Litigation Services Handbook: The Role of the Financial

Format: Hardcover

Language: English

Format: PDF / Kindle / ePub

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Downloadable formats: PDF

The amended rule also makes clear the equality of filing by electronic means with written filings. Factors that may be considered include: (1) the specificity of the discovery request, (2) the quantity of information available from other and more easily accessed sources and the likelihood of finding it, (3) predictions as to the importance and usefulness of the further information, (4) the importance of the issues at stake in the litigation, and (5) the parties' resources.

Pages: 1200

Publisher: Wiley; 3 edition (April 25, 2001)

ISBN: 0471403091

Some district courts obviously have done so for many years. See Rubin, The Managed Calendar: Some Pragmatic Suggestions About Achieving the Just, Speedy and Inexpensive Determination of Civil Cases in Federal Courts, 4 Just. Clause 10 provides an explicit authorization for such procedures and encourages their use http://home-investments.com/library/patent-it-yourself. Subdivision (d)(2)(C) is amended to delete the requirement that judgment on a motion for attorney fees be set forth in a separate document. This change complements the amendment of Rule 58(a)(1), which deletes the separate document requirement for an order disposing of a motion for attorney fees under Rule 54 click online. If the Registrar is satisfied that a grant should be amended or revoked, he may make an order accordingly: Provided that in special circumstances, no grant shall be amended or revoked under this rule except on the application or with the consent of the person to whom the grant was made. 57. (1) Any person who wishes to ensure that no grant is sealed without notice to himself may enter a caveat in the Registry. (2) An person who wishes to enter a caveat (in this rule called "the caveator") may do so by completing Form 189 in the Appendix to these Rules in the appropriate book at the Registry and obtaining an acknowledgement of entry from the proper officer or by sending through the post at his own risk a notice in Form 189 to the Registry in which he wishes the caveat to be entered. (3) Where the caveat is entered by a legal practitioner on the caveator's behalf, the name of the caveator shall be stated in Form 189 in the Appendix to these Rules. (4) Except as otherwise provided by this rule, a caveat shall remain in force for six months from the date on which it is entered and shall then cease to have effect, without prejudice to the entry of a further caveat or caveats. (5) The Registrar shall maintain an index of caveats entered in the registry and on receiving an application for a grant in the Registry he shall cause the index to be searched and shall notify the applicant in the event of a caveat having been entered against the sealing of a grant for which application has been made. (6) The Registrar shall not allow any grant to be sealed if he has knowledge of an effective caveat in respect thereof: Provided that no caveat shall operate to prevent the sealing of a grant on the day on which the caveat is entered. (7) A caveator may be warned by the issue from the Registry of warning in Form 190 in the Appendix to these Rules at the instance of any person interested (in this rule called "the person warning") which shall state his interest and if he claims under a will, the date of the will and shall require the caveator to give particulars of any contrary interest which he may have in the estate of the deceased and every warning or a copy thereof shall be served on the caveator. (8) A caveator who has not entered an appearance to a warning may at any time withdraw his caveat by giving notice at the Registry and the caveat shall thereupon cease to have effect and if he has been warned, the caveator shall forthwith give notice of withdrawal of the caveat to the person warning. (9) A caveator having an interest contrary to that of the person warning may, within eight days of service of the warning upon him inclusive of the day of such service or at any time thereafter if no affidavit has been filed under paragraph (11) of this rule, enter an appearance in the Registry by filing Form 191 in the Appendix to these Rules and making an entry in the appropriate book and forthwith thereafter, serve on the person warning, a copy of Form 191 in the Appendix to these Rules sealed with the seal of the registry. (10) A caveator having no interest contrary to that of the person warning but wishing to show cause against the sealing of a grant to that person may, within eight days of service of the warning upon him inclusive of the day of such service, or at any time thereafter if no affidavit has been filed under paragraph (11) of this rule, issue and serve a summons for directions, which shall be returnable before the Registrar. (11) If the time limited for appearance has expired and the caveator, has not entered an appearance, the person warning may file in the Registry an affidavit showing that the warning was duly served and that he has not received a summons for directions under paragraph (10) of this rule and thereupon the caveat shall cease to have effect. (12) Upon the commencement of a probate action, the Probate Registrar shall, in respect of each caveat then in force (other than a caveat entered by the plaintiff), give to the caveator notice of the commencement of the action and upon the subsequent entry of a caveat at any time when the action is pending, shall likewise notify the caveator of the existence of the action. (a) any caveat in force at the commencement of proceedings by way of citation or motion shall, unless withdrawn pursuant to paragraph (8) of this rule, remain in force until an application for a grant is made by the person shown to be entitled thereto by the decision of the Court in such proceedings and upon such application, any caveat entered by a party who had notice of the proceedings shall cease to have effect; (b) any caveat in respect of which an appearance to a warning has been entered shall remain in force until the commencement of a probate action; (c) the