Category: Civil Procedure

Authenticating evidence

This is the first of several posts addressing the admissibility of evidence in court. This post focuses upon the process of authenticating evidence. How do I authenticate the evidence? There are two Mississippi Rules of Evidence that help answer this question – – Rules 901 and 902. Let us start with Rule 901 “Requirement of [..]

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Appeal deadlines – – a potential trap

In this post, we discuss a recent court decision regarding appeal deadlines in federal court that may present a potential trap for the unwary. The usual situation. Most final judgments of a federal district court can be appealed to the federal circuit court that embraces that particular district court. For example, the United States Court [..]

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The common core doctrine and attorney’s fees

We previously wrote here about the ability of a winning party to also recover its attorney’s fees. This post addresses the common core doctrine and its effect on such a recovery. Why is the common core doctrine important? In a lawsuit, a plaintiff will often have asserted multiple claims or sued multiple defendants. Sometimes, a [..]

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Google Maps and judicial notice

The narrow focus of this post is on the ability to have the court take judicial notice of Google Maps and similar information from the internet. The law on judicial notice Rule 201(b) of the Mississippi Rules of Evidence allows a court to judicially notice a fact that is not subject to reasonable dispute because [..]

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A few pointers on venue

On August 6, 2020, the Mississippi Supreme Court issued its opinion in Taylor Construction Company, Inc. v. Superior Mat Company, Inc. In that opinion, the Court addressed the standards for determining when venue is proper in a particular county. The facts in that case are not particularly important. Instead, the case provides a good summary [..]

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Attorney Fees – Exception to the “American Rule”

We previously wrote here about the ability to recover attorney’s fees in a lawsuit. As we noted, the “American Rule” generally states that a party must pay his own fees, although there are several exceptions. This post addresses another exception that has been recognized in other states but that Mississippi courts do not appear to [..]

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30(b)(6) Depositions

In federal court, a party may take a deposition of an organization under Rule 30(b)(6) of the Federal Rules of Civil Procedure. The Rule states in relevant part: A party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable [..]

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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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