The Administration of Justice from Homer to Aristotle, Vols.

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Where real or personal property is sold on any execution or decree, by any officer authorized to make the sale, and the sale is made legally and in good faith, and the property did not belong to the person against whose estate the execution or decree was issued, by reason of which the purchaser has been deprived of the property, or been compelled to pay damages in lieu thereof to the owner, the purchaser, his executors or administrators, may sue the person against whom such execution or decree was issued, or the person legally representing him, in a civil action, and recover such sum as he may have paid for the property, with interest from the time of payment; but the property, if personal, must be present at the sale and actually delivered to the purchaser. (1807, c. 723, P.

Federal Rules of Civil Procedure: 2014 Edition

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Jan. 1, 1988.) Except where otherwise expressly provided by law or these rules, the officer receiving any process to be executed shall not be entitled in any case to demand his fee for executing the same in advance of such execution, but his fee shall be taxed and collected as other costs in the case. Execution or other proceeding to enforce a judgment may issue immediately upon the entry of the judgment, unless the court directing entry of the judgment, in its discretion and on such conditions for the security of the adverse party as are proper, otherwise directs.

Producing Legality: Law and Socialism in Cuba (After the

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Addition to Reporter's Notes, 1997 Amendment: - Subdivision (a) has been divided into four numbered paragraphs. APPEARANCE BY TELEPHONIC OR VIDEO CONFERENCE CALL. (a) Telephonic or Video Conferencing Call Allowed. If the parties are unduly sparing in their submissions, the court may order further filings. Rule B(1) is amended in two ways, and style changes have been made. Expert disclosures are to be made within the time limits established in Rule 26(a)(2)(C), unless some different date is set in this subsection.

Civil Procedure Reports 2007

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An amendment of a pleading relates back to the date of the original pleading when (1) relation back is permitted by the law that provides the statute of limitations applicable to the action, or (2) the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, or (3) the amendment changes the party or the naming of the party against whom a claim is asserted if the foregoing provision (2) is satisfied and the party to be brought in by amendment (A) has received such notice of the institution of the action that the party will not be prejudiced in maintaining a defense on the merits, and (B) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party. (d) Supplemental pleadings.

Evidence: Examples & Explanations, Eighth Edition 8th

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Sergio Menchini; Nappi Pasquali; Donatella Bonauiuti; Alessio Zaccaria; Giorgio Cian; Alberto Trabucchi, Editori. 3a ed. Letter of June 8, 1977, to Judicial Council Rules of Civil Procedure Committee from Reuben W. The first sentence is derived from English Rules Under the Judicature Act (The Annual Practice, 1937) O. 16, r. 1. It may be noted that the presumptive time limit for service under subdivision (m) does not apply to service in a foreign country. If you need help in finding an attorney, you may contact the Oregon State Bar's Lawyer Referral Service online at www.oregonstatebar.org or by calling (503) 684-3763 (in the Portland metropolitan area) or toll-free elsewhere in Oregon at (800) 452-7636.

Revised Laws of the State of California: In Four Codes :

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Summary judgment may also be proper if a pleading deficiency is of the type that could not be cured by an amendment. C., Title 28, [former] §§777 (Defects of form; amendments), 767 (Amendment of process); [former] Equity Rule 19 (Amendments Generally). Changes Made After Publication and Comment. Any such notice shall include a short statement of its factual basis. If Defendant Fails to Appear -- Repealed by order of April 15, 2013, eff. The motion shall be heard and determined by the court within 55 days from the time of the entry of the judgment, and not thereafter, and if not so heard and determined within said time, the motion shall conclusively be deemed denied.

Anatomy of a Trial: A Handbook for Young Lawyers

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The new rule applies only if the lost information should have been preserved in the anticipation or conduct of litigation and the party failed to take reasonable steps to preserve it. Immediately thereafter, obtain a date and time for the conference from the Administrative Custody Judge. After my insurance company told me I did not have coverage for my situation, he quickly worked with them to find that I was indeed covered.

Legal Guidebook in Mental Health

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Hough and Richard Malmgren from Walter L. Accompanied by Letter to Chief Justice Horace Wilkie from Walter L. A defendant served with such notice shall be required to appear and answer in the same manner and time and under the same penalties as if he had been personally served with a citation within this State to the full extent that he may be required to appear and answer under the Constitution of the United States in an action either in rem or in personam.

Civil Procedure, 3d (University Casebook Series) 3rd (third)

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Rule Change 2013(13) amended Rule 411, “Appeals,” of the Colorado Rules of County Court Civil Procedure. At any time in its discretion and upon such terms as it deems just, the court may allow any summons or proof of service thereof to be amended unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the summons is issued. (i) Time Limit for Service. (1) If service of the summons and a copy of the complaint is not made upon a defendant within 120 days after the filing of the complaint or within the time period established by an extension granted pursuant to paragraph (2), the action shall be dismissed as to that defendant without prejudice upon motion or upon the court's initiative.

Liberty & Law: Reflections on the Constitution in American

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Addition to Reporter's Notes, 1987 Amendment: - Two new sections, based on provisions of the Uniform Rules for Circuit and Chacery [Chancery] Courts, have been added to Rule 12 in the interest of clarity and simplification. This subdivision is amended to correct an imbalance in Rule 35(b)(1) as heretofore written. If the request is refused, the person may move for a court order. Any taxing authority or property owner entitled to be notified of an appeal may become a party to the proceedings by filing an entry of appearance within one hundred-twenty (120) days of the filing of the appeal.
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