commencement of a probate action shall, whether or not any caveat has been entered, operate to prevent the sealing of a grant until application for a grant is made by the person shown to be entitled thereto by the decision of the Court in such action and upon such application any caveat entered by a party who had notice of the action, or by a caveator who was given notice under paragraph (12) of this rule, shall cease to have effect. (14) Except with the leave of the Registrar, no further caveat may be entered by or on behalf of any caveator whose caveat has ceased to have effect under paragraph (11) or (13) of this rule. 58. (1) Every citation shall be settled by the registrar before being issued. (2) Every averment in a citation, and such other information as the registrar may require, shall be verified by an affidavit sworn by the person issuing the citation (in this Order called "the citor") or if there are two or more citors, by one of them: Provided that the registrar may, in special circumstances, accept an affidavit sworn by the citor's legal practitioner. (3) The citor shall enter a caveat before issuing a citation. (4) Every citation shall be served personally on the person cited unless the registrar, on cause shown by affidavit, directs some other mode of service, which may include notice by advertisement. (5) Every will referred to in a citation shall be lodged in the Registry before the citation is issued, except where the will is not in the citor's possession and the Registrar is satisfied that it is impracticable to require it to be lodged. (6) A person who has been cited to appear may, within eight days of service of the citation upon him inclusive of the day of such service or at any time thereafter if no application has been made by the citor under paragraph (5) of rule 59 or paragraph (2) of rule 60 of these Rules, enter an appearance in the Registry by filing Form 191 in the Appendix to these Rules and making an entry in the appropriate book, and shall forthwith thereafter serve on the citor a copy of Form 191 sealed with the seal of the Registry. 59. (1) A citation to accept or refuse a grant may be issued at the instance of any person who would himself be entitled to a grant in the event of the person cited renouncing his right thereto. (2) Where power to make a grant to an executor has been reserved, a citation calling on him to accept or refuse a grant may be issued at the instance of the executors who have proved the will or the executors of the last survivor of deceased executors who have proved. (3) A citation calling on an executor who has intermeddled in the estate of the deceased to show cause why he should not be ordered to take a grant may be issued at the instance of any person interested in the estate at any time after the expiration of six months from the death of the deceased: Provided that no citation to take a grant shall issue while proceedings as to the validity of the will are pending. (4) A person cited who is willing to accept or take a grant may apply ex parte to the registrar for an order for a grant on filing an affidavit showing that he has entered an appearance and that he has not been served by the citor with notice of any application for a grant to himself. (5) If the time limited for appearance has expired and the person cited has not entered an appearance, the citor may in the case of a citation under- (a) paragraph (1) of this rule, apply to the registrar for an order for a grant to himself; (b) paragraph (2) of this rule, apply to the registrar for an order that a note be made on the grant that the executor in respect of whom power was reserved has been duly cited and has not appeared and that all his rights in respect of the executorship have wholly ceased; (c) paragraph (3) of this rule, apply to the registrar by summons (which shall be served on the person cited) for an order requiring that person to take a grant within a specified time or for a grant to himself or some other person specified in the summons. (6) An application under the last foregoing paragraph (5) shall be supported by an affidavit showing that the citation was duly served and that the person cited has not entered an appearance. (7) If the person cited has entered an appearance but has not applied for a grant under paragraph (4) of this rule or has failed to prosecute his application with reasonable diligence, the citor may in the case of a citation under- (a) paragraph (1) of this rule, apply by summons to the registrar for an order for a grant to himself; (b) paragraph (2) of this rule, apply by summons to the registrar for an order striking out the appearance and for the endorsement on the grant of such a note as is mentioned in sub- paragraph (b) of paragraph (5) of this rule; (c) paragraph (3) of this rule, apply by summons to the registrar for an order requiring the person cited to take a grant within a specified time or for a grant to himself or some other person specified in the summons, and the summons shall be served on the person cited in each case. 60. (1) A citation to propound a will shall be directed to the executors named in the will and to all persons interested thereunder and may be issued at the instance of any citor having an interest contrary to that of the executors or such other persons. (2) If the time limited for appearance has expired, the citor may in the case- (a) where no person cited has entered an appearance, apply to the registrar for an order for a grant as if the will were invalid; (b) of a citation under paragraph (2) of rule 59 of this Order, apply by summons to the registrar for an order striking out the appearance and for the endorsement on the grant of such a note as is mentioned in sub-paragraph (b) of paragraph (5) of rule 59 of this Order; (c) of a citation under paragraph (3) of rule 59 of this Order, apply by summons to the registrar for an order requiring the person cited to take a grant within a s specified time or for a grant to himself or some other person specified in the summons, and the summons shall be served on the persons cited in each case. 61 home-investments.com.
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