Civil Procedure Commons^™

Book Review. Civil Procedure In Swedish By R. B. Ginsburg And A. Bruzelius, Jurij Fedynskyj

Articles by Maurer Faculty

No abstract provided.

Prior West Virginia Equity Practice Regarding Necessary Joinder Of Parties As Precedent Under Rule 19, David Gail Hanlon

West Virginia Law Review

No abstract provided.

"Civilizing" Nonjury Trials, F. R. Lacy

Vanderbilt Law Review

This article is intended to make people think about American procedure, yet it is devoted largely to a description of Austrian and Israeli civil procedure and perhaps that calls for some disclaiming and confessing and avoiding. I have spent only a few months in the two countries and have no doubt that I am open to the charge, made against far more seasoned American comparatists, that I tend to look at foreign systems through American conceptual spectacles. By way of avoidance let me offer, first, the usual defense of the popularizer. There never will be many serious students of comparative …

Civil Procedure: The Tempest Brews, Brainerd Currie

Faculty Scholarship

No abstract provided.

Unification Of The Civil And Admiralty Rules: Why And How, Brainerd Currie

Faculty Scholarship

No abstract provided.

Abstracts Of Recent Cases, Ward Day Stone Jr.

West Virginia Law Review

No abstract provided.

Findings Of Fact, James M. Carter, Bruce V. Wagner

San Diego Law Review

To many of us rules of procedure are nebulous and for that reason we emphasize substantive rules of law even though most of us know the importance of the former. The authors hope in the following material to remove some of this cloudiness from one limited phase of procedure, that of "fact finding." This article is meant to be of assistance to trial judges on whom the final responsibility for preparation of the findings rests. It is also aimed at counsel who may assist in the preparation or who may object to the findings made by the court. Lastly, students …

Procedure--Rule 36--Request For Admissions, Ralph Charles Dusic Jr.

West Virginia Law Review

No abstract provided.

Comments On Recent Cases, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Certified Cases Under The Statutes And The Rules Of Civil Procedure, Frank C. Haymond

West Virginia Law Review

No abstract provided.

Trial--Argument Of Council--Use Of Formula Not Based On Evidence, Forest Jackson Bowman

West Virginia Law Review

No abstract provided.

The Next Step: Uniform Rules For The Courts Of Appeals, Milton D. Green

Vanderbilt Law Review

The adoption of the Federal Rules of Civil Procedure in 1938 maybe regarded as one of the great landmarks of procedural reform in the United States. The many innovations and improvements over prior practice which were effected are well known. Not the least of these was the achievement of uniformity of procedure in all of the federal district courts of the United States, replacing the chaotic confusion which had existed under the Conformity Act.' Although the Federal Rules were addressed primarily to practice and procedure in the district courts, they also dealt with certain aspects of appellate practice. This was …

Abstracts Of Recent Cases, Aaron David Trub

West Virginia Law Review

No abstract provided.

A Basic Introduction To The New West Virginia Rules Of Civil Procedure, Lee Silverstein

West Virginia Law Review

On October 20, 1959, the Supreme Court of Appeals of West Virginia entered an order which will bring about a comprehensive reform of civil procedure in the circuit courts' of the state and in inferior courts of record which have civil jurisdiction. Rule 1. (For convenience, most citations to the new Rules and Forms are carried in the body of the text in italics rather than in footnotes.) The order promulgates a new system of pleading and practice known as the West Virginia Rules of Civil Procedure for Trial Courts of Record. Rule 85. The effective date will be July …

Resolution Of The Michigan Law Faculty On The Death Of Edson Read Sunderland, Michigan Law Review

Michigan Law Review

A tribute to the memory of Edson Read Sunderland.

Legal Writings Of Edson R. Sunderland, Michigan Law Review

Michigan Law Review

The following bibliography, with some additions and corrections supplied to the editors, is reprinted by permission of Professor Sunderland's family who presented the original to him in 1957 on the occasion of his eighty-fourth birthday.

