Open Access. Powered by Scholars. Published by Universities.®

Civil Procedure Commons™

Open Access. Powered by Scholars. Published by Universities.®

Washington Law Review

Discipline
Keyword
Publication Year

Articles 91 - 120 of 144

Full-Text Articles in Civil Procedure

Service Of Summons Upon Foreign Governments Through Their Diplomatic Representatives, Anon Jan 1966

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 Jan 1966

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 Oct 1965

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 Jun 1965

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."


Defendant's Insurance Policy And Written Witnesses' Statements Held Discoverable, Anon Jun 1965

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 Oct 1964

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 Dec 1963

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 Jul 1963

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 Jul 1963

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. Jul 1963

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 Sep 1962

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 Jul 1962

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 Nov 1961

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 Jul 1961

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 Mar 1961

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 Nov 1960

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 Jul 1960

Practice And Procedure, Raymond E. Brown

Washington Law Review

Covers cases on summary judgment.


Procedure, Philip A. Trautman Sep 1959

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 Jul 1959

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 Jul 1958

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 Nov 1957

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 Aug 1957

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 Aug 1957

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 Jul 1957

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 Jul 1957

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 Aug 1956

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 Jun 1956

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 May 1955

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 May 1955

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 May 1954

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).