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Articles 91 - 120 of 170
Full-Text Articles in Civil Procedure
News-Source Privilege In Libel Cases: A Critical Analysis, David Joseph Smith
News-Source Privilege In Libel Cases: A Critical Analysis, David Joseph Smith
Washington Law Review
This comment first examines the recent cases in which a libel plaintiff was impeded by the use of a qualified privilege from obtaining the identity of news sources behind an allegedly defamatory story. It next discusses the historical development of the constitutional news-source privilege and concludes that neither traditional first amendment press clause doctrine nor the United States Supreme Court's decision in Branzburg v. Hayes is authority for such a privilege. This comment then points out that courts which nonetheless recognize a constitutional news-source privilege in civil cases have given the same protection to all sources, regardless of the publication's …
Pleading Principles And Problems In Washington, Philip A. Trautman
Pleading Principles And Problems In Washington, Philip A. Trautman
Washington Law Review
It has now been a little over two decades since the present rules governing pleading became effective in Washington. It was on January 1, 1960 that the pertinent Washington Civil Rules, patterned after the Federal Rules of Civil Procedure, took effect. With some twenty years of experience to draw upon, it seems appropriate to review that experience with the hope of embellishing the stark provisions of the rules themselves, clarifying some of the problems that have arisen, and evaluating whether the objectives sought in the rules have been achieved.
Pleading Principles And Problems In Washington, Philip A. Trautman
Pleading Principles And Problems In Washington, Philip A. Trautman
Washington Law Review
It has now been a little over two decades since the present rules governing pleading became effective in Washington. It was on January 1, 1960 that the pertinent Washington Civil Rules, patterned after the Federal Rules of Civil Procedure, took effect. With some twenty years of experience to draw upon, it seems appropriate to review that experience with the hope of embellishing the stark provisions of the rules themselves, clarifying some of the problems that have arisen, and evaluating whether the objectives sought in the rules have been achieved.
Malicious Prosecution Counterclaims Now Allowable In The Principal Action—Implicit Abandonement Of The Doctrine Of Strict Limitation—Wash. Rev. Code § 4.24.350 (Supp. 1977), Richard D. Vogt
Washington Law Review
With the enactment of R.C.W. § 4.24.350,however, the Washington State Legislature has made the malicious plaintiff an endangered species in this state. The statute eliminates two major common law roadblocks—one procedural, the other substantive—to successful assertion of an action for malicious prosecution of an ordinary civil suit. Unfortunately, because the new law is so intimidatingly expansive in its apparent scope, potential plaintiffs with arguably valid claims may also be deterred from seeking legal redress.
Mental Commitment And The Principle Of Equivalence, Stephen E. Oliver
Mental Commitment And The Principle Of Equivalence, Stephen E. Oliver
Washington Law Review
This comment advances the argument—herein referred to as the principle of equivalence—that because these trial and commitment proceedings are analytically more similar than different, the same standards of due process should be applied to each.
Civil Procedure—Environmental Class Actions: Economic Ramifications Of The Rule 23 Nonaggregation Doctrine—Zahn V. International Paper Co., 414 U.S 291 (1973), James C. Carmody
Civil Procedure—Environmental Class Actions: Economic Ramifications Of The Rule 23 Nonaggregation Doctrine—Zahn V. International Paper Co., 414 U.S 291 (1973), James C. Carmody
Washington Law Review
This note will examine the impact of Zahn v. International Paper Co. within the context of environmental litigation. It will briefly trace the history of the nonaggregation doctrine relied upon and reaffirmed by the Zahn majority, and describe the limitations imposed upon would-be federal plaintiffs by that doctrine. The note then will examine various alternative modes of adjudication, including the ancillary jurisdiction alternative suggested by dissenting Justice Brennan, which would have been preferable to the position adopted by the majority. Finally, and most importantly, the note will take a hard look at the deleterious economic effects of Zahn upon environmental …
Constitutional Law—Trial By Jury Guaranty Of Seventh Amendment: Local Court Rule May Establish Number Of Jurors At Six In Federal Civil Cases—Colgrove V. Battin, 413 U.S. 149 (1973), Mark S. Davidson
Washington Law Review
In the late 1960s, dockets in federal courts were becoming increasingly crowded, the backlog of criminal cases having more than doubled in the decade 1958-68. One suggestion for relieving pressure on the dockets was reduction of jury size in civil jury trials from 12 to some lesser number. In the absence of a constitutional amendment, however, the seventh amendment appeared to bar such a reduction in jury size. Nevertheless, within the span of a few years the Supreme Court was to announce a series of decisions which eliminated the constitutional significance of the number 12 and permitted the adoption of …
Outcomes Of Six- And Twelve-Member Jury Trials: An Analysis Of 128 Civil Cases In The State Of Washington, Gordon Bermant, Rob Coppock
Outcomes Of Six- And Twelve-Member Jury Trials: An Analysis Of 128 Civil Cases In The State Of Washington, Gordon Bermant, Rob Coppock
Washington Law Review
Support is growing for increased use of six-member juries in civil cases. Presently, a jury with less than twelve members is available by stipulation in Washington superior courts, and the possibility that a six-member panel will become compulsory in the future is enhanced by positive reports from those experimenting with a mandatory six-member jury.
