Rules of Civil Procedure

News & Analysis as of

Missouri Appellate Court Holds Timing Requirements for Requests for Admissions are Not Mere Suggestions

Requests for admissions propounded pursuant to Missouri Rule of Civil Procedure 59.01 are likely to get any litigant’s attention, if only due to the potential consequences for failing to timely respond. The rule says such...more

Ninth Circuit Issues First Amendment Ruling in Court Filings Access Case

On Tuesday, the Ninth Circuit issued an important opinion concerning the First Amendment in Courthouse News Service v. Michael Planet (Apr. 8, 2014 11-57187). Courthouse News Service (“CNS”) had filed the lawsuit against the...more

Asbestos Alert: Paulus v Crane Co.

Second District Court of Appeal, Division Three, Action # B246505 (Filed Feb. 21, 2014, modified Mar. 24, 2014) 2014 WL 1157284 ____Cal.App.4th____ - Sufficiency of Expert Testimony to Prove Causation; Bankruptcy Trust...more

“Procedural and Evidentiary Issues in Condemnation Cases: What Gets in and What Doesn’t?”

Traditional eminent domain trial work is unique. Liability, in the true sense of the word, is not at issue, and very often there is only one simple question for the jury to answer – what amount of money will adequately and...more

The Supreme Court Holds that Preferability May Hinge on Substantive Access to Justice

In AIC Limited v. Fisher, 2013 SCC 69, the Supreme Court of Canada ruled on what makes a class action a preferable procedure under s.5(1)(d) of the Class Proceedings Act, 1992. The Supreme Court’s decision on this point came...more

Extension of Time to Appeal May Not Be Available When a Party Has Failed Adequately to Monitor Events in a Case

If you do not learn of a federal trial court’s dispositive order until more than 30 days after the order’s entry, can you still appeal? A recent decision in Texas instructs that the answer may be “No.” In Two-Way Media, LLC...more

International Ediscovery: Best Practices Around the World

Over six thousand athletes from eighty-five countries have gathered to compete. When you sit down to watch the events, remember that behind every flag is a unique legal system, with diverse privacy laws and ediscovery...more

Amendments to Florida Rules of Civil Procedure Effective January 1, 2014

The Florida Supreme Court has adopted various amendments to the rules of civil procedure that became effective on January 1, 2014. To see all of the redlined changes and to read the decision of the Court adopting these...more

Arizona Local Counsel Information

Lewis Roca Rothgerber LLP has prepared this document to inform counsel we work with who are outside of Arizona about certain recurring issues that they should be aware of when litigating here. The document obviously is not...more

Rosalie’s Perfect So Cal Stip – Re: California Code Of Civil Procedure 2025.520

For a witness that is represented by counsel: We will stipulate that the court reporter may be relieved of her duties under the code; that she will forward the original transcript to witness’ counsel for...more

The risk of self-incrimination in cross-border disputes: Enforcing U.S. Letters of Request in Canada

In Treat Canada Ltd. v. Leonidas, [2012] O.J. No. 5551, the Ontario Court of Appeal considered the jeopardy to the privilege against self-incrimination in an appeal from an Ontario order enforcing a letter of request for...more

While You Are Gorging — FRCP 45 (Non-Party Subpoenas) Changes Take Effect 12/1/13

When we all return to work from Thanksgivukkah weekend, Federal Rule of Civil Procedure (FRCP) 45, governing non-party subpoenas, will have changed, effective December 1, 2013. To review the new content, follow one or both...more

Top 5 Ediscovery Case Summaries – September 2013: Colorado - A “Practical Approach” Must Be Used to Address Discovery Scope...

DCP Midstream LP v. Anadarko Petroleum Corp., 2013 WL 3225846 (Colo. June 24, 2013). In this contract law case, the Supreme Court of Colorado remanded the case due to the trial court’s inability to “take an active role...more

Federal District Courts Continue to Use Local Patent Rules

In our last post, we discussed proposed amendments to the Federal Rules of Civil Procedure recently published for comment by the Judicial Conference Advisory Committee. Two years ago, I sat on a similar advisory committee...more

Litigating in California State Court, but Not a Local? Plan for the Procedural Distinctions — Pleading and Motion Practice

This is the third in Snell & Wilmer’s series, “Welcome to California Business Litigation.” California business litigation differs substantially from business litigation in most other parts of the United States, particularly...more

The Anti-Deficiency Protections of Code of Civil Procedure Section 580b Apply to “Short Sales” Approved by Lenders

A California Court of Appeal recently addressed the issue of whether the anti-deficiency protections of Code of Civil Procedure (“CCP”) section 580b applied after a borrower, with her lender’s approval, sold her residence in...more

Oklahoma Supreme Court Strikes Down Tort Reform

The Oklahoma Supreme Court handed down two decisions on June 4, 2013 with respect to the constitutionality of the Comprehensive Lawsuit Reform Act of 2009 (“Tort Reform Act” or “Act”). The first opinion, Wall v. Marouk, 2013...more

Amending the Oklahoma model Tribal Gaming Compact

The recent “settlement agreement” between the Cheyenne-Arapaho Tribes and the Governor of Oklahoma (Exhibit A hereto) has revived interest in amendment of the terms of the Model Tribal Gaming Compact (the “Compact”) (Exhibit...more

Get Ready for New Ediscovery Rules in Minnesota

The month of July ensures some much needed warmth in Minnesota after an offensively wintery spring, but July also brings an exciting new set of amendments to the Minnesota Rules of Civil Procedure. From July 1, 2013 onward,...more

Texas Supreme Court Revises New Rules for Expedited Trials and Dismissal of Baseless Claims Following End of Public Comment Period

Introduction - Following considerable public comment, the Texas Supreme Court revised and issued final approval of new rules providing for expedited trials and dismissal of baseless claims. Despite pleas from various...more

Texas Looks to “Rejuvenate the Courthouse” With New Rules for Expedited Trial, Permissive Interlocutory Appeal and New “Loser...

Introduction - In 2011, the Texas Legislature passed House Bill 274, directing the Texas Supreme Court to promulgate new rules reducing the expense and delay of litigation. House Bill 274 calls for early “dismissal of...more

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