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May, 2004
 

Overview of topics...

Lead Note:

NEW LAW AUTHORIZES USE OF TELEPHONE OR OTHER ELECTRONIC MEANS FOR DEPOSITIONS, BUT ONLY ON STIPULATION

General Practice :

  • 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
  • Failure to Use 8-Point Type on Motion to Punish for Contempt Bars Any Punishment of Contemner
  • Action for Attorneys' Fees Is Dismissed for Failure to Advise Client of Choice to Litigate or Arbitrate
  • Point at Which Defendant Becomes "Aware" That State Action Exceeds $75,000 Marks Start of 30-Day Federal Removal Period

Special Note:

  • The Boilerplate Defense: What Penalty for Its Misuse?

Backlog Items :

  • Omission of Jurat Required in Affidavit Is Held Harmless Because No Prejudice Shown
  • Court Allows Renewal Although No Reason Is Shown for NotIncluding Evidence on Original Motion
  • Long Delay in Service Excused When P Shows Difficulties Caused by D's Military Service

 


 ARTICLE HEADLINES


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

 

 


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

 

 


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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