Category: Civil Procedure

Arbitration between Client and Attorney

We previously wrote here about your ability to make the other side in a lawsuit pay your attorney’s fees, including lawsuits involving federal civil rights. Today we write about a recent Fifth Circuit case styled Gallagher v. Vokey which involves a dispute between a client and his own lawyer over the issue of fees. The [..]

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Time to serve a summons

Pursuant to Rule 4(h) of the Mississippi Rules of Civil Procedure, a plaintiff is permitted 120 days in which to serve the defendant with the summons and complaint. Specifically, the Rule states: If a service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint [..]

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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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