How to Get a Divorce: A Practical Handbook for Residents of

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For example, you could add the words ?or defense? to the language of? 1331. In a well considered opinion Judge Leibell reviewed the decisions and said: "The federal cases that discuss this section of Rule 27 support the view that it states a principle of substantive law." Rule 67 is a slightly modified version of FRCP 67. However, courts have not hesitated to enforce it by appropriate measures. Edelstein, 539 F.2d 811, 822 (2d Cir. 1976), the district court's discretion in these matters should be informed by "the degree to which the expert is being called because of his knowledge of facts relevant to the case rather than in order to give opinion testimony; the difference between testifying to a previously formed or expressed opinion and forming a new one; the possibility that, for other reasons, the witness is a unique expert; the extent to which the calling party is able to show the unlikelihood that any comparable witness will willingly testify; and the degree to which the witness is able to show that he has been oppressed by having continually to testify. . . ."

Pages: 133

Publisher: Washington Book Trading Co; 2 edition (January 1984)

ISBN: 0915168049

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