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In U.S. federal courts, counterclaims can arise on various occasions, including e.g.: an attempt by the defendant to offset or reduce the amount/implications of the plaintiff's claim; a different claim by the defendant against the plaintiff; a claim by an impleaded third-party defendant against the original defendant acting as a third-party ...
the witness is subject to cross-examination about the prior statement. [4] There is no requirement that the prior consistent statement have been made under oath at a prior trial or hearing. A form of prior consistent statement excepted from this rule is that of prior identification by the witness of another person in a lineup. [citation needed]
A statement of case is any of a number of formal documents used in the courts of England and Wales under the Civil Procedure Rules (or CPR). The Claim Form (which may also include summary or all the particulars of claim, Defence and Response are all statements of case. The term "pleadings" continues to be used, though incorrectly, to refer to ...
Civil and criminal cases are usually heard in different courts. In jurisdictions based on English common-law systems, the party bringing a criminal charge (in most cases, the state) is called the "prosecution", but the party bringing most forms of civil action is the "plaintiff" or "claimant". In both kinds of action the other party is known as ...
To produce the abridged version, use {{Civil procedure (United States) |value}} and set value as "short", "abridged", etc. (without quotemarks). The above documentation is transcluded from Template:Civil procedure (United States)/doc .
The United States Federal Rules of Criminal Procedure defines a witness statement as: "(1) a written statement that the witness makes and signs, or otherwise adopts or approves; (2) a substantially verbatim, contemporaneously recorded recital of the witness's oral statement that is contained in any recording or any transcription of a recording ...
The United States Federal Rule of Civil Procedure 8(d)(2) states that "[a] party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient." [4]
Plaintiffs may however implead when a defendant counterclaims, because the plaintiffs is then the counter defendant. While many kinds of civil procedures devices occur in the form of motion, an impleader action is technically its own lawsuit. [1] Impleader is frequently used for indemnification, such as an insurance policy or their employer. If ...
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