Service of Process in Foreign Countries

The Federal Rules of Civil Procedure are court rules that govern the procedure to be followed in civil lawsuits that are filed in federal court. The Federal Rules specify how service of process (notice that a lawsuit has been filed) is to be made on the defendant (the person being sued). A court must have personal jurisdiction over a defendant before it can enter a valid judgment against the defendant. There are special rules for service of process on individuals in a foreign country. This article discusses the procedure to be followed in serving an individual in a foreign country.

Settlement Conferences in State Appellate Courts

The increased volume of appeals in cases has led to significant delays in finalizing an appeal. This has prompted state appellate courts to re-evaluate their case management procedures and adopt methods that promote speedier resolution of appellate cases. This article focuses on the use of settlement conferences prior to oral argument to reduce the backlog of cases and accelerate the appeal process. The stated goals of settlement conference programs are to encourage the settlement of appeals, simplify the issues, expedite appeals, and reduce costs.

Guardianship

A guardian is a person appointed by the court to act on behalf of a person who is considered legally incompetent. A person is presumed to be competent. However, someone can file a petition for guardianship with the court detailing why the person needs a guardian. If the court finds that the person is incapable of making health, personal, or financial decisions due to illness or disability, the court will appoint a guardian. The incompetent person is called a ward.

Personal Representatives

When a person dies, state law establishes legal procedures for settling the deceased person's estate. This process is called probate. If the person has a will, he/she may name someone to serve as personal representative. A personal representative is the executor or administrator of a deceased person's estate. In some states, the terms executor and administrator are used in place of personal representative. If no personal representative is specified by will or if the person dies intestate (without a will), the probate court will appoint someone to serve as personal representative.

Ex Parte Communications

An ex parte communication is a written or oral communication with a judge that involves only one side of a pending lawsuit or that involves a matter that could become the subject of a future case before the judge. Ex parte communications include a judge's interactions with persons interested in the outcome of a case such as attorneys, parties, jurors, witnesses, and law enforcement personnel. Generally, ex parte communications are prohibited because they can influence the judge's decision.