Civil Procedure
Legal research on civil litigation procedures including motions, discovery, jurisdiction, and appeals.
What authority allows courts to use bank accounts versus bonds?
Explore the legal authority under FRCP 67 and 28 U.S.C. §§ 2041–2045 allowing courts to deposit funds in bank accounts instead of requiring a bond.
Is res ipsa a separate cause of action that can be pled?
Learn why res ipsa loquitur is an evidentiary doctrine rather than a standalone cause of action in civil litigation and how it impacts negligence pleadings.
Difference between motion to consolidate and joint trial and discovery
Understand the legal distinctions between a motion to consolidate and a motion for joint trial and discovery under New York CPLR 602.
What happens after a request for default judgment is filed in CA?
Learn the process for entry of default and default judgment in California civil litigation, including Orange County local rules and CCP 585 requirements.
Enrolling a foreign Maryland subpoena in California
Learn how to enroll and domesticate a Maryland subpoena in California under the UIDDA, including required forms, filing fees, and service rules.
Procedural steps if a defendant fails to answer in California
Learn the procedural steps for requesting entry of default and default judgment in California civil cases when a defendant fails to file a timely answer.
Does a notice of appearance waive service of process in Florida?
Learn whether filing a notice of appearance constitutes a waiver of service of process or personal jurisdiction under Florida law and procedural rules.
What is the legal standard for a civil conspiracy claim?
Learn the five elements of a civil conspiracy claim in Texas, including the specific intent requirement and its status as a derivative tort.
What are California's statutes of limitations for civil claims?
A guide to California's statutes of limitations for personal injury, contracts, fraud, and medical malpractice, including discovery and tolling rules.
How to defend California defamation in 6th Circuit court?
Learn how to defend a California defamation claim in a Sixth Circuit federal diversity case, including substantive defenses and procedural issues.
What points to stress in a civil harassment suit with an altercation?
Learn the key statutory elements and evidentiary points to emphasize in a California civil harassment case involving physical altercations and non-initiating petitioners.
Filing contract fraud cases past the statute of limitations in Texas
Learn about the Texas statute of limitations for contract fraud and exceptions like the discovery rule and fraudulent concealment.
What are objections to state during a deposition?
Learn which objections must be stated during a deposition to avoid waiver, including form objections, privilege, and instructions not to answer.
What is the difference between privileged and confidential information?
Learn the key distinction between privileged and confidential information in legal proceedings, including how the ethical duty of confidentiality is broader than attorney-client privilege.
Is a driver's license a minimum contact?
Analysis of whether holding a driver's license establishes minimum contacts for personal jurisdiction under International Shoe and Burger King.
Can I file a motion to quash if the proof of service is fake?
Learn how to challenge a fraudulent or fake proof of service in California by filing a motion to quash for lack of personal jurisdiction.
What is the meaning of nunc pro tunc?
Understand the legal doctrine of nunc pro tunc, which allows courts to grant orders with retroactive legal effect to correct procedural delays or defects.
Is attorney communicating to the client considered to be privileged?
Learn when attorney-to-client communications are considered privileged, including the primary-purpose test, confidentiality requirements, and key limitations.
What is the test for the relation back doctrine?
Learn the California relation-back doctrine test, including the same facts, same injury, and same instrumentality requirements.
How is federal common law created?
Understand how federal common law is created by federal courts, including the limits established by Erie and the uniquely federal interests test.