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Civil Procedure Commons™

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St. Mary's University

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Articles 61 - 85 of 85

Full-Text Articles in Civil Procedure

Appellant Need Not Evince Due Diligence In Securing A Statement Of Facts When Court Reporter's Notes Are Unavailable., Peter N. Susca Jr. Dec 1976

Appellant Need Not Evince Due Diligence In Securing A Statement Of Facts When Court Reporter's Notes Are Unavailable., Peter N. Susca Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Civil Commitment In Texas - An Illusion Of Due Process., Willis Luttrell Sep 1976

Civil Commitment In Texas - An Illusion Of Due Process., Willis Luttrell

St. Mary's Law Journal

Abstract Forthcoming.


Appeal Will Not Be Dismissed For Failure To Timely File Record Where Reasonable Explanation For Such Failure Is Shown., David E. Chamberlain Sep 1976

Appeal Will Not Be Dismissed For Failure To Timely File Record Where Reasonable Explanation For Such Failure Is Shown., David E. Chamberlain

St. Mary's Law Journal

Abstract Forthcoming.


Justiciability In Texas: A Study In The Law Of Public Contracts., Kenneth L. Malone Jun 1976

Justiciability In Texas: A Study In The Law Of Public Contracts., Kenneth L. Malone

St. Mary's Law Journal

Abstract Forthcoming.


Summary Judgment: Let The Movant Beware., Patrick K. Sheehan Jun 1976

Summary Judgment: Let The Movant Beware., Patrick K. Sheehan

St. Mary's Law Journal

Abstract Forthcoming.


A Defendant Has The Right To Be Sued In County Of Domicile When Suit Arises Out Of A Consumer Transaction., Sylvester Anthony Mauro Mar 1976

A Defendant Has The Right To Be Sued In County Of Domicile When Suit Arises Out Of A Consumer Transaction., Sylvester Anthony Mauro

St. Mary's Law Journal

Abstract Forthcoming.


Contempt Power Of The Equity Court Over Outside Agitators., John F. Dobbyn Mar 1976

Contempt Power Of The Equity Court Over Outside Agitators., John F. Dobbyn

St. Mary's Law Journal

Abstract Forthcoming.


A Final Judgment May Be Vacated When The Same Accident Produces Divergent Results In A Federal And A State Court., James F. Pigg Sep 1975

A Final Judgment May Be Vacated When The Same Accident Produces Divergent Results In A Federal And A State Court., James F. Pigg

St. Mary's Law Journal

Abstract Forthcoming.


Private Damage Actions Under Sec Rule 10b-5 Are Limited To Actual Purchasers Or Sellers Of Securities., Roberta Gail Weatherby Sep 1975

Private Damage Actions Under Sec Rule 10b-5 Are Limited To Actual Purchasers Or Sellers Of Securities., Roberta Gail Weatherby

St. Mary's Law Journal

Abstract Forthcoming.


Evidence Admissible During The Punishment Stage Of A Criminal Trial., Joseph F. Smith Mar 1975

Evidence Admissible During The Punishment Stage Of A Criminal Trial., Joseph F. Smith

St. Mary's Law Journal

Abstract Forthcoming.


The Environmental Class Action After Snyder And Zahn: Obtaining Federal Diversity Jurisdiction Over The Class Through Application Of Ancillary Jurisdiction., Jeffrey D. Lavenhar Dec 1974

The Environmental Class Action After Snyder And Zahn: Obtaining Federal Diversity Jurisdiction Over The Class Through Application Of Ancillary Jurisdiction., Jeffrey D. Lavenhar

St. Mary's Law Journal

Abstract Forthcoming.


The Omnibus Proceeding: Clarification Of Discovery In The Federal Courts And Other Benefits., J. Michael Myers Jun 1974

The Omnibus Proceeding: Clarification Of Discovery In The Federal Courts And Other Benefits., J. Michael Myers

St. Mary's Law Journal

Abstract Forthcoming.


Exercise Of Federal Court Jurisdiction Not Specifically Conferred - Introduction: If This Be Treason., Robert K. Walsh Sep 1973

Exercise Of Federal Court Jurisdiction Not Specifically Conferred - Introduction: If This Be Treason., Robert K. Walsh

St. Mary's Law Journal

Abstract Forthcoming.


A Prejudgment Remedy Myst Provide Notice And A Prior Hearing., Michael J. Noonan Jun 1973

A Prejudgment Remedy Myst Provide Notice And A Prior Hearing., Michael J. Noonan

St. Mary's Law Journal

Abstract Forthcoming.


