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    djvereen's Avatar
    djvereen Posts: 2, Reputation: 1
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    #1

    Sep 21, 2010, 09:38 AM
    What does it mean to invoke the rules of civil procedure
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 21, 2010, 09:41 AM

    It means that the Court is "using" the rules of civil procedure - what specifically are you asking about?

    For example, if the "rules" say someone must be personally served and is NOT personally served the case is dismissed under the Rules of Civil Procedure.

    Just an example.
    djvereen's Avatar
    djvereen Posts: 2, Reputation: 1
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    #3

    Sep 21, 2010, 10:02 AM
    Comment on JudyKayTee's post
    I was in a pretrial hearing for a small claims case and my client wanted to go to trial and not settle. The opposing attorney stated before the judge that he was requesting to invoke the rules. The judge agreed. What is supposed to happen now?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Sep 21, 2010, 12:20 PM
    Quote Originally Posted by djvereen
    I was in a pretrial hearing for a small claims case and my client wanted to go to trial and not settle. The opposing attorney stated before the judge that he was requesting to invoke the rules. The judge agreed. What is supposed to happen now?
    Please don't use the "comments on this post" thing for a follow-up question. Use "answer this question" instead.

    Your client? You aren't an attorney? Or perhaps you are one but were nevertheless confused by the terminology?

    My guess as to what he meant is that he wanted to opt out of small-claims procedure. If so, it will be treated as a "regular" civil case.
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