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Topic: Civil Procedure Rules 1998

	Changes to TTAB Rules - OG Date: 29 September 1998
		That comment also suggested that the rule be modified to allow a third party who has a pending application, or who is a party in a proceeding which has been suspended pending the outcome of the pending case, to apprise the Board of the impact of the suspension on the third party.
		With respect to the suggestion for including in the rules a specific provision concerning applicability of the amended rules in cases initiated prior to the final rule and then suspended, it is believed that the information concerning the effective date of the rule amendments, as set forth at the beginning of this notice, is sufficient.
		The provisions of the Federal Rules of Civil Procedure relating to automatic disclosure, scheduling conferences, conferences to discuss settlement and to develop a discovery plan, and transmission to the court of a written report outlining the discovery plan, are not applicable to Board proceedings.
	www.uspto.gov /web/offices/com/sol/og/1998/week39/patchng.htm (14880 words)

	Civil procedure - Wikipedia, the free encyclopedia
		Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a "civil action").
		California is the odd exception in that its homegrown civil procedure system is enshrined in statutory law (the Code of Civil Procedure), not in rules promulgated by the state supreme court or the state bar association.
		The civil courts of England and Wales adopted an overwhelmingly unified body of rules as a result of the Woolf Reforms on 26 April 1999.
	en.wikipedia.org /wiki/Civil_procedure (329 words)

	Service of process - Wikipedia, the free encyclopedia
		Service of process is the procedure employed to give legal notice to a person (defendant etc.) of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal.
		Service of process in cases filed in the United States district courts is governed by Rule 4 of the Federal Rules of Civil Procedure.
		In England and Wales, the rules governing service of documents are contained within Part 6 of the Civil Procedure Rules 1998 [1].
	en.wikipedia.org /wiki/Service_of_process (931 words)

	[No title]
		It was not at all like the rule of legal professional privilege, in particular as discussed in the context of the principle of legality in General Mediterranean Holdings SA v Patel [1999] 3 All ER 673.
		It might well have been a necessary inference that the Civil Procedure Rules, were it in fact the case that they had been inconsistent with the Scott principle, had indeed properly reversed that principle or at least put another aspect on it.
		In considering the vires and status of the Civil Procedure Rules generally, it seemed that the potency and the novelty that Parliament clearly intended to attach to the Civil Procedure Rules could not be overlooked.
	www.perceptions.couk.com /Law3.txt (1924 words)

	The Civil Procedure (Amendment No. 4) Rules 2001
		The Civil Procedure Rules 1998 include, in Schedules 1 and 2 respectively, rules from the former Rules of the Supreme Court 1965 and the County Court Rules 1981 which still apply to claims.
		The primary purpose of these amending Rules is to replace some of the provisions of the earlier rules relating to the enforcement of judgments and orders with new Parts 70 to 73 of the Civil Procedure Rules 1998.
		Additionally a new rule is made authorising practice directions to be made which modify or disapply any provisions of the Civil Procedure Rules 1998 during the operation of pilot schemes for assessing the use of new practices and procedures in connection with proceedings.
	www.hrothgar.co.uk /YAWS/sis/20012792.htm (7611 words)

	Nevada Rules of Civil Procedure
		AN ACT relating to rules of civil practice and procedure, and authorizing the supreme court to prescribe such rules for all courts.
		The adoption of the rules of civil procedure for the district courts, including appellate practice and procedure for review by this court, constitutes perhaps the state’s most important advancement of the administration of justice in civil cases.
		Additionally, unlike the federal rule, the revised Nevada rule clarifies that in deciding whether there is good cause why service was not made within the 120-day period, the district court must consider whether the party on whose behalf such service was required filed a motion to enlarge the time for service within the 120-day period.
	www.leg.state.nv.us /CourtRules/NRCP.html (3748 words)

	Civil Procedure Rules, Forms and Fees Update (Site not responding. Last check: 2007-10-26)
		Rule 30.8 requires any proceedings which raise an issue of competition law relating to the application of Article 81 or Article 82 of the EEC Treaty to be transferred to the Chancery Division.
		Rule 34.13A prescribes the procedure for applications to the High Court by a party to proceedings under Part 5 of the Proceeds of Crime Act 2002 for the issue of a letter of request for evidence to be taken abroad.
		Rule 52.16(6A) requires any request by a party to an appeal to the Court of Appeal for the review or reconsideration of a decision of a single judge or a court officer to be filed within 7 days after the party is served with notice of the decision.
	www.infolaw.co.uk /procedure/civil/cprupdate.htm (2172 words)

