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[Audita querela] is a writ of a most remedial nature, and seems to have been invented, lest in any case there should be an oppressive defect of justice, where a party has a good defence, but by the ordinary forms of law had no opportunity to make it. but the indulgence now shewn by the courts in granting a summary relief upon motion, in cases of such evident oppression, and driven it quite out ...
The Jefferson County Circuit Court is the largest single unified trial court in Kentucky. [2] [3] Appeals from decisions of the Circuit Courts are made to the Kentucky Court of Appeals, the state intermediate appellate court, which may be further appealed to the Kentucky Supreme Court.
In its short history, the Kentucky Supreme Court has not produced much jurisprudence of note. A study published in 2007 by the Supreme Court of California found that of all state supreme courts in the United States, the decisions of the Kentucky Supreme Court were the least followed by other states' appellate courts.
Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.
Kentucky Revised Statutes; University of Louisville Digital Collection: The statute law of Kentucky with notes, praelections, and observations on the public acts : comprehending also, the laws of Virginia and acts of Parliament in force in this commonwealth : the charter of Virginia, the federal and state constitutions, and so much of the king of England's proclamation in 1763 as relates to ...
Motions to set aside judgments entered in civil cases in the United States district courts are governed by Rule 60 of the Federal Rules of Civil Procedure. The rule is quite straightforward; its court room application is mostly exactly as stated.
Rules of Civil Procedure Rule Rule 1290 "Any person named as a respondent in a petition may file a response thereto" [5] California: California Code of Judicial Ethics III b 7 "A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, full right to be heard according to law.*"' [6] California
Federal cases and some states follow Rule 27(a)(3) of the Federal Rules of Civil Procedure concerning the production of documents in pretrial discovery, including those pertaining to depositions. These can include the subpoena duces tecum to produce documents, or in some cases to undergo a physical or mental examination.