Category: Civil Procedure

Invoking “the Rule” at depositions

The practice of law in the court system is subject to a multitude of rules. There are rules of civil procedure, of evidence, and of appeals, just to name a few. There is one, however, that is simply known as “the rule.” “The rule” (more formally known as the exclusionary rule) refers to the practice [..]

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Removal to federal court – the forum defendant rule

Here, we look at the question of whether an out-of-state defendant can remove a state court action to federal court when an in-state party is also named as a defendant. Assume this scenario: Plaintiff Johnson sues Defendant Smith and Defendant Williams in Mississippi state court. The parties are residents of these states: -Johnson (Tennessee) -Smith [..]

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Serving a Summons – when is a copy not a copy?

When a Complaint is served on a defendant, it is accompanied by a Summons that instructs the defendant to file an answer within a certain amount of time. Service of a summons is, in most cases, governed by Rule 4 of the Mississippi Rules of Civil Procedure. Rule 4 provides for service in several different [..]

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The sham affidavit rule

On February 18, 2019, the United States Court of Appeals for the Fifth Circuit handed down its decision in Winzer v. Kaufman County, et al. One of the issues the Court addressed is the sham affidavit rule. How are affidavits used in federal court? Affidavits can be used in any number of circumstances. They are [..]

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Have you been sued or charged with a crime?

Sued? Charged with a crime? Talk to an attorney. Call the Panter Law Firm, PLLC, at 6016073156. If this is your first time involved in a legal action, consider the following information… Judicial Districts Mississippi has 82 counties.  There are 20 distinct Chancery and Circuit Court districts.  For example, Rankin County makes up the entirety [..]

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New ethics opinion on “ghostwriting”

We previously wrote here about ghostwriting for pro se parties in a lawsuit. Pro se parties are people representing themselves in court without a lawyer. The term ghostwriting refers to a situation where a lawyer drafts a legal document for the pro se party to sign and file with the court. In this instance, the [..]

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Expert Reports in Federal Court

When designating an expert witness in federal court in Mississippi, a lawyer must take into account the requirements of the Federal Rules of Civil Procedure, the Local Uniform Civil Rules for the Northern and Southern Districts of Mississippi, and the Federal Rules of Evidence. Which witnesses must be disclosed as experts? Rule 26, Fed.R.Civ.P., states [..]

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