Constitutional Law—Creditor-Debtor Law: Procedural Due Process And Washington's Prejudgment Seizure Procedures—Fuentes V. Shevin, 407 U.S. 67 (1972), P. A. G.
Washington Law Review
A recent United States Supreme Court decision, Fuentes v. Shevin, and two recent Washington Court of Appeals decisions, Lucas v. Stapp and Seattle Credit Bureau v. Hibbitt, held that except in extraordinary situations the due process clause of the fourteenth amendment to the United States Constitution requires notice and an opportunity to be heard before any significant property interest can be seized by actions involving government officials. Under these cases, Washington's attachment, garnishment, and replevin statutes appear to be unconstitutional insofar as they provide for prejudgment seizure of a defendant's property without prior notice and an opportunity to be heard. …
Assignments And Transfers Affecting Federal Diversity Jurisdiction, Barry E. Wolf
Assignments And Transfers Affecting Federal Diversity Jurisdiction, Barry E. Wolf
Washington Law Review
This comment examines the application of section 1359 to assignments and transfers which affect federal diversity jurisdiction. Throughout the following discussion, the focus is directed toward the determination of more uniform standards for the interpretation of the statute. The purpose of section 1359, from which general guidelines may be drawn, is examined in part I. Part II includes a survey of cases which have dealt with assignments and transfers to invoke or defeat federal diversity jurisdiction. Certain factors the courts have relied on, and certain rules they have developed, in attempting to answer the questions posed above will be explained, …
Discovery In Washington, Philip A. Trautman
Discovery In Washington, Philip A. Trautman
Washington Law Review
The purpose of this article is to review the developments in Washington under the discovery rules and to point up particularly some of the more common problem areas. This is appropriate not only because of the passage of time and accumulation of experience under the rules, but also because of the recent adoption of new federal discovery rules on July 1, 1970. The new federal rules are intended to remedy defects and clarify ambiguities existing under the 1938 federal discovery rules, the ones now basically controlling in Washington. One may anticipate growing discussion and eventual promulgation of part or all …
Creditor-Debtor Law—Wage Garnishment In Washington: A Postscript—Washington's New Garnishment Statute.—Ch. 264, Wash. Laws Of 1969 And Ch. 61, Wash. Laws Of 1970 (Rcw Ch. 7.33), Anon
Washington Law Review
The purpose of this note is to reexamine the practice of wage garnishment in Washington in light of the three major developments in the law since the Empirical Study—the enactment by Congress of the Federal Consumer Credit Protection Act, the enactment by the Washington Legislature of a new garnishment act, and the Supreme Court's decision in Sniadach v. Family Finance Corporation. The major emphasis will be on the Washington Garnishment Act, to determine how it comports with the constitutional restrictions on prejudgment garnishment set forth in Sniadach, and to measure its effectiveness as a remedy for the problems which existed …
Motions For Summary Judgment: Their Use And Effect In Washington, Philip A. Trautman
Motions For Summary Judgment: Their Use And Effect In Washington, Philip A. Trautman
Washington Law Review
In general, summary judgment procedure may be used to determine what need exists for a trial, according to whether there is a genuine issue as to any material fact, and whether one of the parties is entitled to judgment as a matter of law. By enabling an early conclusion to litigation, summary judgments minimize expenditures of time and money by the parties, and serve the public interest by decreasing court congestion. Availability of the procedure may eliminate the necessity of the extensive preparations otherwise required for a trial. Even when judgment is not rendered on the whole case or for …
Attorney-Client Privilege—Contempt: The Dilemma Of Non-Disclosure Of Possibly Privileged Information.—Dike V. Dike, 75 Wash. Dec. 2d 1, 448 P.2d 490 (1968), Anon
Washington Law Review
A recent Washington case examines the attorney's dilemma. In Dike v. Dike, the Washington Supreme Court reviewed a summary contempt conviction imposed upon an attorney for refusing to reveal the whereabouts of his client, the defendant in a pending divorce action. The client had removed her daughter from the temporary court-awarded custody of a third party, and would not return the child. Having failed to answer a motion to hold his client in contempt for violating the custody order, the attorney was directed to appear, and either produce the defendant or show cause why he could not produce her. The …
Civil Procedure In France, By Peter Herzog With Martha Weser(1967), Jean-Louis Baudouin
Civil Procedure In France, By Peter Herzog With Martha Weser(1967), Jean-Louis Baudouin
Washington Law Review
The Columbia University School of Law project on international procedure has already published three books on foreign civil procedure. Civil Procedure in France is a significant and most important addition to this series, for to my knowledge it constitutes the first comprehensive study of modern French civil procedure in the English language.
