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The Rules of Civil Procedure

1. After the plaintiff rests his case, he is deemed to have completed his presentation of evidence. If he forgets to include some evidence, he can’t get another turn and include it. If he would like to counter any evidence presented by the defendant, he is unable to call a witness to refute the evidence. He will have an opportunity to cross examine witnesses but this is limited to only the matters brought up during direct examination. Is this fair? Why or why not? Respond to instructor via email.

2. The rules of civil procedure provide that a motion for attorney fees and costs must be filed within 30 days after the action is completed. If there is no basis for a claim for attorney fees, the prevailing party can only recover for costs, such as deposition fees. Should all prevailing parties be able to recover attorney fees? Why or why not? Should there be a rule which provides that if a civil matter is successfully defended, the defendant is awarded attorney fees? Why or why not? Respond on discussion board.

3. You have completed this course and have experienced some of the paperwork involved in litigation. There is a growing movement in the court system to have all courthouses become paperless. Attorneys would be required to email their pleadings to the court. The documents would be indexed. There will not be court files or paperwork in the court rooms or judge’s chambers. Judges will be required to have a computer on their desks and look at any and all pleadings on a monitor. Do you think this will increase the efficiency of the courthouse or make it easier for judges to conduct trials and hearings? What problems do you foresee in hearings and trials? Sometimes, original pleadings get lost by the clerk’s office. Do you think this system will prevent this or increase this problem and why? What about the necessity to send copies to opposing counsel? Should this be paperless? Why or why not? Respond on discussion board.

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Category: Sample Questions