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On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or excusable neglect; (2) Newly discovered evidence which by due diligence could not have been discovered ...
The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one (1) year after the judgment, order, or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation.
Federal Rule of Civil Procedure 45 allows a court to quash a subpoena that requires a party to produce certain sensitive information. The examples provided in Rule 45 include trade secrets and confidential research, development, or commercial information.
A party may depose any person who has been identified as an expert expected to testify when the expert interrogatory has been responded to by the other party.
For example, Rule 45(c)(1) directs that a party serving a subpoena ?shall take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena,? and Rule 45(c)(2)(B) permits the person served with the subpoena to object to it and directs that an order requiring compliance ?shall protect a ...
An action may be dismissed by the plaintiff without order of court (A) By filing notice of dismissal at any time before service by the adverse party of an answer or a responsive pleading or a motion for summary judgment, whichever first occurs; or (B) By filing a stipulation of dismissal signed by all parties who have ...
Rule 23 - Trial by Jury or by the Court. (a)Trial by Jury. Cases required to be tried by jury shall be so tried unless the defendant in open court waives a jury trial in writing with the approval of the court.
Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court in which the action is pending.