Foreword: Wage Garnishment—An Extraordinary Remedy Run Amok, Mark T. Patterson
Foreword: Wage Garnishment—An Extraordinary Remedy Run Amok, Mark T. Patterson
Washington Law Review
There are cases on the basis of which the present Washington statute can be upheld as constitutional. Whether these cases actually remain the law of the land although they have not been expressly overruled is open to question. It cannot be denied, however, that a case can be made for legislative change in the interest of the people of the state. The facts are clear to anyone who wishes to seek them out. Because of the defendants' financial inability to withstand the pressure of a writ of garnishment, unscrupulous collectors through the use of this statute are every day recovering …
Wage Garnishment In Washington—An Empirical Study, C. Kenneth Grosse, Charles W. Lean
Wage Garnishment In Washington—An Empirical Study, C. Kenneth Grosse, Charles W. Lean
Washington Law Review
The empirical data presented in this note were derived from studies conducted over a period of several months by members of the Washington Law Review. The most important project in terms of time and resource allocation was a study of 187 randomly selected case files taken from Seattle District Justice Court. The results of this study are reproduced in the Appendix. Three other studies were undertaken, consisting of telephone surveys of selected groups of collectors, employers, and union representatives. The results of these are not reproduced in tabulated form but the more significant data are set out in the text …
Wage Garnishment In Washington—An Empirical Study, C. Kenneth Grosse, Charles W. Lean
Wage Garnishment In Washington—An Empirical Study, C. Kenneth Grosse, Charles W. Lean
Washington Law Review
The empirical data presented in this note were derived from studies conducted over a period of several months by members of the Washington Law Review. The most important project in terms of time and resource allocation was a study of 187 randomly selected case files taken from Seattle District Justice Court. The results of this study are reproduced in the Appendix. Three other studies were undertaken, consisting of telephone surveys of selected groups of collectors, employers, and union representatives. The results of these are not reproduced in tabulated form but the more significant data are set out in the text …
Foreword: Wage Garnishment—An Extraordinary Remedy Run Amok, Mark T. Patterson
Foreword: Wage Garnishment—An Extraordinary Remedy Run Amok, Mark T. Patterson
Washington Law Review
There are cases on the basis of which the present Washington statute can be upheld as constitutional. Whether these cases actually remain the law of the land although they have not been expressly overruled is open to question. It cannot be denied, however, that a case can be made for legislative change in the interest of the people of the state. The facts are clear to anyone who wishes to seek them out. Because of the defendants' financial inability to withstand the pressure of a writ of garnishment, unscrupulous collectors through the use of this statute are every day recovering …
Evolution In Washington Choice Of Law—A Beginning, Philip A. Trautman
Evolution In Washington Choice Of Law—A Beginning, Philip A. Trautman
Washington Law Review
Professor Trautman discusses Washington's new "most significant relationship" approach to conflict of laws by examining the recent cases of Baffin and Goble in relation to traditional approaches and the Restatement (Second). Because the cases mark the beginning of an evolutionary process in Washington, the author emphasizes the need to explore, find, and articulate the relevant factors to be considered in applying the "most significant relationship" test. Professor Trautman gives the Washington court and bar some useful beginning points for the case-by-case development of new and better conflict of laws rules.
Evolution In Washington Choice Of Law—A Beginning, Philip A. Trautman
Evolution In Washington Choice Of Law—A Beginning, Philip A. Trautman
Washington Law Review
Professor Trautman discusses Washington's new "most significant relationship" approach to conflict of laws by examining the recent cases of Baffin and Goble in relation to traditional approaches and the Restatement (Second). Because the cases mark the beginning of an evolutionary process in Washington, the author emphasizes the need to explore, find, and articulate the relevant factors to be considered in applying the "most significant relationship" test. Professor Trautman gives the Washington court and bar some useful beginning points for the case-by-case development of new and better conflict of laws rules.
