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Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
The next several rules govern jury trials. Rule 47 provides for the selection of jurors and rule 48 governs the number of jurors in a civil case. A civil jury must consist of between six and twelve jurors (six jurors are presently used in the vast majority of federal civil trials; juries of twelve are still required in federal criminal cases).
In civil cases, the plaintiff can introduce all statements made by the defense, and the defense can enter all statements made by the plaintiff into evidence. The Rules list five circumstances in which an opposing party's statement is admissible as non-hearsay: [11] The statement is offered against an opposing party and:
Congress eliminated the requirement in actions against the United States in 1976 and in all federal question cases in 1980. Therefore, a federal court can hear a federal question case even if no money is sought by the plaintiff. To meet the requirement of a case "arising under" federal law, the federal question must appear on the face of the ...
Civil rights cases concluded in U.S. district courts, by disposition, 1990–2006 [1]. Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties.
Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law filed by a plaintiff which initiates a lawsuit. [1] A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause).
If the plaintiff has shown that the defendant is liable, the main remedy in a civil court is the amount of money, or "damages", which the defendant should pay to the plaintiff. [2] Alternative civil remedies include restitution or transfer of property, or an injunction to restrain or order certain actions.
Case names are usually given with the plaintiff first, as in Plaintiff v. Defendant (orally, Plaintiff and Defendant). The party against whom the complaint is made is the defendant; or, in the case of a petition, a respondent. Subsequent references to a case may use only one of the names, typically that of the first nongovernmental party. [6]