	[No title]
		The procedure in the superior court and, so far as applicable, in the district court shall be governed by these rules in all actions or proceedings of a civil nature -- legal, equitable, or otherwise.
		The rule in equity that the averments of an answer under oath must be overcome by the testimony of two witnesses or of one witness sustained by corroborating circumstances is abolished.
		Disclosure under subparagraphs (a)(1), (2), and (3) of this rule is required in all civil actions, except those categories of cases exempted from the requirement of scheduling conferences and scheduling orders under Civil Rule 16(g), adoption proceedings, and prisoner litigation against the state under AS 09.19.
	www.state.ak.us /courts/civ.htm (13427 words)

	Technical Manual Chapter 19: Court practice and procedure Part 2: The Woolf Reforms and the civil procedure rules 1998
		The Civil Procedure Rules 1998 (the CPR) came into force on 26 April 1999 and replaced the Rules of the Supreme Court and the County Court Rules and embodied the reforms proposed by Lord Woolf and his committee.
		Although many of the new rules incorporate concepts and practice from the old, the overall effect is fundamentally to revise not merely the procedure by which a civil case now comes before the court but the principles and ethos of civil litigation generally.
		Rule 12.2(2) of the CPR states that the CPR do not apply to insolvency proceedings (except to the extent that they are applied to those proceedings by another enactment).
	www.insolvency.gov.uk /freedomofinformation/technical/techmanvol1/Ch13-24/Chapter19/part2/part_2.htm (1260 words)

	Pennsylvania Rules of Civil Procedure. Process Serving Laws.
		As used in this rule, "association" means a partnership and all partners named in the action, an unincorporated association or a corporation or similar entity; "officer" when referring to an officer of a corporation or similar entity means an executive officer as defined by Rule 2176.
		If a rule of civil procedure authorizes original process to be served by mail, a copy of the process shall be mailed to the defendant by any form of United States mail requiring a receipt signed by the defendant or the defendant's authorized agent.
		The enclosed subpoena is served pursuant to Pennsylvania Rule of Civil Procedure 234.2(b)(3).
	www.serve-now.com /resources/process-serving-laws/Pennsylvania (3232 words)

	Statutory Instrument 2000 No. 1317 (L. 11)
		These Rules amend the Civil Procedure Rules 1998 so as to regulate proceedings where the new funding arrangements apply, and to provide for the assessment of costs in such proceedings.
		Rule 17 sets out a new procedure which may be followed when only the amount of costs is in dispute.
		Rule 34 sets out the procedure for the assessment of costs where the court has made a Group Litigation Order under Section III of Part 19 of the Civil Procedure Rules.
	www.hrothgar.co.uk /YAWS/sis/20001317.htm (3586 words)

	HM Revenue and Customs: Oil Taxation Acts 2001-2002 Part II RULES OF THE SUPREME COURT S.I. 1998 No. 3132 (L.17) THE ...
		This rule shall not apply in the case of an appeal as to costs only or an appeal in a claim to which a defence of tender before claim was made.
		(1) In the case of a claim form which begins civil proceedings against the Crown the contents of the claim form required by CPR rule 16.2 shall include a statement of the circumstances in which the Crown's liability is alleged to have arisen and as to the government department and officers of the Crown concerned.
		Nothing in CPR rule 19.3 shall be construed as enabling the Commissioners of Inland Revenue to be added as a party to any proceedings except with their consent signified in writing or in such manner as may be authorised.
	www.hmrc.gov.uk /taxes_act_2001/ota/otapt3/si-s-01.htm (7651 words)

	Rules of Civil Procedure
		These rules prescribe the procedure to be followed in all courts of this state in the exercise of civil jurisdiction at law or in equity, with the exceptions stated in subdivision (C) of this rule.
		required by these rules, shall be made by filing them with the clerk of court, except that the judge may permit the documents to be filed with the judge, in which event the judge shall note the filing date on the documents and transmit them to the clerk.
		These rules shall not be construed to enlarge beyond the limits now fixed by law the right to assert counterclaims or to claim credits against this state, a political subdivision or an officer in his representative capacity or agent of either.
	www.sconet.state.oh.us /Rules/civil (15696 words)

