Civil Procedure Commons^™

The Courtesy Copy Trap: Untimely Removal From State To Federal Court, Robert P. Faulkner

Maryland Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Pro Se Litigants: Application Of A Single Objective Standard Under Frcp 11 To Reduce Frivolous Litigation, Brian L. Holtzclaw

Seattle University Law Review

This Comment addresses the application of Rule 11 sanctions to pro se litigants and argues that based on the language of Rule 11, the concerns expressed in the Advisory Committee Note to Rule 11, and the primary goal of Rule 11 to deter abusive pleadings, a single objective standard should be applied to all parties-attorneys, represented parties, and pro se litigants-to determine whether Rule 11 has been violated. Under this single objective standard, a pro se litigant's lack of legal representation should be considered only in determining the severity of the sanction, not in determining whether Rule 11 has been …

Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin

American University Law Review

No abstract provided.

Motions In Limine: Use And Consequences In Illinois, 26 J. Marshall L. Rev. 305 (1993), Robert G. Johnston, Thomas P. Higgins

UIC Law Review

No abstract provided.

Adverse Publicity As A Means Of Reducing Judicial Decision-Making Delay: Periodic Disclosure Of Pending Motions, Bench Trials And Cases Under The Civil Justice Reform Act, Charles Gardner Geyh

Cleveland State Law Review

The modest objective of this article is to analyze §476 in light of the purpose it was designed to serve, and to evaluate the performance of that section during the two years that it has been in operation. To do that, it is useful to begin by placing §476 in the larger context of ongoing efforts to address and remedy indefensible decision-making delays. Section II will, therefore, summarize the causes of decision-making delay, dividing them among the defensible and the indefensible, and then review existing mechanisms for alleviating indefensible delay. The point worth underscoring is that while defensible delays-particularly delays …

Child Protection Law, Suellyn Scarnecchia

Book Chapters

The Fifth and Fourteenth Amendments to the U.S. Constitution protect a parent's custodial rights. However, such rights are not absolute and may be terminated. There is no substantive due-process right to live together as a family. Doe v Oettle, 97 Mich App 183, 293 NW2d 760 (1980). Parents are not held to ideal standards in the care of their children but to minimum statutory standards. Fritts v Krugh, 354 Mich 97, 92 NW2d 604 (1958).

Civil Juries And Complex Cases: Taking Stock After Twelve Years, Richard O. Lempert

Book Chapters

Twelve years ago, as the first Reagan administration was coming into office, it appeared that the civil jury, at least in complex cases, might be on the way out. The hostility of Chief Justice Warren Burger toward the civil jury was no secret and the circuit courts were split on the question of whether the Seventh Amendment guarantee of trial allowed an exception for complex cases. The issue was ripe for Supreme Court resolution. Moreover, a body of then-recent scholarship provided the Court with some historical justification for reading a complexity exception into the Seventh Amendment as well as with …

Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin

American University Law Review

No abstract provided.

The Local Rule Revision Project: The South Dakota Experience, David Day

Faculty Publications

No abstract provided.

Adverse Publicity As A Means Of Reducing Judicial Decision-Making Delay: Periodic Disclosure Of Pending Motions, Bench Trials And Cases Under The Civil Justice Reform Act, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Self Incrimination

Touro Law Review

No abstract provided.

Trial By Jury

Touro Law Review

No abstract provided.

Special Proceedings In Ohio: What Is The Ohio Supreme Court Doing With The Final Judgment Rule, Donald I. Gitlin

Cleveland State Law Review

This note will analyze special proceedings in Ohio insofar as they relate to the appealability of interlocutory orders. Because of the complex and evolving nature of the Ohio Supreme Court's interpretation of special proceedings, this note's analysis must necessarily be largely descriptive of Ohio case law. In addition, this note will highlight differences between Ohio appellate practice and federal practice in order to acquaint the reader with the dramatically different results reached by the two systems. In addition, Part II of this note will examine what is meant by the phrase "substantial right," which appears in the second prong of …

The Neumeier-Schultz Rules: How Logical A "Next Stage In The Evolution Of The Law" After Babcock?, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham

Law Faculty Scholarly Articles

Kentucky has long needed a comprehensive family law provision for its long-arm statute. Before the general long-arm statute was amended by the 1992 General Assembly, it addressed only a narrow class of paternity cases among its specific jurisdictional provisions, ignoring the need for long-arm jurisdiction in other domestic relations cases. A second long-arm statute provided jurisdiction over some nonresidents to establish or enforce child support obligations. In the contexts of divorce and child support, Kentucky's failure to claim constitutionally available jurisdiction deprived Kentucky residents of important protection.

Recent amendments to Kentucky statutes fill previous gaps and expand Kentucky's jurisdiction in …

Cultural Literacy And The Adversary System: The Enduring Problems Of Distrust, Misunderstanding And Narrow Perspective, Jeffrey W. Stempel

Scholarly Works

The meandering road to discovery reform illustrates, among other things, the ineffectiveness of an atomized profession that lacks either sufficient understanding of the adversary system or the resources and forcefulness to address the practical impact of adversarialism. In some ways, lawyers reforming litigation can be characterized as poorer investigators than the sixsome who examined the elephant. The elephant sleuths were guilty of isolation and ignorance. Lawyers and policy makers not only exhibit a lack of information and empathy, but also often show an unwarranted distrust of or contempt for the elements of the profession with which they disagree. Unfortunately, however, …

New Paradigm, Normal Science, Or Crumbling Construct? Trends In Adjudicatory Procedure And Litigation Reform, Jeffrey W. Stempel

Scholarly Works

One aspect of a possible new era is the increasing ad hoc activity of various interest groups, including the bench and the organized bar, primarily pursued through official organizations such as the Judicial Conference, the Federal Judicial Center, the American Bar Association (“ABA”), and the American Law Institute. Traditionally, of course, judges and lawyers have lobbied Congress and state legislatures for litigation change, as demonstrated by the saga of the Rules Enabling Act (“Enabling Act” or “Act”). But, the legal profession's more recent “political” activity regarding litigation reform differs from the traditional model in several ways. First, the participation of …

Case Comments I. Federal Civil Procedure Watson V. Lowcountry Red Cross

Washington and Lee Law Review

No abstract provided.

