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Articles 121 - 150 of 170
Full-Text Articles in Civil Procedure
Defendant's Insurance Policy And Written Witnesses' Statements Held Discoverable, Anon
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).
Discovery And Experts Under The Federal Rules Of Civil Procedureq, Jeremiah M. Long
Discovery And Experts Under The Federal Rules Of Civil Procedureq, Jeremiah M. Long
Washington Law Review
The problem of delineating the boundaries of discovery under Rules 26-37 of the Federal Rules of Civil Procedure is constant, for the language of limitation in the rules themselves remains vague. The discretionary nature of these rules suggests determination of each case on its own record. The burden so imposed on district judges and the lack of definite standards in the rules themselves governing the exercise of discretion have undoubtedly contributed to the adoption by many judges of rather inflexible ancillary rules for the application of discovery in questionable areas. One of these areas concerns the extent to which expert …
Judicial Notice Of Foreign Law, Robert L. Beale
Judicial Notice Of Foreign Law, Robert L. Beale
Washington Law Review
In 1936 the Commissioners on Uniform State Laws promulgated the Uniform Judicial Notice of Foreign Law Act. To date the Act has been adopted by twenty-eight jurisdictions, including Washington. Although the purpose of the Act was commendable, and the modernization it sought to achieve greatly needed, it seems that further action, either judicial or legislative is needed in some of the states where it has been adopted. Reform is particularly necessary in Washington. This comment will explore the Washington law prior to the enactment of the Uniform Act, the intent of the Act, and the actual effect that its enactment …
Damages—Attorney's Fees, Robert L. Beale
Damages—Attorney's Fees, Robert L. Beale
Washington Law Review
In Wells v. Aetna Insurance Co. the Washington court indicated an increasing friendliness toward the allowance of attorney's fees as damages. The plaintiff, Wells, had purchased a car from a used car dealer. The dealer had earlier made what the court called a "fictitious" sale to someone else, and had then assigned the conditional sales contract to a financing company, Hayden Mills & Associates, Inc. Apparently there was a record of this sale at the state license department, but no valid release was on file there. So when Wells applied for a new registration and a new title certificate, these …
Practice And Procedure—Impeachment Of Verdicts By Jurors' Affidavits, Richard E. Keefe
Practice And Procedure—Impeachment Of Verdicts By Jurors' Affidavits, Richard E. Keefe
Washington Law Review
Gardner v. Malone, presents this problem: In what circumstances and by what evidence may a jury verdict be impeached for alleged misconduct in the jury-room? As an original proposition it would seem that, consonant with our notions of a fair trial, an improperly reached verdict should be subject to timely impeachment in every case. And further, there is no more logical means of proving such misconduct than by the testimony or affidavits of the jurors themselves. This, however, is not the law. Most American jurisdictions will not admit the testimony or affidavits of jurors to impeach their verdicts under any …
Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr.
Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr.
Washington Law Review
No abstract provided.
New Trials For Failure Of Substantial Justice, Philip A. Trautman
New Trials For Failure Of Substantial Justice, Philip A. Trautman
Washington Law Review
Of the several grounds for a new trial in Washington, one in particular has created considerable difficulty for the supreme court, the superior court judges, and counsel. The ground in question is set forth in Rules of Pleading and Procedure 59.04W(9), "That substantial justice has not been done." This is 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." The problem has been one of determining the degree of discretion resting with …
Pleading, Practice And Procedure—Sanctions For Enforcement Of Discovery—Constitutionality Of Rule 37, Richard H. Williams
Pleading, Practice And Procedure—Sanctions For Enforcement Of Discovery—Constitutionality Of Rule 37, Richard H. Williams
Washington Law Review
The Washington Supreme Court recently heard Mitchell v. Watson, a case of first impression concerning the interpretation, application, and constitutionality of Rule of Pleading, Practice and Procedure 37.2 The principles derived from the decision have an important impact upon the successful implementation of Rule 37 in Washington.
Instructing A Jury In Washington, Lloyd L. Wiehl
Instructing A Jury In Washington, Lloyd L. Wiehl
Washington Law Review
One of the most burdensome, time-consuming and vexing aspects of a jury trial is the preparation of jury instructions. Several matters in the area of instructions are particularly troublesome in Washington, and the purpose of this article is to analyze some of them, point out certain pitfalls, and make certain suggestions, with emphasis on simplification and standardization.