	Multilaw \| Home Page (Site not responding. Last check: 2007-10-26)
		In English civil law, the general principle is that a witness who is competent to give evidence is also compellable to give such evidence.
		CPR Part 34 PD Rule 4, provides that the Requesting Court must apply to the Foreign Process Section of the Masters’ Secretary’s Department at the Royal Courts of Justice for the allocation of an examiner. Under CPR Part 34PD Rule 6, the witness examination should be arranged by the Applicant of the Order (ie.
		As with the civil law, in English criminal law there is a general principle that a witness who is competent to give evidence is also compellable to give such evidence. However, the accused is not competent as a witness for the prosecution and is competent but not compellable as a witness in his own defence.
	www.multilaw.com /Template.cfm?Template=/ContentManagement/ContentDisplay.cfm&ContentID=2275&FusePreview=Yes&MicrositeID=0 (802 words)

	Opinions of the Supreme Court of Appeals of West Virginia
		The feeds are condensed versions of the main content on the recent opinions page, the civil topics page, the criminal topics page, and the family topics page.
		In addition, summaries of recent opinions are available, as well as topical pages covering civil, criminal, and family law matters.
		Slip opinions are subject to modification and petitions for rehearing pursuant to Rule 24 of the Rules of Appellate Procedure.
	www.state.wv.us /wvsca/opinions.htm (1111 words)

	Help.com - damages (Site not responding. Last check: 2007-10-26)
		In law, damages refers either to the harm suffered by a claimant in a civil action, or to the money paid or awarded to the plaintiff in compensation for such harm.
		In certain areas of the law another head of damages has long been available, whereby the defendant is made to give up the profits made through the civil wrong in restitution.
		Economic damages in civil litigation are computed as the financial loss suffered by a person due to the wrongful actions of another person.
	help.com /wiki/Damages (943 words)

	LawKT.com: Law Firm Publications on Civil Procedure
		The plaintiff’s attorney may use Civil Code Section 47 as a shield to protect the privileged prelitigation communications, while swords are available in the form of a motion for sanctions pursuant to Code of Civil Procedure Section 128.
		Thus, under the court’s ruling, as provided in the Federal Rules of Civil Procedure for discovery in court cases, an attorney for Security could cause a subpoena to be issued under the name of the federal district court in California for use in a proceeding in Minnesota.
		Federal Rule of Civil Procedure 34(a) allows a litigant to ask the other side to produce "data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form." Translated into plain English: a company's e-mail records and its electronic data systems are fair game for discovery.
	www.lawkt.com /pubs/Civil_Procedure.html (13567 words)

	Amazon.com: Blackstone's Civil Practice 2004 (Blackstone's Civil Practice): Books: Charles Plant,William Rose,Stuart ... (Site not responding. Last check: 2007-10-26)
		Up-to-date to mid-December 2003, this guide provides authoritative description and analysis of the process of civil litigation in the county courts and in the High Court.
		Civil Procedure Rules and Practice Directions, fees orders and relevant statutes, together with the text of the latest edition of the Patents Court Guide.
		This chapter will consider the various sources of the law governing civil proceedings, and will also give general guidance on the interpretation of the main source, the Civil Procedure Rules 1998 ('CPR').
	www.amazon.com /exec/obidos/tg/detail/-/0199268002?v=glance (529 words)

	Legal / Professional - Practice Directions
		The President's Direction dated the 22nd April 1999 applied the (Civil Procedure) Practice Direction about Costs Supplementing Parts 43 to 48 of the Civil Procedure Rules ("the costs direction") to family proceedings (within the Family Proceedings Rules 1991) and to proceedings in the Family Division.
		References in the costs direction to "claimant" and "defendant" are to be read as references to the equivalent terms used in family proceedings and other terms and expressions used in the costs direction shall be similarly treated.
		References to procedural steps and to other Parts of the 1998 Rules which have not yet been applied to family proceedings are to be read as referring to equivalent or similar procedures under the rules applicable to family proceedings, as the context may permit.
	www.hmcourts-service.gov.uk /cms/879.htm (389 words)

