FEATURE ARTICLE:
NEW LAW AUTHORIZES USE OF TELEPHONE OR OTHER
ELECTRONIC MEANS FOR DEPOSITIONS, BUT ONLY ON STIPULATION
General
Practice:
JURY WAIVER
When P, After D's Default, Seeks Inquest Before Judge on Damages, P Waives Jury
Trial Even When D Then Gets Default Vacated and Issue of Liability Reopened
CONTEMPT PUNISHMENT
Failure to Use 8-Point Type on Motion to Punish for Contempt
Bars Any Punishment of Comtemner
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ACTION FOR ATTORNEYS' FEES
Action for Attorneys' Fees Is Dismissed for Failure to
Advise Client of Choice to Litigate or Arbitrate
FEDERAL REMOVAL
Point at Which Defendant Becomes "Aware" That
State Action Exceeds $75,000 Marks Start of 30-Day Removal Period
Special
Note:
THE BOILERPLATE DEFENSE
What Penalty for Its Misuse?
Backlog
Items:
JURATS
Omission of Jurat Required in Affidavit Is Held Harmless Because
No Prejudice Shown
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RENEWING MOTIONS
Court Allows Renewal Although No Reason Is Shown for Not Including
Evidence on Original Motion
DELAYED SERVICE EXCUSED
Long Delay in Service Excused When P Shows Difficulties Caused
by D's Military Service
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