civil procedure
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State Court Proceedings A Florida jury convicted Patrick Day of second degree murder and sentenced him to prison in September 1998. Brief for the Petitioner ("Pet'r"). at 3. Day appealed his conviction to the Florida First District Court of Appeal, which...
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A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
Oral... (LIIBULLETIN preview)
In August 2009, respondent Hillary Bouldin, while driving his car, struck petitioner Rocky Dietz’s car. See Dietz v. Bouldin, 794 F.3d 1093, 1095 (9th Cir. 2015). Dietz sued Bouldin in Montana state court for physical and mental injuries sustained as a...
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Diversity jurisdiction refers to one way a federal court can obtain subject matter jurisdiction over a given case (the other method being federal question jurisdiction). Diversity jurisdiction is codified in Title 28, Section 1332 of the...
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Ex parte means “from one party” in Latin.
In the legal context, ex parte is used in several manners around ethics and civil procedure.
Legal EthicsIn legal ethics, ex parte refers to improper contact...
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Parties to a lawsuit have a duty to disclose to opposing counsel the identity of their expert witnesses they intend to call at trial, and to make a fair disclosure of the expert’s views. See Payne v. S.S. Nabob, 302 F.2d 803, 807 (3d Cir....
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Expert witness reports in civil federal court are governed by Federal Rule of Civil Procedure 26(a)(2)(b). Under this rule, the parties are required to disclose the names of their retained expert witnesses before trial, and to give the...
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In 1980, Saudi Basic Industries Corporation (SABIC) and the Exxon (now Exxon Mobil Corp.) subsidiaries, Exxon Chemical Arabia, Inc (ECAI) and Mobil Yanbu Petrochemical Company (Yanbu) created two joint venture entities: Yanpet and Kemya. Exxon Mobil Corp...
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In 2015, Montana resident Markkaya Jean Gullett (“Gullett”) was driving her 1996 Ford Explorer (the “Explorer”) on a Montana interstate when one of the vehicle’s tires had a tread/belt separation, causing the vehicle to fall into a ditch upside down....
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Forum non conveniens refers to a court's discretionary power to decline to exercise its jurisdiction where another court, or forum, may more conveniently hear a case. Dismissing a case on forum non conveniens grounds is not a bar for res...