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Whether within the intent of Congress or not when adopting 28 USC 724 (1934), the situation was effectively reversed in 1938, [2] the year the Federal Rules of Civil Procedure took effect. Federal courts are now required to apply the substantive law of the states as rules of decision in cases where state law is in question, including state ...
Rules 7.1 and 26-37 of the Federal Rules of Civil Procedure, are often cited in combination with a specific local rule to form a basis for a civil discovery motion. Rule 16 , Federal Rules of Criminal Procedure, is the basis for a criminal discovery motion.
The Federal Rules of Civil Procedure provides that upon filing of a complaint the clerk of the court must forthwith issue a summons and deliver the summons to the plaintiff or the plaintiff's attorney who is responsible for the prompt service of the summons and a copy of the complaint. (FRCP 4) The Federal Rule is not concerned with the ...
The New York Codes, Rules and Regulations (NYCRR) contains New York state rules and regulations. [1] The NYCRR is officially compiled by the New York State Department of State 's Division of Administrative Rules.
Federal district court and Court of Appeals judges award costs to the prevailing party under Federal Rules of Civil Procedure. [7] Generally, U.S. state court judges have no common law right to award such fees against the losing party. It has been suggested that the American rule contributes to making the U.S. a litigious society.
For example, the exclusionary rule does not apply to certain evidence presented to a grand jury; the exclusionary rule states that evidence obtained in violation of the Fourth, Fifth or Sixth amendments cannot be introduced in court. [4] Also, an individual does not have the right to have an attorney present in the grand jury room during hearings.
The Federal Rules of Civil Procedure have specific rules for discovery of electronically stored information, and subsequent case law applying those rules has elucidated on the litigant's duty to produce metadata when litigating in federal court. [78] In October 2009, the Arizona Supreme Court has ruled that metadata records are public record. [79]
In 2011, the Commission included "sex-stereotyping" of lesbian, gay, and bisexual individuals, as a form of sex discrimination illegal under Title VII of the Civil Rights Act of 1964. [28] [29] In 2012, the Commission expanded protection provided by Title VII to transgender status and gender identity.