Difficulty In Maintaining Truth In Lending Suits As Class Actions., Sue M. Hall Jun 1973

Difficulty In Maintaining Truth In Lending Suits As Class Actions., Sue M. Hall

St. Mary's Law Journal

Abstract Forthcoming.


Requirements For Impeachment Of Sheriff Returns As Good Excuse When Setting Aside Domestic Default Judgments., Joseph H. Vives Jun 1973

Requirements For Impeachment Of Sheriff Returns As Good Excuse When Setting Aside Domestic Default Judgments., Joseph H. Vives

St. Mary's Law Journal

Abstract Forthcoming.


A Further Liberalization Of The Minimum Contracts Requirement., James P. Brennan Jun 1973

A Further Liberalization Of The Minimum Contracts Requirement., James P. Brennan

St. Mary's Law Journal

Abstract Forthcoming.


The Federal Jury., Joe J. Fisher Mar 1973

The Federal Jury., Joe J. Fisher

St. Mary's Law Journal

Abstract Forthcoming.


Viability Of The Discovery Rule As A Criterion To Determine When A Cause Of Action Accrues In Medical Malpractice Actions., Glory Sturiale Mar 1973

Viability Of The Discovery Rule As A Criterion To Determine When A Cause Of Action Accrues In Medical Malpractice Actions., Glory Sturiale

St. Mary's Law Journal

Abstract Forthcoming.


Interlocutory Orders Are Not Appealable In Government Civil Antitrust Litigation., Donald C. Mccleary Mar 1973

Interlocutory Orders Are Not Appealable In Government Civil Antitrust Litigation., Donald C. Mccleary

St. Mary's Law Journal

Abstract Forthcoming.


Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton Mar 1970

Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton

St. Mary's Law Journal

Limiting jury consideration to facts, as opposed to the outcome, best serves special issue systems. The purpose of the special issues system is to ensure juries answer the presented questions without bias or prejudice. Though several writers have persuasively advocated for advising juries of the consequences of their findings, doing so seems to undermine the purpose of special issue systems because it allows for juries to answer questions with reference to their desired outcome. To ensure juries answer issues on the facts alone, trial judges should not give a jury, directly or indirectly, any information that may apprise them of …


An Appeal From Judgment Entered Pursuant To Texas Rule Of Civil Procedure 174(B), Separate Trials, Is Interlocutory And There Is No Basis For Treating An Order For A Separate Trial As An Order Of Severance., James A. Smith Mar 1970

An Appeal From Judgment Entered Pursuant To Texas Rule Of Civil Procedure 174(B), Separate Trials, Is Interlocutory And There Is No Basis For Treating An Order For A Separate Trial As An Order Of Severance., James A. Smith

St. Mary's Law Journal

Abstract Forthcoming.


Continuing Problems Of Travel And Transportation., Leslie H. Williams Jr. Mar 1969

Continuing Problems Of Travel And Transportation., Leslie H. Williams Jr.

St. Mary's Law Journal

The Texas Workmen’s Compensation Act works to protect employees against the risk or hazard of performing their job and compensates that employee for injuries sustained in the course of employment. In 1957, after an increasing number of travel-oriented injuries involving scope of employment, the legislature amended the Act to limit judicial interpretation. This amendment added subsection b to section 1 of article 8309 to clarify the rules created from recent caselaw. Section 1b reconciled and enumerated four exceptions to the common law rule that an injury which occurs during the use of public streets or highways while traveling to and …


Manufactured Diversity Of Citizenship By Which An Out-Of-State Guardian Was Selected To Prosecute The Suit Of A Resident Minor, Did Not Constitute An Adequate Foundation For Federal Jurisdiction., Dennis J. Healey Mar 1969

Manufactured Diversity Of Citizenship By Which An Out-Of-State Guardian Was Selected To Prosecute The Suit Of A Resident Minor, Did Not Constitute An Adequate Foundation For Federal Jurisdiction., Dennis J. Healey

St. Mary's Law Journal

Abstract Forthcoming.


The Two Year Statute Of Limitations Is Tolled By The Defendant's Absence From The State After The Accrual Of The Action, Notwithstanding The Availability Of A Statute Providing For Substitute Service Of Process., Joe M. Westheimer Jr. Mar 1969

The Two Year Statute Of Limitations Is Tolled By The Defendant's Absence From The State After The Accrual Of The Action, Notwithstanding The Availability Of A Statute Providing For Substitute Service Of Process., Joe M. Westheimer Jr.

St. Mary's Law Journal

Abstract Forthcoming.