civil one pass: PRC Civil Procedure Law of assembly

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If the claimant states its interest in the property to be as bailee, the bailor must be identified. If the conditions for an in rem action appear to exist, the court must issue an order directing the clerk to issue a warrant for the arrest of the vessel or other property that is the subject of the action. (ii) If the plaintiff or the plaintiff's attorney certifies that exigent circumstances make court review impracticable, the clerk must promptly issue a summons and a warrant for the arrest of the vessel or other property that is the subject of the action.

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How Courts Govern America

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The parties to an action may submit the matter in controversy to the court upon an agreed statement of facts, signed by them -and filed with the clerk, and the court may render a decision and enter judgment accordingly. If a certified or express mail envelope is returned with an endorsement showing that the envelope was unclaimed, the clerk shall forthwith notify, by mail, the attorney of record or, if there is no attorney of record, the party at whose instance process was issued.

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Illinois Code of Civil Procedure and Rules of Supreme Court

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The order shall prescribe the amount and security of the bond. Typically, the agency must give a notice of a proposed rulemaking, published in the Federal Register. Le Journaux officiels: Summaries for the last five days. A. (1937) §§262, 266, 267 (all as amended, Laws of 1936, ch. 324), 268, 269, and 271; Wis. Subdivision (f) describes certain matters that should be accomplished at the meeting and included in the proposed discovery plan.

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Products Liability: Problems and Process

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S., s. 470; 1945, c. 141.) � 1-84.� Removal for fair trial. C., Title 28, [former] §383 (Injunctions; requisites of order; binding effect). S. 1A-1, Rule 58, and the date, hour, and minute of the indexing of the judgment. Under the revised rule, an intended defendant who is notified of an action with the period allowed by Rule 4(i) for service of a summons and complaint may not defeat the action on account of a defect in the pleading with respect to the defendant's name, provided that the requirements of clauses (A) and (B) have been satisfied.

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Impartial Justice: The Real Supreme Court Cases that Define

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The other parties, if any, shall then introduce evidence in the order directed by the court. A specific instance of good cause is set forth in paragraph (3) of this rule, which provides for extensions if necessary to correct oversights in compliance with the requirements of multiple service in actions against the United States or its officers, agencies, and corporations. Addition to Reporter's Notes, 2004 amendment: - Subdivision (a) has been divided into three paragraphs and other stylistic changes made.

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The Code of Civil Procedure: Being ACT XIV of 1882,

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The obligations imposed under subdivision (b) obviously require that a pleading, written motion, or other paper be read before it is filed or submitted to the court. Paragraph (2)(A) is explicit that a request for waiver of service by a corporate defendant must be addressed to a person qualified to receive service. The moving party shall file a surety bond undertaking, in an amount fixed by the court, to pay the value of the property or the amount of plaintiff's claim, whichever is less, if the same is not returned to the sheriff upon entry of judgment against the defendant.

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English Civil Justice after the Woolf and Jackson Reforms: A

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Sess., 1996), c. 742, s. 3.) � 1-538.3.� Negligent supervision of minor. (a)������� The parent or individual legal guardian who has the care, custody, and control of an unemancipated minor may be held civilly liable to an educational entity for the negligent supervision of that minor if the educational entity proves by clear, cogent, and convincing evidence that: a.�������� Violated the provisions of G. In jurisdictions based on English common-law systems, the party bringing a criminal charge (in most cases, the state) is called the "prosecution", but the party bringing most forms of civil action is the "plaintiff" or "claimant".

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Blond's Civil Procedure

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If a service of the summons and complaint is not made upon a defendant within six months after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court’s own initiative with notice to such party or upon motion. The Board shall automatically be a party to any appeal unless it specifically declines that status in writing.

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Representing the Residential Real Estate Client

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If the motion is granted and is not obeyed, the court may impose sanctions. The interests that are being furthered here are not only those of the parties, but also that of the public in avoiding repeated lawsuits on the same essential subject matter. Moreover, in any case where the plaintiff could not have joined the third party originally because of jurisdictional limitations such as lack of diversity of citizenship, the majority view is that any attempt by the plaintiff to amend his complaint and assert a claim against the impleaded third party would be unavailing.

