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Fine edition of the Code with full annotations and concordances to old legislation and new secondary legislation. Perhaps the most prominent is the Anti-SLAPP  special motion to strike. The central function of a trial master is to preside over an evidentiary hearing on the merits of the claims or defenses in the action. Cases indicate, however, that the rule is working better than these commentators had expected. This apparent limit is not reflected in practice; parties recognize the duty to supplement or correct by providing information that was not originally provided although it was available at the time of the initial disclosure or response.

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But in most cases it will be desirable to hold at least a first scheduling conference in the time set by the rule. S., s. 1207; 1955, c. 1371, s. 2.) �� 1-325 through 1-328.� Repealed by Session Laws 1949, c. 719, s. 2. � 1-329.� Transferred to � 1-339.72 by Session Laws 1949, c. 719, s. 3. � 1-330.� Repealed by Session Laws 1949, c. 719, s. 2. � 1-331.� Transferred to � 1-339.73 by Session Laws 1949, c. 719, s. 3. � 1-332.� Transferred to � 1-339.74 by Session Laws 1949, c. 719, s. 3. �� 1-333 through 1-334.� Repealed by Session Laws 1949, c. 719, s. 2. � 1-335.� Transferred to � 1-339.75 by Session Laws 1949, c. 719, s. 3. � 1-336.� Repealed by Session Laws 1949, c. 719, s. 2. � 1-337.� Transferred to � 1-339.49 by Session Laws 1949, c. 719, s. 2. � 1-338.� Transferred to � 1-339.50 by Session Laws 1949, c. 719, s. 2. � 1-339.� Repealed by Session Laws 1949, c. 719, s. 2. (a)������� A judicial sale is a sale of property made pursuant to an order of a judge or clerk in an action or proceeding in the superior or district court, including a sale pursuant to an order made in an action in court to foreclose a mortgage or deed of trust, but is not a.�������� Contained in a mortgage, deed of trust, or conditional sale contract, or b.�������� Granted by statute with respect to a mortgage, deed of trust, or conditional sale contract, or (2)������� A resale ordered with respect to any sale described in subsection (a)(1), where such original sale was not held under a court order, or (4)������� A sale ordered in a criminal action, or (5)������� A tax foreclosure sale, or (6)������� A sale made pursuant to Article 15 of Chapter 35A of the General Statutes, relating to sales of estates held by the entireties when one or both spouses are mentally incompetent, or (7)������� A sale made in the course of liquidation of a bank pursuant to Article 9 of Chapter 53C of the General Statutes, or (8)������� A sale made in the course of liquidation of an insurance company pursuant to Article 30 of Chapter 58 of the General Statutes, or (8a)����� A lease, sale, or exchange made pursuant to G.

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The omission of a provision on this score in the original rule has caused some difficulty. A reference in these rules to the court where an action is pending means, for purposes of this rule, the court where the petition for the deposition was filed. (4) Using the Deposition. The EU Court of Justice believes so Time spent travelling to and from first and last appointments by workers without a fixed office should be regarded as working time, the European Court of Justice has ruled. on 11 Sep 2015 Are Uber divers contractors or employees?

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It was supported by the entire Judiciary Committee of the assembly comprising Wm. These revised pretrial rules will apply only to cases filed on or after July 1, 2015. S. 1-608(b). �(2009-554, s. 1.) � 1-613.� Private action for retaliation action. This notice shall be probated as required for registration of instruments by G. S. 47-14 and recorded in the office of the register of deeds of the county wherein the area of land, or any part thereof lies, and in the book therein kept or provided under the terms of G.

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S. taxpayers residing in the United States Elimination of the $1,500 tax threshold, and elimination of the risk assessment process associated with the streamlined filing compliance procedure announced in 2012. If an action is not dismissed summarily, the action shall be assigned to a district judge and a magistrate judge under D. Rule B(1) has received similar inconsistent treatment. S. 143B-3. �(2009-554, s. 1.) � 1-607.� False claims; acts subjecting persons to liability for treble damages; costs and civil penalties; exceptions. (a)������� Liability. - Any person who commits any of the following acts shall be liable to the State for three times the amount of damages that the State sustains because of the act of that person.

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No particular techniques have been described; the Committee felt that flexibility and experience are the keys to efficient management of complex cases. The Requests shall not be encumbered with extensive "definitions" or "instructions." No changes have been made since publication. Nonetheless, the intervening years have shown that it also isolated the judges from involvement in the early and frequently most expensive and time-consuming aspects of litigation.

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Except as otherwise provided in Rule 7 and Rule 8, proof of service of all documents required or permitted to be served may be by written acknowledgment of service, by affidavit or declaration of the person making service, or by certificate of an attorney. This revision seeks to harmonize and clarify procedures that have been developed through case law and local rules. Should the arbitral judge so recused refuse to resign from office, or should the other party not consent to the recusal, the arbitral tribunal shall rule on the recusal. (3) Should the recusal in accordance with the procedure agreed by the parties, or in accordance with the procedure set out in subsection�(2) fail to meet with success, the party intending to recuse the arbitral judge may file a petition that the court take a decision on the recusal, doing so within one (1) month of having become aware of the decision by which the recusal was refused; the parties to the dispute may also agree on a different period.

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Leave to take additional depositions should be granted when consistent with the principles of Rule 26(b)(2), and in some cases the ten-per-side limit should be reduced in accordance with those same principles. Accompanied by original letter of Feb. 14 16. C. §981(h) creates expanded jurisdiction and venue over property located elsewhere that is related to a criminal prosecution pending in the district. No registrar other than one who is also a qualified legal practitioner shall have the power to hear and determine any application which by these Rules is conferred upon a registrar. 30.

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This deadline shall not apply should the cross appeal have as its subject matter a sentence for recurrent performance becoming due in the future (section�323). (3) The reasons for the cross appeal must be set out in the notice of cross appeal. B Judgment or other determination of court or officer; how pleaded. Section�564 shall apply mutatis mutandis. The requirement to provide reasoning may be forgone in all other regards if this would not be suited to contribute to clearing up fundamental legal issues, to the further development of the law, or to ensuring uniform adjudication. (1) An action for annulment may be brought: 1.��Where the composition of the court of decision was not compliant with the relevant provisions; 2.��Where a judge was involved in the decision who, by law, was prohibited from holding judicial office, unless this impediment had been asserted by a motion to recuse a judge or by filing appellate remedies without meeting with success; 3.��Where a judge was involved in the decision although he had been recused for fear of bias and the motion to so recuse him had been declared justified; 4.��Where a party to the proceedings had not been represented in accordance with the stipulations of the law, unless it had expressly or tacitly approved the litigation. (2) No complaint may be filed in the cases set out under numbers�1 and�3 if it was possible to enforce such annulment by appellate remedies.

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Admiralty and maritime in rem proceedings often present special needs for prompt action that do not commonly arise in forfeiture proceedings. Directions given at the directions hearing are binding and a range of sanctions are available if they are breached. (d) it may strike out or amend any document filed by the party. No part of the information on this site may be reproduced for profit or sold for profit. The court must give the instructions and explanations necessary to enable the jury to make its findings on each submitted issue. (3) Issues Not Submitted.