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The Meaning Of The Term Trial Within The Ohio Rules Of Civil Procedure, Patrick Carroll
The Meaning Of The Term Trial Within The Ohio Rules Of Civil Procedure, Patrick Carroll
Cleveland State Law Review
The lack of a definition of a trial in the Federal Rules has not posed any serious problems. Unlike the Ohio procedural system, the Federal Rules do not employ the term "trial" to delineate any rights of parties involved in litigation. Thus, there is no pressing need for such a definition in the Federal Rules. Within the Ohio Rules, however, the word "trial "is frequently used to determine the rights of parties. The lack of a workable definition of a trial in the Ohio procedural system has therefore related problems not encountered in the federal courts. 'The first section of …
Depositions And Power Of Notary To Punish For Contempt In Ohio, Richard W. Schwartz
Depositions And Power Of Notary To Punish For Contempt In Ohio, Richard W. Schwartz
Cleveland State Law Review
The deposition plays an important role in the modern-day practice of law. The enormous backlog of cases in the courts requires preservation of precious testimony during the long wait prior to trial. In addition, the deposition is a valuable tool in evaluating a case, especially during settlement negotiations. Finally, the deposition is a prime means of discovering vital information. The notary public presides at the deposition, and is invested with quasi-judicial powers, including the power to punish for contempt. This paper will briefly survey both the procedural aspects of the deposition and the quasi-judicial power of the notary public.