Faegre Drinker’s Post

Some new rules for those practicing in the SDNY and EDNY. I summarize the more substantive ones in this article

Sworn documents filed in civil actions in New York State Courts no longer need to be notarized. Beginning January 1, 2024, any person will be able to file an affirmation under penalty of perjury in lieu of a notarized affidavit in any civil action in a New York State court. This change in the law, amending Section 2106 of the New York Civil Practice Law and Rules, signed by Gov. Kathy Hockul, follows the long-standing rule in federal courts that permits the filing of declarations, and laws in more than 20 other states. Learn more here: https://lnkd.in/esmCrrFE

Breaking down the "Eighteen Stages of a Civil Suit," showing how each stepin the legal process is crucial forfairness and justice. From starting witha plaint to getting a decree, the stagesinclude filing a complaint, servinglegal notices, parties appearing incourt, interim steps, writtenstatements, presenting evidence, andresolving issues. This summaryhighlights the significance of eachstage in maintaining justice andfairness in civil matters.

The Alabama Supreme Court should hold the appeal in abeyance for O’Neal to file the attached motion for sanctioning the Morris Bart law firm according to the rules of civil procedures. ARCP. Rule 11(b)(2); O’Neal v Morris Bart LLC. et. al. Case No. SC-2023-0415, (Alabama Supreme Court). The rules of civil procedures state that the appeal should be held in abeyance for the 21-day time frame to permit Morris Bart’s withdrawal of the answer brief or for presenting the motion to sanction before the panel. Id. The emergency is that controlling case law authorities state that a motion for sanctioning must be filed before the court makes a decision on the merits of the appeal. The court should hold the case in abeyance under the foregoing related circumstances. Id. https://lnkd.in/g6zRiTGu

What is the proper balance between confidentiality and publicity in court proceedings? The Civil Procedure Rule Committee is consulting on proposals which, as drafted, appear to shift the balance dramatically in favour of publicity. Chris Bushell, Julian Copeman and I consider the proposals, and some of the issues they raise, in this post on our Litigation Notes blog. #hsfdisputes #disputeresolution

For anyone who practices in the Chicago-based Seventh Circuit, Annie Kastanek, Gabriel Gillett and Johnathan Hall provide a helpful breakdown of the top 10 civil decisions of 2023. Their article for Law360 offers helpful background on the key cases and looks ahead to this year. Read more: https://lnkd.in/g37C3v44 #Antitrust #Appellate #ConstitutionalLaw #PrivacyLaw #JennerChicago

📜 What Is The Seventh Amendment? 📜 The Seventh Amendment guarantees the right to a jury trial in civil cases involving disputes over property or money, preserving the role of juries in the legal system. It reflects the historical importance of jury trials and protects individual rights against arbitrary government action. 🔗 Learn More: https://lnkd.in/esdtarKG #TopazioLaw #LegalAdvice #LegalResources #Attorney

Need fast and reliable answers to procedural matters in the civil courts? The Green Book is the essential guide to bringing, defending, and appealing civil proceedings in the UK. It's carefully crafted by experts, including Lord Justices of Appeal, District Judges, and leading practitioners. See more and get access through Lexis+ today https://ow.ly/tN9H50PnSI9 #CivilCourts #GreenBook #LexisPlus #CourtProcedures #LegalResources

Need fast and reliable answers to procedural matters in the civil courts? The Green Book is the essential guide to bringing, defending, and appealing civil proceedings in the UK. It's carefully crafted by experts, including Lord Justices of Appeal, District Judges, and leading practitioners. See more and get access through Lexis+ today https://ow.ly/tN9H50PnSI9 #CivilCourts #GreenBook #LexisPlus #CourtProcedures #LegalResources

Question: In civil cases, do third parties have the right to request temporary protection of interests before the judgment? Answer: Requesting the court to issue an order for the protection of interests through temporary measures before judgment, as stipulated in Section 4, Category 1 of the Civil Procedure Code, can only be done by the plaintiff or the person with legal interest who is a party to the case. Third parties outside the case do not have the right to request it. Summary: No right exists.