Calamandrei: Procedure And Democracy, Charles Alan Wright

Michigan Law Review

A Review of Procedure and Democracy. By Piero Calamandrei.

A Plea For A Return To Rule 51 Of The Federal Rules Of Civil Procedure In North Carolina, J. Francis Paschal

Faculty Scholarship

No abstract provided.

Civil Procedure--Insurance Companies As Real Parties In Interest, Joseph B. Helm

Kentucky Law Journal

No abstract provided.

Procedural Techniques For Belated Attacks On Judgments In Indiana

Indiana Law Journal

No abstract provided.

Impeachment Of Witnesses On Collateral Matters, J. Leland Brewster

Kentucky Law Journal

No abstract provided.

Joint Tortfeasors In Tennessee And The New Third-Party Statute, Robert W. Sturdivant

Vanderbilt Law Review

Chapter 145 of the 1955 Public Acts' enacted by the Tennessee Legislature, purporting in some degree to permit a third-party action, has evoked considerable interest among members of the Tennessee Bar and liability insurance carriers.

The act provides that when a defendant deems some other party primarily liable to the plaintiff, then the defendant may file a cross action against the third party. It will be recalled that when the Federal Rules of Civil Procedure were first promulgated, Rule 14 provided that a defendant, deeming a third party liable to himsel for to the plaintiff, could make such third party …

The Place Of The Federal Rules In The Teaching Of Procedure, Delmar Karlen

Vanderbilt Law Review

If there is any proposition upon which teachers of procedure seem to agree it is that the Federal Rules ought to be a focal point of interest in the study of their subject. Most casebooks on general procedure published in recent years emphasize their concentration upon the Federal Rules: Vanderbilt's Cases on Modern Procedure and Judicial Administration, Field and Kaplan's Materials on Civil Procedure, Brown, Vestal and Ladd's Cases and Materials on Pleading and Procedure, to mention only a few. And when older casebooks, like Scott and Simpson's Cases and Other Materials on Civil Procedure or Clark's Cases on Modern …

Book Review. Jurisdiction And Judgments: Cases And Statutes By William W. Blume And C. W. Joiner, John A. Bauman

Articles by Maurer Faculty

No abstract provided.

Book Review. Civil Procedure Of The Trial Court In Historical Perspective By Robert Wyness Millar, Elvis J. Stahr Jr.

Articles by Maurer Faculty

No abstract provided.

The Scope Of Summary Judgment Under The Federal Rules, Henry N. Williams

Vanderbilt Law Review

The Federal Rules of Civil Procedure provide that, under appropriate circumstances, either the plaintiff or the defendant may seek and obtain a summary judgment.' The detailed requirements of Rule 56 have been discussed elsewhere, and they will not be discussed herein other than as they aid in delineating the area covered by summary judgments. In determining the scope of Rule 56, the purpose of the rules as a whole must be considered as well as the effect of the discovery procedures of the rules. In addition the summary judgment rule must be explicitly distinguished from a motion for judgment on …

Federal Civil Procedure Rule 43(A): A Freak Among The Rules, Thomas F. Green Jr.

Vanderbilt Law Review

Rule 43(a) is an anomaly in the Federal Rules of Civil Procedure.'Attorney General Cummings, the chief sponsor of the enabling act, apparently did not contemplate the inclusion of any rule dealing with the admissibility of evidence. The American Bar Association, which sponsored similar bills before Congress for years, laid much of the groundwork but abandoned the project prior to successful completion. A report of the Association's committee charged with the duty of "pushing" the then current version of the bill stated that the court rules were not to deal with evidence. The broadest expression in the bill which was enacted …

Book Review. Cases On Modern Pleading By Charles E. Clark, John A. Bauman

Articles by Maurer Faculty

No abstract provided.

The New Missouri Code Of Civil Procedure--A Sister State Answers The Challenge, John J. Czyzak

Kentucky Law Journal

No abstract provided.

Federal Appellate Procedure--Certiorari--Consideration Of Constitutional Objections Not Preserved On The Record, W. E. C.

West Virginia Law Review

No abstract provided.