The Federal Rules of Civil Procedure (FRCP) guide civil actions in the U.S. District Courts. The FRCP provides a comprehensive framework for fair, efficient, and economical execution of civil proceedings. The Supreme Court implemented the original version in 1937, and the 12 titles have been revised and amended over the years. Title 1 – FRCP Scope: Summarizes the overall mission of uniformity and equitable administration of federal civil actions. Title 2 – Commencement of Suits: How suits are initiated via complaint and the processes
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The Federal Rules of Civil Procedure (FRCP) outline procedures in civil matters in U.S. District (federal) courts. These rules are initiated by the U.S. Supreme Court in accordance with the Rules Enabling Act, then Congress has a period of seven months to veto the rule or it becomes law. The Federal Judiciary has a Judicial Conference, which typically recommends changes to the rules. Federal courts must apply individual state laws when deciding cases; however, if state law is ambiguous, the FRCP can
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O.J. Simpson was recently granted release via parole from a Nevada prison. He still owes a $33.5 million civil judgment in the wrongful death case involving Nicole Brown and Ronald Goldman. The judgment was renewed in 2015 for an additional ten-year period. What property and assets are shielded from such civil judgments? Some states allow those awarded a judgment to garnish the earnings of individuals. Simpson maintains residency in Florida, which limits garnishments to 25% of earnings. The state also has strong “homestead” laws
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When a court awards a civil judgment, it does not always result in a quick payment. Judgments must be collected before the expiration date. County court judgments run six years, while those in district courts extend it to twenty years. The party who is owed the award is known as the Judgment Creditor and the party who is responsible to pay the award is the Judgment Debtor. If an uncollected judgment is nearing expiration, you can petition the court for an extension. Remember, you
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An 18-year-old man from Santa Fe, NM, is alleged to have been responsible for the death of Corrina Vaden, an Aurora, CO woman while operating a vehicle under the influence of alcohol in a severe crash which also injured two other passengers. Luke Griffin is facing criminal charges of vehicular homicide, DUI, and others, and was reported to have been well beyond the legal limits for being impaired. New Mexico’s alcohol threshold for operating a vehicle is merely .02 for those under
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Paul Sizemore and his wife Jennifer Lenze were vacationing from California and went on a whitewater rafting trip hosted by Blazing Adventures in Aspen, CO. Sizemore, age 44, was knocked from the raft amid a stretch of the river referred to as “Hell’s Half Mile” and was unable to be rescued. His wife brought a claim of negligence and wrongful death against the company and several employees. All participants in these excursions must sign a document known as a “Participant Agreement for
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Legislation is well underway in the U.S. House that will mandate that all helicopters now be manufactured with crash-resistant fuel tanks. In 2015, a fatal helicopter crash in Frisco claimed the pilot’s life and severely injured two others. Jared Polis and Ed Perlmutter, both U.S. Representatives from Colorado, are sponsoring the bill. Perlmutter said that although the problem was detected years ago, nobody has required that a solution is mandated for this hazard. Those investigating the incident feel that the crash may
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The Denver Post reports that people and animals continue to be bitten by venomous rattlesnakes across the state. A family in Hayden says their dog was recently taken to Dr. Wayne Davis at Craig Veterinary Hospital for the treatment of two bite wounds and was administered anti-venom medicine. Davis has treated a total of 12 bitten animals so far this year. The veterinarian thinks the increase in the snake population stems from a surge in the population of ground squirrels–their preferred prey.
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This premises liability case reached the Colorado Supreme Court. A claim was brought against William and Gladys Franklin, who were homeowners with a swimming pool where a severe injury occurred. James Vigil, who is mildly mentally retarded, was working at the home as a laborer as part of a program for the Arkansas Valley Handicapped Community Center. Vigil decided to dive into Franklin’s above-ground pool, which was only four-foot-deep. When he dove, Vigil’s head hit the bottom of the pool, causing significant
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Michigan’s Supreme Court ruled on a personal injury case involving Virginia Rawluszki, who was killed when hit by a truck in a parking lot of a Menard’s home improvement store. The court unanimously decided to leave the appeals court decision in place and have them try the case with a jury, or reach a settlement. The family of the deceased asserts that the retailer should have installed stop signs at a crosswalk they created in the lot. The defense says that the
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The Colorado Gazette reported that a hot-air balloon ride with 17 passengers was forced into a crash landing in a retention pond near Orlando. An unexpected shift in the wind forced the pilot to land in the water to avoid power lines. The pond is known to be a home to several alligators. According to Orlando Balloon Rides, the pilot, who had over 2,000 hours of balloon flying experience, was able to navigate a landing safely and there were no injuries. Both
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This Fourth of July several Colorado communities decided to cancel their annual fireworks displays due to the heightened risk for fires. The regions have all been experiencing hot and dry weather, coupled with high winds, are a combination that is conducive for quickly spreading fires. The Public Information Office of the Durango Fire Department stated that the fireworks would pose to great a safety risk. A recent house fire in Durango spread to a wildfire that burned across 400 acres of land.
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Armor Correctional Health Services Inc. is a company that presently provides medical care services to approximately 40,000 inmates in the U.S. The Miami-based organization was recently awarded a contract for the jail facility located in El Paso County, CO. The value of the contract for this 1,500 bed facility is estimated to reach roughly $40 million. Last year, Armor was prohibited from providing care in the state of New York after a series of deaths occurred. The company is said to have many pending
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