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Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff
Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff
Michigan Law Review
The elimination of the "sporting theory" of justice, the simplification of procedure, and the prompt disposition of controversies on their merits are the great objectives of the new federal civil practice. One of the principal means for the attainment of these purposes is discovery, by which a disclosure may be obtained in respect to all pertinent information in the possession of any party to a litigation. An exception is, of course, made for privileged matter. It is one of the basic theories of the new procedure that every party to a law suit is under a duty to reveal to …
Federal Courts - Rules Of Federal Procedure - Production Of Designated Documents And Things Under Rule 34, William C. Wetherbee Jr.
Federal Courts - Rules Of Federal Procedure - Production Of Designated Documents And Things Under Rule 34, William C. Wetherbee Jr.
Michigan Law Review
Plaintiff sued for damages and loss of profits caused by the unlawful acts of the defendant beginning in January, 1937. Under rule 34 of the new federal rules the defendant moved that the court order the plaintiff to produce its books showing the company's commercial results for the period prior to January 1, 1936; its duplicate federal income tax returns for the years 1934 to 1938; and all copies of statements furnished to any bank or credit company over a period of some five years. Held, motion granted in regard to books of account and duplicate income tax returns …
Practical Results Of Federal Equity Rule 75 (B) As To Restatement Of Testimony In Narrative Form, Marion L. Severn
Practical Results Of Federal Equity Rule 75 (B) As To Restatement Of Testimony In Narrative Form, Marion L. Severn
Michigan Law Review
During the twenty-four years since the adoption of the narrative form for records on appeal in the federal courts under Equity Rule 75 (b), there have been some printed comments and criticisms of the rule as well as informal and unrecorded discussion by the bench and bar. The more recent comments on the working out of the rule vary little from the prophecies made soon after its adoption. There is not much of value that can be added to the theoretical discussions of the rule either by its proponents or its opponents. But there remain certain highly important practical questions: …
Process--Privilige Of Nonresident Attorney
Process--Privilige Of Nonresident Attorney
Michigan Law Review
The defendant, an attorney at law and resident of Minnesota, came into Wisconsin to take depositions to be used in suits pending in Minnesota. Upon arrival he and the witnesses were served with an injunction restraining the taking of the depositions. While awaiting a hearing upon the injunction, in which he intended to appear in his own behalf and as attorney for the witnesses, personal service of a Wisconsin summons in the instant action was made upon him, naming as defendants himself and the law firm of which he was a member. A motion to set aside the service of …