Pleading, Practice, And Procedure, C. David Sheppard
Pleading, Practice, And Procedure, C. David Sheppard
Washington Law Review
Covers cases on the abolition of the show cause order.
Interlocutory Appellate Review Via Extraordinary Writ, Bennett Feigenbaum
Interlocutory Appellate Review Via Extraordinary Writ, Bennett Feigenbaum
Washington Law Review
The delays inherent in appellate review long have been a source of discomfort to the profession. As a result, resourceful counsel have developed all manner of practices over the years to reduce appellate delay. Among these has been the utilization of the extraordinary writ as a means of interlocutory appellate review. That such is not the normal function of the extraordinary writ either historically or logically is beyond dispute. Nevertheless, further resort to writ practice is inevitable and imminent. As the backlog in the state supreme court increases each term, the problem of delay becomes more acute, and lawyers are …
Vacation And Correction Of Judgments In Washington, Philip A. Trautman
Vacation And Correction Of Judgments In Washington, Philip A. Trautman
Washington Law Review
After a judgment has been entered by a superior court, counsel is sometimes confronted with the problem of what steps may be taken to remedy alleged errors or mistakes. The obvious alternative is that of appeal. There are, however, other possibilities which are perhaps less widely known which may equally well serve to attain the end sought. It is the purpose of this article to examine these other possibilities for obtaining vacation and correction of judgments. The inquiry will be directed to such questions as what grounds will suffice for obtaining relief, what procedures must be followed, and what are …
Practice And Procedure, Raymond E. Brown
Practice And Procedure, Raymond E. Brown
Washington Law Review
Covers cases on summary judgment.
Procedure, Philip A. Trautman
Procedure, Philip A. Trautman
Washington Law Review
Covers expansion of in personam jurisdiction—force and effect of service of process outside of the state, court costs in actions by and against the state or a county, and jurors' fees.
Practice And Procedure, Marjorie D. Rombauer
Practice And Procedure, Marjorie D. Rombauer
Washington Law Review
Covers cases on summary judgment and on misconduct of a party—shadowing jurors.
Practice And Procedure, James C. Young
Practice And Procedure, James C. Young
Washington Law Review
Covers cases on landlord and tenant—unlawful detainer—jurisdiction over the person and on dismissal and nonsuit—voluntary nonsuit—nature of right.
The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures: Part Ii, Robert Meisenholder
The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures: Part Ii, Robert Meisenholder
Washington Law Review
Proposed rules 7 through 12 of the Rules of Pleading, Practice and Procedure, recommended by the Judicial Council and published by the Supreme Court, were considered in the Autumn, 1957, issue of the Law Review.' This second article includes comment on the general changes in present practice which would be made by proposed rules 13 through 25 and by proposed rule 42. These rules are concerned primarily with parties and joinder of claims. In run-of-the-mine cases they will not be as important as the pleading rules already discussed.
Procedure, Philip A. Trautman
Procedure, Philip A. Trautman
Washington Law Review
Covers service of process—nonresident motorist service act, method of service of summons, and service on insurance companies.
The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures (Part I), Robert Meisenholder
The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures (Part I), Robert Meisenholder
Washington Law Review
On January 2, 1957, the Supreme Court of Washington published the pleading and party rules, previously recommended by the Judicial Council for adoption as part of the procedural law of this state. The court did not make the rules effective but requested criticism and study by members of the bar. This preliminary publication permits examination for possible defects in the new procedure and acquaints the lawyers of the state with the rules in advance of their effective date. For aid in the study of the proposed rules, this article will review the general changes they would make in present Washington …
Practice And Procedure, John D. Lawson
Practice And Procedure, John D. Lawson
Washington Law Review
Covers cases on trial without a jury—use of a view to support the court's findings.
Adequacy Of Notice—Due Process, George O'Dea
Adequacy Of Notice—Due Process, George O'Dea
Washington Law Review
The purpose of this comment is to survey some of the Washington statutes and case authorities which involve notice, and to discuss them in reference to a number of recent United States Supreme Court decisions involving procedural due process considerations. It is believed that a broadened scope and meaning have been attached to "notice," as a requirement of procedural due process. This survey has been confined to the areas categorized as proceedings in rem, but it is not exhaustive of them.