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Test Yourself in Evidence, Civil Procedure, Criminal

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The goal of the present amendments is to clarify and simplify the rule. If service is made by facsimile communication or by e-mail, proof of service shall be made by affidavit or by declaration of the person making service, or by certificate of an attorney or sheriff. To the extent deemed necessary by the judge or clerk of court of the county where the original order of sale was issued, the sale of each tract shall be treated as a separate sale. (d)������ When real property is sold in a county other than the county where the proceeding, in which the sale was ordered, is pending, the person authorized to hold the sale shall cause a certified copy of the order of confirmation to be recorded in the office of the register of deeds of the county where such property is situated, and it shall not be necessary for the clerk of court to probate said certified copy of the order of confirmation. (1949, c. 719, s. 1; 1965, c. 805; 1971, c. 268, ss. 18, 19; 1997-83, ss. 2, 3; 2001-271, s. 2.) � 1-339.9.� Sale as a whole or in parts. (a)������� When real property to be sold consists of separate lots or other units or when personal property consists of more than one article, the judge or clerk of court having jurisdiction may direct specifically (1)������� That it be sold as a whole, or (2)������� That it be sold in designated parts, or (3)������� That it be offered for sale by each method, and then sold by� the method which produces the highest price. (b)������� When real property to be sold has not been subdivided but is� of such nature that it may be advantageously subdivided for sale, the� judge or clerk having jurisdiction may authorize the subdivision thereof and the dedication to the public of such portions thereof as are necessary or advisable for public highways, streets, alleys, or other public purposes. (c)������� When an order of sale of such real or personal property as is described in subsection (a) of this section makes no specific provision for the sale of the property as a whole or in parts, the person authorized to make the sale has authority in his discretion to sell the property by whichever method described in subsection (a) of this section he deems most advantageous. (1949, c. 719, s. 1; 1971, c. 268, s. 18.) � 1-339.10.� Bond of person holding sale. (a)������� Whenever a commissioner specially appointed or a trustee in a deed of trust is ordered to sell property, the judge or clerk of court having jurisdiction (1)������� May in any case require the commissioner or trustee, before receiving the proceeds of the sale, to furnish bond to cover such proceeds, and (2)������� Shall require the commissioner or trustee to furnish such bond when the commissioner or trustee is to hold the proceeds of the sale other than for immediate disbursement upon confirmation of the sale. (b)������� Whenever any administrator or collector of a decedent's estate, or guardian or trustee of a minor's or incompetent's estate, or administrator, collector, conservator or guardian of an absent or missing person's estate, is ordered to sell property, the judge or clerk having jurisdiction shall require such fiduciary, before receiving the proceeds of the sale, to furnish bond or to increase his then existing bond, to cover such proceeds. (c)������� Whenever an executor or trustee of a testamentary trust is ordered to sell real property, the judge or clerk having jurisdiction shall require such executor or trustee of a testamentary trust, before receiving the proceeds of the sale, to furnish bond to cover such proceeds, unless the will provides otherwise, in which case the judge or clerk may require such bond. (d)������ Whenever a receiver is ordered to sell real property, the judge having jurisdiction may, when he deems it advisable, require the receiver to furnish bond, or to increase his then existing bond, to cover such proceeds. (e)������� The bond required by this section need not be furnished when the property is to be sold by a duly authorized trust company acting as commissioner or fiduciary. (f)������� The bond shall be executed by one or more sureties and shall be subject to the approval of the judge or clerk having jurisdiction. (g)������� If the bond is to be executed by personal sureties, the amount of the bond shall be double the amount of the proceeds of the sale to be received by the commissioner or fiduciary, if such amount can be determined in advance, and, if not, such amount as the judge or clerk may determine to be approximately double the amount of the proceeds to be received.

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