Articles Tagged with civil procedure

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Lunsford v. Teasley, COA20-436 (April 2021)

All games have rules. If you want to imagine your civil court case as a game, then the Rules of Civil Procedure is the handbook that tells you how to get started playing the game. And if you happen to break the rules, there are consequences. It may seem to be an odd analogy, but the rules in a game are to make things fair and to make them efficient and orderly. Similarly, the Rules of Civil Procedure promotes fairness, efficiency, and order. Below is a case that talks about one of those rules. Continue reading →

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A lawsuit is initiated the day it is filed with the court. But the rules of law usually require that before your requested relief can be granted the other side gets their day in court. This is the fundamental basis of our legal system. It is one predicated not only on the laws and statutes developed, but also on providing fair and adequate notice for the party being complained of to come to court and answer the allegations. Therefore, the first big hurdle for getting legal remedy is giving the defendant notice that they are the subject of a lawsuit. This first hurdle is often called process and service of process. Continue reading →