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Civil Procedure

Washington Law Review

1965

Articles 1 - 3 of 3

Full-Text Articles in Law

Local Enforcemtn Of Foreign National Judgments—A New Standard, Anon Oct 1965

Local Enforcemtn Of Foreign National Judgments—A New Standard, Anon

Washington Law Review

Defendant, a resident of the District of Columbia, borrowed money from plaintiff, a Canadian resident, and secured the loan with a mortgage on a tract of land located in Ontario. The mortgage was executed in the District of Columbia and contained a clause by which defendant assented to jurisdiction of Ontario courts by substituted service in the event litigation became necessary. Plaintiff, upon defendant's default, sought foreclosure of the mortgage and a judgment in Ontario. Pursuant to Ontario statute, defendant was personally served in the District of Columbia with a writ and notice of the Ontario proceedings. Defendant failed to …


Defendant's Insurance Policy And Written Witnesses' Statements Held Discoverable, Anon Jun 1965

Defendant's Insurance Policy And Written Witnesses' Statements Held Discoverable, Anon

Washington Law Review

Plaintiff sued to recover damages for injuries received while a passenger in defendant's automobile. Upon plaintiff's motion under Alaska Rule of Civil Procedure 34, the trial court allowed discovery of defendant's automobile liability insurance policy, and of witnesses' written statements obtained by defendant's counsel, including any written statements of the defendant and plaintiff. On appeal, the Alaska Supreme Court affirmed. Held: Under Alaska Rule of Civil Procedure 34, a plaintiff is entitled to discovery of defendant's insurance policy and any written statements of witnesses which were obtained by defendant's counsel. Miller v. Harpster, 392 P.2d 21 (Alaska 1964).


Serving Substantial Justice—A Dilemma, Philip A. Trautman Jun 1965

Serving Substantial Justice—A Dilemma, Philip A. Trautman

Washington Law Review

In an article written three years ago, this author introduced the subject with the observation that, of the several grounds for a new trial in Washington, one in particular had created considerable difficulty for the supreme court, trial judges, and counsel. This was the rule permitting a new trial when "substantial justice has not been done," and followed by the provision that, "In all cases wherein the trial court grants a motion for a new trial, it shall, in the order granting the motion, give definite reasons of law and facts for so doing."