Rules of Civil Procedure

News & Analysis as of

Should an arbitrator sign on all pages of the arbitration award?

Legal Rule - Under normal circumstances the general rule is that an arbitration award shall be valid only if signed on all pages by the arbitrator. However the exception to this rule is that the arbitrator's signature on...more

Special Rules for Eviction Actions

In a recent case, the Arizona Court of Appeals addressed the special rules of procedure for eviction actions. The eviction rules became effective January 1, 2009. In Sotomayor v. Sotomayor-Munoz, 735 Ariz. Adv. Rep. 28...more

New Rule Clarifies that there is no “Right” To Oral Argument in Pennsylvania

Pennsylvania’s recent amendment to Rule 211 of the Rules of Civil Procedure appears on the surface to be a major overhaul, but a peek under the hood reveals that the change reflects prevailing law and enshrines the discretion...more

Compromising and Settling of Derivative Suits In California

When a shareholder sues derivatively, the shareholder is seeking relief not for itself, but for the corporation. Therefore, it should be expected that the shareholder is not free to compromise or dismiss the suit absent...more

The Uncertainty of Remand in Texas

The United States District Courts in Texas continue to issue conflicting opinions regarding the analysis to be used in determining whether a state court petition contains sufficient allegations against a nondiverse defendant...more

What is the correct way to determine jurisdiction of disputes with participation of investors in the subsoil use sphere?

Resolution of disputes with participation of investors - Under provisions of the new Civil Procedure Code1 effective from 1 January 2016, there is a special procedure for the consideration of certain “investment...more

Five-Year Dismissal Statute not Tolled by Order Staying the Case

Milton Howard Gaines v. Fidelity National Title Insurance Company - Supreme Court of California (February 25, 2016) - Code of Civil Procedure (hereafter “C.C.P.”) § 583.310 requires an action to be brought to...more

The New Normal for Distressed Energy Companies

Part One — Vendors at the Gates - A. Introduction - As sub-$30 oil prices continue to place mounting pressure on struggling energy companies, we are seeing a steady uptick in claims by unpaid vendors and suppliers....more

Do You Think You can Recover The $1100 Fee For Designating A Case To Business Court As A "Cost"? Maybe You Can't.

Recovering the $1,000+ fee for designating a case to the Business Court seems like the unattainable Holy Grail for successful parties in the Court. That's so even though the NC General Assembly amended the statute listing...more

Supreme Court Order Underscores Importance of Prebriefing Statements

Prebriefing Statements, which are sometimes referred to as Rule 12A Statements, are often viewed and treated as preliminary statements of the issues that will be later briefed on appeal. A recent Rhode Island Supreme Court...more

Expedited Jury Trials Are Here to Stay and Now Mandatory in Some Limited Civil Cases

Effective January 1, 2016, AB 555 makes permanent the voluntary expedited jury trial procedures set forth in CCP § 630.01 et seq. These procedures were added to the Code of Civil Procedure in 2011 to reduce the cost of...more

Major Changes to the Commercial Division Rules and What They Mean for New York Litigants

For a long time, practice in New York’s Commercial Division was a double-edged sword. Stacked with the state’s most sophisticated judges, a tilt towards aggressive case management practices, and an inclination towards...more

Back to basics... The Scottish Civil Justice System

Scotland has its own civil justice system, which differs significantly from that in England and Wales both in terms of process and terminology. It is important for businesses which operate in Scotland, particularly those...more

Revised draft pre-action protocol for debt claims out for consultation

The Ministry of Justice is consulting on a revised draft Pre-action Protocol for Debt Claims (Debt Protocol) after an earlier version was lambasted by representatives of the credit industry as being totally disproportionate....more

Legal Trends: Litigation & Dispute Resolution

In 2016, regulated persons in Canada are increasingly likely to find themselves facing prosecution before tribunals, rather than in courts, and facing significant exposure to monetary penalties in those...more

Québec’s New Code of Civil Procedure – An Obstacle to National Class Actions?

General counsel and the class action bar should take note that a new provision in Québec’s new Code of Civil Procedure (NCCP), which comes into force on January 1, 2016, may create an obstacle for streamlining—and ultimately...more

Changes to North Carolina's Rule of Civil Procedure 26(b)(4) Regarding Experts

For cases filed on or after Oct. 1, 2015, in North Carolina state courts, there are new changes to how the parties will approach expert disclosure and discovery. Effective Oct. 1, and applying to cases filed on or after...more

Procedural Fairness Owed to Defendants May Redefine how Plaintiffs Proceed under the OSA

The Court of Appeal in Drywall Acoustic Lathing and Insulation, Local 675 Pension Fund (Trustees of) v. SNC-Lavalin Group Inc. recently determined whether, once leave to assert a claim under part XXIII.1 of the Ontario...more

Enough Is Enough: Court Suspends Class Action for Vexatious Conduct by Petitioner, Counsel

In September 2015, the Superior Court of Québec (Court) released a landmark decision rendered by Justice C. Masse in Deraspe v. Zinc électrolytique du Canada ltée?, in which — for the first time in the area of class actions —...more

The Alabama Supreme Court Reverses Course on the Broad Use of Prepetition Discovery

Although this Alabama Supreme Court opinion was released in February of this year, my recent dealings on the topic have prompted me to highlight how the Alabama Supreme Court has reigned in the liberal use of prepetition...more

7 Tips for Making Supporting Memos More Persuasive

Almost all motions and demurrers must be supported by a memorandum. Cal Rules of Ct 3.1113. Your supporting memorandum convinces the judge that the law and facts support the order you want. The objective is to persuade—the...more

The Class Actions Global Guide, France

WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - The types of collective action addressed in this...more

The Class Actions Global Guide, Italy

WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - The members of a “class” can bring a “class action”...more

The Class Actions Global Guide, Germany

WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - There is no mechanism for general collective...more

The Class Actions Global Guide, Spain

WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - There is no specific definition of...more

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