Corroborate Countersignature Order with airSlate SignNow

Corroborate countersignature order

hey guys welcome to this video my name is john watts i'm a consumer protection lawyer and i just got off a virtual trial and so that's why i'm wearing a tie and it occurred to me that you know a lot of times in my line of work where we're doing trials understanding the rules of civil procedure that is very very important and i thought i would share this website with you and we're not going to go into the details of these rules but kind of give you an overview of them so first of all what are the rules of civil procedure well those are the rules that govern civil lawsuits just like the rules of an nfl football game you know that tells you how you do that now if you're playing basketball that's different if you're playing college football there's going to be some differences so when we're talking about lawsuits and how you file a lawsuit how you respond to a lawsuit how you conduct discovery what about summary judgment all those types of things are covered by the rules of civil procedure so every state has its own version of the rules of civil procedure so where i practice there's alabama rules civil procedure and then if you're in florida there's florida rural civil procedure georgia and new york and all these places and they can have different numbering systems but the most common is to really basically track these federal rules and so that's what we do in alabama and in most states i think that's true so you can look at these and and this is federal rules of civil procedure.org it's a pretty good website right and these are updated through december of 2019 so these are the 2020 rules and they get updated uh once or twice a year but these will be accurate enough for our purposes and of course if you're in state court you need to find your own state version of the rules and as i mentioned they may or may not match the numbering but probably they match the numbering so i just want to show these to you so we have this first section which is the scope of the rules the form of action in other words what do these rules do and what is the form of action so let me just click on this just as an example there's one form of action the civil action now before these rules there were all different types of things sort of complicated names for but civil lawsuits we have a civil action same thing and then title two is okay now that we know what a lawsuit is how do we start one and how do we serve the other side with that lawsuit well this is what we do so rule three is a civil action is commenced by filing a complaint with the court so that's how you start a lawsuit and then this tells us about the summons rule 4.1 how do you serve people of rule 5 servicing or serving papers rule six how do we compute time so a lot of times in court judge may say you have 10 days to do this or five days to do this or 28 days well how do you count and do you count weekends do you count holidays what do you do and what happens if your deadline falls on a weekend or a holiday do you take it back one day or do you go forward one day well these rules tell us and then we get into title three and this is a big area of focus when you're in court and that is the pleadings and the motion so what types of pleadings are allowed what's this rule nine pleading special matters and so let's just look at this real quick and uh we've got if we're pleading fraud things like that a party must state with particularity the circumstances constituting fraud so it just tells us some little different rules based on what we're pleading and then here's the form of the pleadings rule 11 is basically you can't say something that's false or untrue or you can be sanctioned for that rule 12 this is a big one these are defenses so this gives us the deadline this is going to be different in state court but in federal court is 21 days after being served and then we have here are some defenses and we've talked in other videos about affirmative defenses so here are some defenses that can be pled such as lack of subject matter jurisdiction personal jurisdiction improper venue and then we have pleadings and then we have what's called a motion for more definite statement we have motion to strike we have what happens if you don't plead certain defenses well you would wave those defenses and lose those defenses and then it goes on and so we have rule 13 counter claim what happens if you want to amend your answer or amend your complaint well rule 15 tells us about that how do you amend or supplement your pleadings and then title iv is party so you know can you sue more than one person at a time can you sue two people that have nothing to do with each other that are totally different lawsuits can you bring them together what about class actions then title five this is a lot of sort of time is spent in this part of the world and that is disclosures and discovery so what what are depositions what are depositions when you do it verbally how about depositions by written questions that would be rule 31 rule 33 interrogatories rule 34 typically known as request reproduction of documents rule 35 what if you want to examine a party how do you do that let's just look at this it's not used very often but maybe there's a mental or physical condition is in controversy so how do we get the ability to have a doctor examine somebody rule 36 request for admissions rule 37 what if somebody's not responding properly how do you compel them to answer well this tells us then title six is all about trials title seven is about judgments so we have default judgments rule 55 rule 56 summary judgment that comes up a tremendous amount and then we have some uh title eight some other things and so my point is just to let you see the big picture and when people talk about rules so they'll talk about i'm filing a 12b6 motion well what in the world is that well we come back here to rule 12 and we say okay here's a that gives us the timing and then we come to b okay so how to present defenses a party may assert the following defenses by motion so when we're talking about affirmative defenses those are put in your answer but if you say you know what before i even file an answer i want to attack this lawsuit so you do a 12b motion it could be 12b1 hey there's no subject matter jurisdiction judge you don't have the power over this type of lawsuit 12b2 like a personal jurisdiction hey as the defendant you have no power over me could be because i'm not subject to this court's jurisdiction that would be for example let's say i live in alabama i've never visited wyoming i've never done business in wyoming and i get sued in wyoming so there's no personal jurisdiction that court has no power over me in wyoming now a national company say a debt collector that collects all over the nation a trucking company that drives all over the nation we can sue them anywhere because we have personal jurisdiction over there how about 12b3 improper venue so somebody might say look you have subject matter jurisdiction and you have personal jurisdiction over me but you see me in the wrong place this needs to go to a different court that would be improper venue or insufficient service and and so the point is whenever you see these things you can look up the rule and read it and of course you need to look up see what which your particular judge or your particular district if you're in federal court how they interpret the rules but typically it's pretty uniform and so if you have a particular interest in any of these rules let me know and i'll put those on the list to do a video but i just wanted you to see first of all where you can find these and again it's federal rules of civil procedure dot org slash frcp and that's the abbreviation for federal rules of civil procedure so we say frcp 56 well that's rule 56 of the federal rules of civil procedure and i'll drop this link also in a comment or the description and i appreciate you watching and i'll catch you in the next one okay bye-bye you