Powers In Tennessee", Matthew Lyon

Matthew Lyon

No abstract provided.


Redefining Summary Judgment By Statute: Has The General Assembly Overruled The Tennessee Supreme Court’S Decision In Hannan?, Matthew Lyon, Judy M. Cornett Apr 2012

Redefining Summary Judgment By Statute: Has The General Assembly Overruled The Tennessee Supreme Court’S Decision In Hannan?, Matthew Lyon, Judy M. Cornett

Matthew Lyon

No abstract provided.


Contested Elections As Secret Weapon: Legislative Control Over Judicial Decisionmaking, Matthew R. Lyon, Judy M. Cornett Dec 2011

Contested Elections As Secret Weapon: Legislative Control Over Judicial Decisionmaking, Matthew R. Lyon, Judy M. Cornett

Matthew Lyon

No abstract provided.


Shady Grove, The Rules Enabling Act, And The Application Of State Summary Judgment Standards In Federal Diversity Cases, Matthew Lyon Dec 2010

Shady Grove, The Rules Enabling Act, And The Application Of State Summary Judgment Standards In Federal Diversity Cases, Matthew Lyon

Matthew Lyon

No abstract provided.


Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Matthew R. Lyon, Judy M. Cornett Dec 2010

Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Matthew R. Lyon, Judy M. Cornett

Matthew Lyon

No abstract provided.


No Means No?: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew Lyon Dec 2003

No Means No?: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew Lyon

Matthew Lyon

No abstract provided.