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Except for requiring a certificate and setting out its form, paragraph (1) differs little from the first sentence of the prior version of subdivision (b). Care should be taken before ordering sale to avoid diminished value. It will be presumed that the party was not at fault if no instruction on available legal remedies was provided, or if it was deficient. (1) The petition for such restoration of the status quo ante must be filed within a two-week period.

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The matter has been stated thus: "The felt necessity for a class action is greatest when the courts are called upon to order or sanction the alteration of the status quo in circumstances such that a large number of persons are in a position to call on a single person to alter the status quo, or to complain if it is altered, and the possibility exists that [the] actor might be called upon to act in inconsistent ways." By way of demonstrating the grounds for recusal, the testimony of the judge being recused may be referred to. (3) The judge regarding whom a motion for recusal has been filed shall make his statements regarding the grounds therefor in his judicial capacity. (4) If a judge is recused for fear of bias before whom a party has made an appearance at a hearing, or with whom a party has filed petitions, it shall be demonstrated to the satisfaction of the court that the grounds for filing a motion for recusal arose only at a later date, or became known to the party at a later date. (1) That court of which the judge is a member shall rule on a motion to recuse him, without that judge being involved in the decision. (2) If a judge at a local court (Amtsgericht, AG) is to be recused, a different judge of the local court shall rule on the motion.

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Civil procedure rules similar to an instruction manual. These disclosures must be made at or within 14 days after the Rule 16.1(b) conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in the circumstances of the action and states the objection in the Rule 16.1(c) case conference report. A judge may regulate practice in any manner consistent with federal law, rules adopted under 28 U.

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Abraham L. Davis

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A California study of discovery and pretrial in condemnation cases notes that the only substitute for discovery of experts' valuation materials is "lengthy—and often fruitless—cross-examination during trial," and recommends pretrial exchange of such material. A denial of performance or occurrence shall be made specifically and with particularity. (d) Official document or act. A civil action is commenced by filing a complaint with the court, if service is obtained within one year from such filing upon a named defendant, or upon an incorrectly named defendant whose name is later corrected pursuant to Civ.

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In cases in which, according to the allegations made by the party tendering evidence, the record or document is in the possession of a third party, evidence shall be deemed offered where a petition has been filed with the court that it determine a period for the procurement of the record or document, or that it deliver an order pursuant to section�142. Unlike federal court, state court  plaintiffs do not have to plead jurisdiction-only a statement of  facts and demand for judgment. (Cal.

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This court shall arrange the entry of the debtor in the list of debtors. (2) Upon the debtor filing a corresponding application, the court responsible for execution may instruct that the entry be temporarily stayed. Surface Transportation Assistance Act of 1982, 49 U. Order Amending Various Rules of Procedure Relating to Verbatim Recording of Judicial Proceedings. If a filing is due 14 days after an event, and the fourteenth day is April 21, then the filing is due on Tuesday, April 22 because Monday, April 21 counts as a legal holiday.

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Let?s bring a case together that?s all one case based on diversity. Section�174�(2), first sentence, and�subsection (3) first and third sentences shall apply mutatis mutandis to the service of documents on an attorney. (2) Service shall be deemed sufficiently proven by the return confirmation of receipt bearing the date and the signature of the attorney on whom the documents were served. In the case set out under number�3 hereinabove, the court of appeal is to conclusively deal with all objections.

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The exceptions shall be presented to the judge assigned to receive civil motions after notice pursuant to Rule L208.3(a) has been given. Internal links to rules referenced within the rules. In lieu of or in addition to any other sanction, the judge shall require the party or the attorney representing the party or both to pay the reasonable expenses incurred because of any noncompliance with this rule, including attorney's fees, unless the judge finds that the noncompliance was substantially justified or that other circumstances make an award of expenses unjust.

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Nathan M. Bisk

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QUALIFIED IMMUNITY OF IMPARTIAL THIRD PARTIES. (a) A person appointed to facilitate an alternative dispute resolution procedure under this subchapter or under Chapter 152 relating to an alternative dispute resolution system established by counties, or appointed by the parties whether before or after the institution of formal judicial proceedings, who is a volunteer and who does not act with wanton and wilful disregard of the rights, safety, or property of another, is immune from civil liability for any act or omission within the course and scope of his or her duties or functions as an impartial third party.

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S. 223 (1978) (holding that a conviction based on a jury of less than six is a denial of due process of law). Such a motion should be treated as a motion for judgment as a matter of law in accordance with this rule. And the words "shall impose" in the last sentence focus the court's attention on the need to impose sanctions for pleading and motion abuses. Fee Waiver Forms: Use these forms to apply for a fee waiver in circuit, family or magistrate court