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Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit.
The incorporation of the Jencks Act limitation on the pretrial right of discovery provided by Rule 16 does not express a contrary intent.
This principle does not prevent the government from appealing a pre-trial motion to dismiss or other non-merits dismissal, or a directed verdict after a jury conviction, Nor does it prevent the trial judge from entertaining a motion for reconsideration of a directed verdict, if the jurisdiction has so provided by rule or statute.
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A good model is provided by rules from the Department of Transportation and the Environmental Protection Agency, widely supported by the automobile industry, which will increase the fuel economy of cars to more than 54 miles per gallon by 2025.
The court may provide by rule for a hearing of an oral argument by counsel before said commission: provided, that no cause shall be referred to said commissioners in which they, or any of them, are or have been interested as counsel or otherwise.
For example, Mr. Fishman's sale of his Big Lots shares was not part of a Rule 10b5-1 plan, so he will not get the benefit provided by the rule in his defense.
This is, in part, attributable to the discretion provided by the rule to leave it to the banks to determine how best to aggregate their business activities.
The safeguards provided by the Rule 23(a) and (b) class-qualifying criteria, we emphasize, are not impractical impediments-checks shorn of utility-in the settlement class context.
The safeguards provided by the Rule 23(a) and (b) classqualifying criteria, we emphasize, are not impractical impediments checks shorn of utility in the settlement-class context.
A different suggestion is that morality has the sort of authority over us that can only be provided by a rule.
However, Arizona's statute provides that "If the court finds that the lawsuit was brought to deter or prevent the exercise of constitutional rights or otherwise brought for an improper purpose, the moving party is encouraged to pursue additional sanctions as provided by court rule". A.R.S. § 12-752(B).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com