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Litigation

Mercer Law Review

1999

Articles 1 - 3 of 3

Full-Text Articles in Law

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell, Matthew E. Cook Dec 1999

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell, Matthew E. Cook

Mercer Law Review

This survey period yielded several notable decisions covering the professional malpractice affidavit/pleading requirement, renewal actions, attorney-client relations, and the summary judgment standard. Refinements in the areas of insurance practice, jury qualifications, releases, default judgment, and privileges lend important guidance to practitioners, judges, and scholars in the area of trial practice and procedure. The most significant legislative development of trial practice and procedure addressed the longstanding "vanishing venue" doctrine.


Appellate Practice And Procedure, William M. Droze, Andrea L. Siedlecki Jul 1999

Appellate Practice And Procedure, William M. Droze, Andrea L. Siedlecki

Mercer Law Review

Appellate practice and procedure often dictates the resolution of cases presented for review. Although procedural rules are not implemented in a vacuum, and the particular facts and legal questions raised by each case necessarily determine their application, an analysis of appellate practice provides a valuable tool in assessing judicial trends by portraying the judicial character in a manner that transcends the peculiar circumstances of a given case.

An evaluation of recent appellate practice reveals an increased emphasis on judicial economy and efficiency. During 1998, the Eleventh Circuit appeared aware of the necessity of providing practitioners, parties, and lower courts with …


Trial Practice And Procedure, Philip W. Savrin, Robert W. Capobianco Jul 1999

Trial Practice And Procedure, Philip W. Savrin, Robert W. Capobianco

Mercer Law Review

This Article surveys the 1998 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.

II. STATUTE OF LIMITATIONS

III. JURISDICTIONAL ISSUES

IV. PREEMPTION

V. ABSTENTION

VI. APPELLATE JURISDICTION

VII. MISCELLANEOUS