The Requirement For Making Findings Of Fact And Conclusions Of Law In Washington, William D. Cameron
The Requirement For Making Findings Of Fact And Conclusions Of Law In Washington, William D. Cameron
Washington Law Review
The doctrine that a court should make findings of fact and conclusions of law as the basis of a judgment in a case tried by a court without a jury originated with the so-called "Field" Procedure Code presented to the New York legislature in 1848. Paradoxically, most western states quickly incorporated the burdensome procedure into their respective codes, while New York admirably adopted a different system. Western states, like Washington where the system of findings as a basis of the judgment in a jury-waived case has been statutory since 1854, have by and large retained the procedure. In 1938 the …
Practice And Procedure, Roger L. Williams
Practice And Procedure, Roger L. Williams
Washington Law Review
Covers cases on default judgment—failure of complaint to state facts sufficient to constitute cause of action—waiver of right to attack complaint.
Damages, Layton A. Power
Damages, Layton A. Power
Washington Law Review
Covers cases on damages for private nuisances and on interest on disputed claims.
Practice And Procedure, William G. Viert
Practice And Procedure, William G. Viert
Washington Law Review
Covers cases on consideration of inconsistent testimony by the same witness, on noting actions for trial or hearing, effect of a stipulating party who will testify as alleged, when a party may use his own deposition and has no right to examine an adverse party at trial who resides outside a prescribed area, on violations of rules on appeal, and on changes in rules on appeal.
Damages, Alice D. Hubbard, Richard K. Quinn
Damages, Alice D. Hubbard, Richard K. Quinn
Washington Law Review
Covers cases on the duty of the trial judge to award nominal damages after a finding of substantial damage (Hubbard) and on the recovery for value of good will in the conversion of business property (Quinn).
Practice And Procecdure—Rule 16—Grounds For Granting New Trial, Raymond H. Siderius
Practice And Procecdure—Rule 16—Grounds For Granting New Trial, Raymond H. Siderius
Washington Law Review
P sued D for malpractice. After a verdict for P, the trial court granted D's motion for new trial, citing Rule 16, sub. 9 of the General Rules of the Superior Court, 34A Wn2d 117, i.e., "substantial justice has not been done." The court listed in the order granting the new trial the following reasons: insufficient evidence of negligence, prejudice of a juror, statements of P's counsel tending to prejudice the. jury against D, speed of the verdict, consideration of the entire record and proceedings, and appearance and demeanor of witnesses. P appealed. Held: reversed and judgment for P according …
Rules On Appeal—Time For Filing Statement Of Facts Where Motion For New Trial Pending After Entry Of Judgment, Joanne Bailey
Rules On Appeal—Time For Filing Statement Of Facts Where Motion For New Trial Pending After Entry Of Judgment, Joanne Bailey
Washington Law Review
In a civil action tried to the court, judgment was entered immediately after the findings of fact were filed, and D moved for a new trial. Before the motion was ruled upon, he perfected an appeal. The motion was later denied, after which D gave a second notice of appeal. His statement of facts was served 125 days after the entry of judgment and forty-six days after the denial of the motion. P moved to strike the statement of facts, contending that the time for filing and serving the statement had expired ninety days after the date of entry of …
Divorce Decree—Procedure To Invoke Jurisdiction To Modify, Raymond H. Siderius
Divorce Decree—Procedure To Invoke Jurisdiction To Modify, Raymond H. Siderius
Washington Law Review
H obtained a default divorce decree under which W was given custody of two minor children and H was granted reasonable visitation privileges. Later H remarried and established residence in Montana, and, in order to enable the children to visit him there, filed a motion and affidavit for an order that W show cause why the decree should not be modified. The show cause order was granted, but meanwhile W, in an original application in the Supreme Court, requested a writ of prohibition restraining the Superior Court from modifying. She contended that Superior Court jurisdiction to modify cannot be invoked …
Injunctions—Temporary Injunction Or Temporary Restraining Order—Right To Continue In Force Pending Appeal, Roy J. Moceri
Injunctions—Temporary Injunction Or Temporary Restraining Order—Right To Continue In Force Pending Appeal, Roy J. Moceri
Washington Law Review
P, ex parte, requested a temporary restraining order. The court refused the request because the adverse party was not present. The next day both parties appeared and after oral argument by counsel, the court issued an order entitled "Temporary Injunction and Restraining Order and Order to Show Cause." The show cause order was made returnable on the same date as the trial on the merits. The trial court held for D. P gave notice of appeal and pursuant to Rem. Rev. Stat. § 1723 [P.P.C. § 5-25] and Rules on Appeal 24, 34A Wn. 2d 27, moved that the court …