	Statutory Instrument 1998 No. 3132 L.17)
		A print version is also available and is published by The Stationery Office Limited as the The Civil Procedure Rules 1998, ISBN 0 11 080378 7.
		Procedure where defendant objects to use of Part 8 procedure
		Rule 10.4Notice to claimant that defendant has filed an acknowledgment of service
	www.opsi.gov.uk /si/si1998/19983132.htm (1267 words)

	Beginning Your Civil Procedure Research
		This is a feature that allows access to selected Civil Procedure databases via a table of contents, rather than by having to enter a search term.
		The Westlaw UK Civil Procedure service provides fill-in-the-boxes templates to assist you in searching for the Civil Procedure commentary, legislation or case you require.
		For example, to retrieve rule 3 of the Civil Procedure Rules 1998 type Civil Procedure Rules 1998 in the Act or SI Name text box and type 3 in the Provision No text box, then click Go to retrieve the section.
	help.westlaw.com /?kb=u&refid=ukcpintro (3088 words)

	News Item (Site not responding. Last check: 2007-10-26)
		At 'Citation, commencement and interpretation'it says 'These Rules may be cited as the Civil Procedure (Amendment) Rules 2003 and shall come into force on the commencement of Part 5 of the Nationality, Immigration and Asylum Act 2002.'
		The Civil Procedure (Amendment) Rules 2003 amend the Civil Procedure Rules 1998 by inserting a new Section II of Part 54, containing rules about applications to the High Court under section 101(2) of the Nationality, Immigration and Asylum Act 2002.
		A print version is also available and is published by The Stationery Office Limited as The Civil Procedure (Amendment) Rules 2003, ISBN 0110449703.
	www.statplus.co.uk /marketing/NewsItem.asp?ID=620 (219 words)

	Local Rules
		Rule 209*(C) Petitions And Answers-Facts Not Denied Taken To Be Admitted.
		Rule *266 rescinded-for disposition of petitions, see B.C.R.C.P. No. 206.4(c)(4)(a) and (b); for disposition of motions and other miscellaneous application; see B.C.R.C.P. No. 208.3(a) and (b).
		Procedure for the Disposition of Motions for Judgment on the Pleadings
	www.buckscounty.org /courts/CourtInfo/LocalRules (666 words)

	Civil Procedure Rules Homepage
		Part 19 is amended and a new PD 19C is inserted to incorporate a new two-stage procedure for permission to proceed in derivative actions as a consequence of the Companies Act 2006.
		PD 21 is also amended to improve procedure relating to the investment of children’s funds.
		Part 46 is amended to increase the amount of costs which the court may award as the costs of an advocate for preparing for and appearing at the trial of a claim in the fast track for trials commencing on, or after 1st October 2007.
	www.justice.gov.uk /civil/procrules_fin/index.htm (670 words)

	U.S. LAW BOOKS - Build and maintain your Law Library
		Use FRCP 12b6 (twelve B 6) or comparable state rule to dismiss a case for "failing to state a case for which relief can be given" when served with a frivilous complaint or your state's equivalent court rule.
		Under the federal rules you may do so even before the case is filed or as soon as complaint is served and filed.
		Civil Procedure, 7th; Cases and Materials- Cound, Friedenthal, Miller and Sexton
	www.uslawbooks.com (3545 words)

	OUP: UK General Catalogue
		The handbook includes all Civil Procedure Rules, Practice Directions and Pre-Action Protocols approved to 4 April 2005, including the 38th and 39th Updates to the CPR.
		Keeping up-to-date and informed about the changes to the Civil Procedure Rules is important for practitioners and students alike.
		This is an excellent reference tool for all those studying or working in the area of civil procedure.
	www.oup.com /uk/catalogue/?ci=9780199285143 (512 words)

	Publisher description for Library of Congress control number 2004557965 (Site not responding. Last check: 2007-10-26)
		The second edition of this practical and clearly written textbook has been thoroughly updated to cover the changes to the CPR since the first edition was published.
		The substance of the most important rules,practice directions and pre-action protocols are analysed in detail and the reader is given a step by step guide to bringing litigation in the civil courts from the requirements for pre-action behaviour to the enforcement of judgments.
		The new edition has been substantially expanded to include an analysis of important guideline cases which give a further insight into the operation of the rules in practice.
	www.loc.gov /catdir/description/cav051/2004557965.html (182 words)

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