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The term native files refers to user-created documents, which could be in Microsoft Office or OpenDocument file formats as well as other files stored on computer, but could include video surveillance footage saved on a computer hard drive, computer-aided design files such as blueprints or maps, digital photographs, scanned images, archive files, e-mail, and digital audio files, among other data.
Importantly, to keep open the option of moving for a "judgment notwithstanding the verdict", or "judgment non obstante verdicto" after the jury has returned a verdict, one must file a Rule 50(a) motion. Under the Federal Rules of Civil Procedure, the two are not separate motions, the JNOV motion is simply a renewed Rule 50(a) motion.
[54] [55] Unless there is an actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the ...
Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred.
In 1837, Congress created the United States Court of Appeals for the Seventh Circuit, placing it in Chicago, Illinois and giving it jurisdiction over the District of Illinois, 5 Stat. 176. [5] On February 13, 1855, by 10 Stat. 606, the District of Illinois was subdivided into Northern and the Southern Districts. [5]
The United States District Court for the Eastern District of Illinois (in case citations, E.D. Ill.) is a former federal district court for the state of Illinois. The court was established on March 3, 1905, by 33 Stat. 992. [1] The Northern and Southern Districts had been established on February 13, 1855. The statute establishing the Eastern ...
But it also defeated the FRCP's objective of procedural uniformity. While virtually all U.S. lawyers understand the general principles of a FRCP 12(b)(6) motion to dismiss or a FRCP 56 motion for summary judgment, the actual details of making and opposing motions continue to vary dramatically from one federal district court to the next.
A suggestion of death, in law, refers to calling the death of a party to the attention of a court and making it a matter of record, as a step in the revival of an action abated by the death of a party.