Civil Procedure Commons^™

Romandette V. Weetabix Co., Inc., 807 F. 2d 309 - Court Of Appeals, 2nd Circuit 1986, Roger J. Miner '56

Circuit Court Opinions

Anthony Romandette appeals pro se from an order of the United States District Court for the Southern District of New York (Brieant, J.) dismissing his diversity action for failure to effect service of the summons and complaint, Fed.R.Civ.P. 4, and for neglect to prosecute, Fed.R.Civ.P. 41(b). At the time the lawsuit was instituted — December 3, 1984 — and throughout most of the litigation, Romandette was incarcerated. Due to his incarceration, he was dependent upon prison library facilities to research his legal claims and, because of his in forma pauperis status, dependent upon United States Marshals to effectuate service of …

Oklahoma Civil Appeals - Writs, Interlocutory Appeals And Final Orders, David Swank

David Swank

No abstract provided.

Repuation And Character In Defamation Actions, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Iowa Mutual Insurance Co. V. Laplante, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Asahi Metal Industry Co. V. Superior Court Of California, Solano County, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Board Of Directors Of Rotary International V. Rotary Club Of Duarte, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

California V. Rooney, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary

Scholarly Works

The most noteworthy and important developments in trial practice and procedure during this survey period came as the result of legislation. Headlining these new laws is a measure designed to combat frivolous lawsuits by empowering judges to award reasonable attorney's fees and court costs against any party, plaintiff or defendant, who asserts a claim or defense that lacks substantial justification, or who otherwise abuses the process of adjudication. The adoption of this legislation spurred the supreme court to create a new tort of abusive litigation in Yost v. Torok.

For the second consecutive year, the legislature shortened the time in …

The Federal Rules In State Courts: A Survey Of State Court Systems Of Civil Procedure, John B. Oakley, Arthur F. Coon

Washington Law Review

In this article we present a new survey of the civil procedures of the fifty states and the District of Columbia. We seek to identify those jurisdictions that have systematically replicated the Federal Rules as the basis for practice before their civil courts. We also seek to identify states whose civil procedures are more loosely modeled on the Federal Rules, paying special attention to each state's procedural disparity from or conformity to the federal model for the pleading of a civil case.

Discretionary Review Of Trial Court Decisions Under The Washington Rules Of Appellate Procedure, Geoffrey Crooks

Washington Law Review

The Washington Rules of Appellate Procedure (RAP) became effective July 1, 1976. These rules completely replaced all prior rules governing appellate procedure. Among the most important changes from prior practice was the creation of discretionary review as one of only two methods for seeking review of trial court decisions. The former procedures for seeking review, particularly interlocutory review, "by extraordinary writs of review, certiorari, mandamus, prohibition, and other writs formerly considered necessary and proper to the complete exercise of appellate and revisory jurisdiction," were superseded. The drafters' comment explains that the intent behind this change was to simplify and clarify …

Terry White: A Two-Front Negotiation Exercise, Philip G. Schrag

West Virginia Law Review

No abstract provided.

The Modern Status Of The Rules Permitting A Judge To Punish Direct Contempt Summarily, Teresa S. Hanger

William & Mary Law Review

No abstract provided.

Rule 4: Service By Mail May Cost You More Than A Stamp, Ann Varnon Crowley

Indiana Law Journal

No abstract provided.

Forum Non Conveniens: A Doctrine In Search Of A Role, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.

Jury Instructions: A Bibliography. Part I: Civil Jury Instructions, Cheryl R. Nyberg, Carol Boast

Librarians' Articles

Pattern jury instructions are used by trial judges to explain the law to jurors in language that they can understand and that provide consistency from one trial to another. This bibliography contains references to 156 recent and dated compilations of civil jury instructions. An index to acronyms for civil jury instructions is included.

Sanctions Under Amended Federal Rule 11–Some "Chilling" Problems In The Struggle Between Compensation And Punishment, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.

Burger King Corp. V. Rudzewicz, 105 S. Ct. 2174 (1985), Robert C. Shearman

Florida State University Law Review

Civil Procedure-PERSONAL JURISDICTION-DUE PROCESS LIMITS THE REACH OF FLORIDA'S LONG-ARM STATUTE IN BRINGING CONTRACT DEFENDANTS TO THE HOME OF THE WHOPPER

Civil Procedure, Kenneth Kandaras, Catherine Wozniak

Loyola University Chicago Law Journal

No abstract provided.