Accelerated Waiver Of The Physician-Patient Privilege, Anon
Accelerated Waiver Of The Physician-Patient Privilege, Anon
Washington Law Review
Plaintiff, a clerk-typist, sitting at her desk, was injured in the arm by a falling windowpane. She commenced a personal injury action against her employer and the owners and managers of the building in which she was injured. During pre-trial deposition, the plaintiff's attorney objected to the questioning of the plaintiff's physician on grounds of the physician-patient privilege. Deposition was adjourned. On defendant's application to the court on the motion calendar the judge ordered the doctor to answer questions about plaintiff's medical history in regard to suspected similar arm injuries. Commencement of the personal injury action waived her physician-patient privilege. …
Accelerated Waiver Of The Physician-Patient Privilege, Anon
Accelerated Waiver Of The Physician-Patient Privilege, Anon
Washington Law Review
Plaintiff, a clerk-typist, sitting at her desk, was injured in the arm by a falling windowpane. She commenced a personal injury action against her employer and the owners and managers of the building in which she was injured. During pre-trial deposition, the plaintiff's attorney objected to the questioning of the plaintiff's physician on grounds of the physician-patient privilege. Deposition was adjourned. On defendant's application to the court on the motion calendar the judge ordered the doctor to answer questions about plaintiff's medical history in regard to suspected similar arm injuries. Commencement of the personal injury action waived her physician-patient privilege. …
Propriety Of Special Interrogatories To Explain Inconsistent Verdicts In Consolidated Actions, Anon
Propriety Of Special Interrogatories To Explain Inconsistent Verdicts In Consolidated Actions, Anon
Washington Law Review
Two automobiles, approaching at right angles to each other, collided midway in an intersection controlled by a traffic signal. The guest-passenger in Car One was fatally injured. The administratrix of his estate (hereinafter referred to as plaintiff) brought a wrongful death action against the driver of Car Two, alleging negligence. In a separate action the driver of Car Two sought property and personal injury damages from the host-driver of Car One, alleging the latter's negligence. The host-driver of Car One counterclaimed for property damage, alleging negligence on the part of the driver of Car Two. Since the three claims arose …
Pattern Jury Instructions: Some Suggetions On Use And The Problem Of Presumptions, George Neff Stevens
Pattern Jury Instructions: Some Suggetions On Use And The Problem Of Presumptions, George Neff Stevens
Washington Law Review
Professor Stevens' article had its genesis as a book review of the New York Pattern Jury Instructions-Civil, Vol. 1 and 2 (temporary) (1965); it soon became apparent, however, that the project was of larger dimensions than most book reviews. Accordingly, and to facilitate proper indexing, the editors decided to publish the manuscript as an article. Professor Stevens critically appraises the New York pattern instructions and compares them with those of California, Illinois and other states. Because of the imminent publication of similar instructions for Washington, Professor Stevens offers some practical proposals such as appending federal annotations to pattern instructions for …
Our Burden Of Burdens, Lloyd L. Wiehl
Our Burden Of Burdens, Lloyd L. Wiehl
Washington Law Review
Judge Lloyd L. Wiehl critically examines the different standards utiliced by the Washington Supreme Court to measure and describe the burden of proof in civil cases. He concludes that the present formulas should be converted into standards based on the probability theory.
Service Of Summons Upon Foreign Governments Through Their Diplomatic Representatives, Anon
Service Of Summons Upon Foreign Governments Through Their Diplomatic Representatives, Anon
Washington Law Review
Plaintiff steamship line, a Greek corporation, filed a libel in personam in Federal District Court for the District of Columbia against the Republic of Tunisia for unpaid demurrage allegedly accrued on plaintiff's ship while it was in Tunisian waters. Summons was issued to the Tunisian government, to be served upon its agent, the Tunisian Ambassador to the United States. Although no evidence established that the Ambassador had personally declined service, defendant United States Marshal returned the summons unexecuted, with the explanation that "the within named principal agent, having Diplomatic Immunity, and being listed on the Diplomatic List of the State …
The Use Of Experts By International Tribunals, By Gillian White (1965), Seymour W. Wurfel
The Use Of Experts By International Tribunals, By Gillian White (1965), Seymour W. Wurfel
Washington Law Review
No abstract provided.
Local Enforcemtn Of Foreign National Judgments—A New Standard, Anon
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 …
Serving Substantial Justice—A Dilemma, Philip A. Trautman
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."