Case Comments N. Limitation Of Actions Shofer V. Hack Co.

Washington and Lee Law Review

No abstract provided.

Rule 11: Montana Must Decide Whether To Adopt Softer Federal Version: Part I, Cynthia Ford

Faculty Journal Articles & Other Writings

This article examines the proposed changes to Rule 11 of the Federal Rules of Civil Procedure and if modified, the decision facing Montana regarding whether to incorporate the new federal changes into the state Rule 11.

Civil Justice Reform Act Advisory Group Report For The District Of South Dakota, David Day

Faculty Publications

No abstract provided.

In Defense Of Experimentation With Automatic Disclosure, Carl W. Tobias

Law Faculty Publications

It would be presumptuous of me to criticize either view articulated, and even worse form to choose sides, in the recent dispute over the merits of automatic disclosure that graced the pages of this journal. Federal civil procedure cognoscenti need no introduction to these highly respected participants in, and students of, the federal courts. Former Judge Griffin B. Bell rendered distinguished service on the United States Court of Appeals for the Fifth Circuit before President Jimmy Carter appointed him Attorney General. Senior Judge William W Schwarzer compiled an excellent record of service as a judge of the United States District …

More On Federal Civil Justice Reform In Montana, Carl W. Tobias

Law Faculty Publications

The Montana Federal District Court has been experimenting with practically all of the procedures that it included in the civil justice expense and delay reduction plan that the district formally promulgated in April 1992 under the Civil Justice Reform Act (CJRA) of 1990. The Article III judges and the magistrate judges and numerous Montana federal court practitioners have now accumulated considerable experience with the procedures instituted, while efforts are presently being undertaken to evaluate most of the procedures. Numerous new development.s regarding national implementation of federal civil justice reform have also been occurring. Important developments that implicate federal civil justice …

Updating Federal Civil Justice Reform In Montana, Carl W. Tobias

Law Faculty Publications

The Montana Federal District Court has now implemented most aspects of the civil justice expense and delay reduction plan that it formally adopted in April of 1992. Moreover, all of the judicial officers and many Montana attorneys who practice in federal court have had experience with those procedures which the plan imposes. Furthermore, there have been certain new developments relating to the implementation of federal civil justice reform nationally. This article provides an update of significant developments involving federal civil justice reform at the national level and in the Montana District as the court and practitioners enter their second year …

Civil Justice Reform In The Fourth Circuit, Carl W. Tobias

Law Faculty Publications

Congress passed the Civil Justice Reform Act of 1990 (CJRA) because it was increasingly concerned about litigation and discovery abuse in federal civil cases, growing cost and delay in such suits, and decreasing access to federal courts. The statute requires that all ninety-four federal district courts develop civil justice expense and delay reduction plans by December 1993. Thirty-four districts issued plans by December 1991, and the Judicial Conference of the United States recently designated these districts as Early Implementation District Courts (EIDC).

Three of those EIDCs, the Eastern District of Virginia, the Northern District of West Virginia, and the Southern …

Recalibrating The Civil Justice Reform Act, Carl W. Tobias

Law Faculty Publications

In 1990, Congress enacted the Civil Justice Reform Act ("CJRA"), a measure which could substantially change the nature of federal civil litigation. One aspect of the CJRA that provides evidence respecting the progress of civil justice reform is the civil justice expense and delay reduction plans issued in late 1991 by the thirty-four federal district courts which the Judicial Conference of the United States designated as Early Implementation District Courts ("EIDCs").

Congress is currently attempting to assess the reforms included in these plans, which constitute the initial significant step in implementing the CJRA. By some oversight, Congress has not invited …

Civil Justice Reform In The Western District Of Missouri, Carl W. Tobias

Law Faculty Publications

Congress passed the Civil Justice Reform Act (CJRA) of 1990 out of growing concern about litigation abuse in federal civil lawsuits, increasing cost and delay in those cases, and declining federal court access. The legislation commands every federal district court to promulgate a civil justice expense and delay reduction plan by December 1993. The statute also creates a demonstration program and designates the Northern District of California, the Northern District of West Virginia, and the Western District of Missouri as courts that are to "experiment with various methods of reducing cost and delay in civil litigation, including alternative dispute resolution. …

Silver Linings In Federal Civil Justice Reform, Carl W. Tobias

Law Faculty Publications

Many observers, including most of the participants in the civil litigation symposium, have levelled considerable criticism at the Civil Justice Reform Act of 1990 ("CJRA" or "Act") and its implementation. This criticism--which encompasses numerous phenomena, as abstract as constitutional theory and as pragmatic as numerical limitations on interrogatories--emanates from several quarters and ranges across the political spectrum.

Notwithstanding the numerous criticisms that observers have lodged at the statute and its effectuation, a number of which have considerable validity, the federal reform initiative has afforded many advantages. Unfortunately, these benefits have received comparatively little recognition. Because the reform's salutary aspects could …

Gendering And Engendering Process, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.