Proposals To Amend Rule 68- Time To Abandon Ship, Stephen B. Burbank

University of Michigan Journal of Law Reform

It is no surprise that, having included "facilitating the settlement of the case" as one of the objectives of pretrial conferences in the 1983 amendments to Rule 16 of the Federal Rules of Civil Procedure, the Advisory Committee has turned its attention to Rule 68. The Rule was intended to provide an incentive to settle by requiring that a prevailing claimant who has declined a more favorable offer of judgment pay post-offer "costs." But, in the Advisory Committee's view, Rule 68 has proved ineffective. The concern, apparently, is not that too few civil cases filed in federal court are settled-less …

Civil Procedure, 18 Loy. U. Chi. L.J. 317 (1986), Kenneth Kandaras, Catherine Wozniak

UIC Law Open Access Faculty Scholarship

No abstract provided.

Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson

Law Faculty Publications

This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1985 and May 1986. This article also comments on cases in volumes three and four of Virginia Circuit Court Opinions, many of which were decided before 1985, but it is appropriate to mention them here since they were only recently made generally available through publication. There have been no major changes in the area of Virginia civil procedure during the period …

Proposals To Amend Rule 68 - Time To Abandon Ship, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Extraterritorial Discovery Under The Hague Evidence Convention, Marguerite E. Trossevin

Villanova Law Review

No abstract provided.

Police Interrogation And Confessions, Yale Kamisar

Book Chapters

In the police interrogation room, where, until the second third of the century, police practices were unscrutinized and virtually unregulated, constitutional ideals collide with the grim realities of law enforcement.

Religion And Procedure, Robert E. Rodes

Journal Articles

God has no use for procedural rules since He knows the full truth and is able to exercise absolute justice simultaneously alongside complete mercy. This paper discusses the religious significance of legal rules of procedure in light of this truth. It finds that since we, unlike God, are inherently fallible, we are forced to implement procedures in the legal pursuit of our goals of truth, justice, and mercy. These procedures remain imperfect in implementing these goals, as compromises must often be made between competing values such as mercy on one hand and justice on the other. Nevertheless, though legal procedure …

The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert

Articles

My focus today will be on the twelve-person unanimous jury and on the contrasts between such juries and six-person juries or twelve-person juries than can return verdicts by ten-two or nine-three votes. Until about fifteen years ago, it appeared that the sixth and seventh amendments required all federal juries to have twelve members who reached unanimous verdicts, and it appeared possible that the Supreme Court would force the states to conform to the federal standards. Instead, the court did almost the opposite. It sanctioned juries as small as size six in state criminal cases and federal civil cases, and it …

Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones

University of Richmond Law Review

Since the last report, administrative law in Virginia has continued to develop on both the legislative and judicial fronts. This year's General Assembly enacted amendments to the state's administrative procedure statute which embody the third and final round of recommendations by the Governor's Regulatory Reform Advisory Board. The major changes were the standardization of procedures for obtaining judicial review of state agency action and the embodiment in statute of a corps of independent hearing officers.

Note: This submission also includes a small preface from the Law Review Editorial Staff.

Casenotes: Constitutional Law — Civil Procedure — Landlord And Tenant — Rent Escrow Statute Requiring Payment Into Escrow Of Accrued Rents Pursuant To Demand For Jury Trial In Summary Eviction Proceeding Is An Unconstitutional Infringement Of The Right To Jury Trial — Lucky Ned Pepper's Ltd. V. Columbia Park & Recreation Ass'n, 64 Md. App. 222, 494 A.2d 947 (1985), David J. Weymer

University of Baltimore Law Review

No abstract provided.

Federal Marital Privileges In A Criminal Context: The Need For Further Modification Since Trammel The

Washington and Lee Law Review

No abstract provided.

Aronson And Its Progeny: Limiting Derivative Actions Through Demand Requirements, 19 J. Marshall L. Rev. 571 (1986), Andrew Emerson

UIC Law Review

No abstract provided.