Shades of Freedom: Racial Politics and Presumptions of the

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You sort of read ?well-pleaded complaint? into the statute. A judicial officer presiding over a hearing or trial may establish governing procedures. The written instructions shall be filed among the papers in the action and become a part of the record. LCivR 42.1. (5) If a case that has been remanded is removed again, the case shall be assigned to the judicial officers who were assigned the case initially. (6) A party may not seek a reassignment under paragraph (d)(4) or D. This rule applies only after judgment has been entered, DeBeers Consol.

Pages: 304

Publisher: Oxford University Press; 58822nd edition (June 11, 1998)

ISBN: 0195122887

When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before applying for an order. (3) Evasive or Incomplete Answer or Response. For purposes of this subdivision an evasive or incomplete answer or response is to be treated as a failure to answer or respond. (4) Expenses and Sanctions. (A) If the motion is granted or if the disclosure or requested discovery is provided after the motion was filed, the court shall, after affording an opportunity to be heard, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in making the motion, including attorney's fees, unless the court finds that the motion was filed without the movant's first making a good faith effort to obtain the disclosure or discovery without court action, or that the opposing party's nondisclosure, response, or objection was substantially justified, or that other circumstances make an award of expenses unjust. (B) If the motion is denied, the court may enter any protective order authorized under Rule 26(c) and shall, after affording an opportunity to be heard, require the moving party or the attorney filing the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney's fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. (C) If the motion is granted in part and denied in part, the court may enter any protective order authorized under Rule 26(c) and may, after affording an opportunity to be heard, apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner. (b) Failure to Comply With Order. (1) Sanctions by Court in Circuit Where Deposition Is Taken , cited: click epub.
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