Not exact matches
Usually, a winning SLAPP defendant has to apportion fees attributable to SLAPP activities, but this decision allows the
trial judge to award extra-SLAPP fees as long as the other activities were «on the contract» under
Civil Code section 1717 for
purposes of fee recovery in the entire litigation matter.
Civil lawsuit
trials can be conducted in a state other than the state where the breach
of contract or tort giving rise to the lawsuit took place for jurisdictional
purposes and not infrequently is brought in another state, although constitutional choice
of law rules limit the circumstances under which a particular state's laws can be applied to a particular set
of circumstances in a lawsuit.)
Zarin's Jury Verdict Review Publications was founded in 1980 by Ira J. Zarin, Esq., an eminent and certified
civil trial attorney, for the
purpose of educating and apprising members
of the bar
of what is happening at the
trial court level by thoroughly reviewing and analyzing
civil jury verdicts and settlements.
In the absence
of rule, the court may proceed in any manner compatible with these
purposes and, in
civil cases, consistent with the case management /
trial management guidelines set forth in Appendix XX
of these rules.
It is also helpful to know the
trial rules in your area, the Federal Rules
of Civil Procedure and the Federal Rules
of Evidence for
trial purposes.
Rule 30.09
of the Rules
of Civil Procedure requires that if surveillance is to be used as substantive evidence at
trial, then counsel must give the opposite party notice
of its intention to use the evidence, and the evidence itself must be produced to the opposite party at least 90 days before the commencement
of trial.7 If counsel fails to do so, the Court will limit the use
of that evidence to impeachment
purposes only, except where a
trial judge grants leave to use the evidence for substantive
purposes.
Assuming the documentary productions could be used to impeach the plaintiff / complainant in the course
of her testimony at the criminal
trial (impeachment is a recognized exception to the deemed undertaking rule, in that Rule 30.1 does not prohibit discovery evidence being used for this
purpose), the
civil defence lawyer emailed the plaintiff's productions to his criminal counterpart.
In a criminal case, the assumption that the defendant is basically a law abiding person which applies in
civil cases no longer holds true once probable cause has been demonstrated to an independent magistrate, even though the defendant is presumed innocent for the
purpose of an ultimate
trial.
Written questions on experts» reports and experts» discussions in
civil cases were CPR innovations and the
purpose of the rule is to facilitate a helpful and open exchange
of information after the expert's reports have been served and prior to
trial.