| The Discovery Process in Civil Lawsuits |
|
| After a lawsuit is filed, both the plaintiff (the person suing) and the defendant (the person or company being sued) can engage in a process called discovery. Discovery is conducted before trial. The purpose of discovery is to allow a party to learn more about the pertinent facts of the case and the other party's evidence. The main tools used in the discovery process are depositions, interrogatories, and requests for documents. More... |
|
|
| Standards of Review for Appeals of Federal Administrative Hearing Decisions |
|
| Federal agencies make administrative decisions in regulatory, entitlement, and enforcement cases. The agency can make an informal decision or hold a formal administrative hearing in a case. If the person or company affected by the decision is dissatisfied with the agency's decision, the decision is subject to review by a higher level within the agency or by a court. This article discusses the standards of review applied by a court in evaluating federal administrative agency decisions. More... |
|
|
| Preclusion and Effect of a Judgment in a Civil Lawsuit |
|
| There are several doctrines of preclusion in civil procedure. Some of these doctrines are res judicata, collateral estoppel, judicial estoppel, full faith and credit and law of the case.
More... |
|
|
| Ex Parte Communications |
|
| An ex parte communication is a written or oral communication with a judge that involves only one side of a pending lawsuit or that involves a matter that could become the subject of a future case before the judge. Ex parte communications include a judge's interactions with persons interested in the outcome of a case such as attorneys, parties, jurors, witnesses, and law enforcement personnel. Generally, ex parte communications are prohibited because they can influence the judge's decision. More... |
|
|
| Innovations in Jury Trials |
|
| States have implemented various innovative procedures to assist jurors during trials. The changes are aimed at improving juror understanding of the evidence and the court proceedings. Jurors are permitted to take notes during the trial in some courts. Trial judges in some courts have discretion to give jurors copies of preliminary jury instructions when the trial starts. In some courts, jurors can submit questions for witnesses. They can even discuss the case among themselves before jury deliberations begin. More... |
|
|