A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.
In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.
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(E) Failure to prosecute civil actions or comply with rules. Whenever there has been a failure to comply with these rules or when no action has been taken in a civil case for a period of sixty [60] days, the court, on motion of a party or on its own motion shall order a hearing for the purpose of dismissing such case.
Rule 30. Depositions Upon Oral Examination (F) Certification and Filing--Exhibits?Copies. (1) The officer shall certify on the deposition that the witness was duly sworn by him the officer and that the deposition is a true record of the testimony given by the witness.
Rule 55 - Default (A) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise comply with these rules and that fact is made to appear by affidavit or otherwise, the party may be defaulted by the court.
The party upon whom the interrogatories have been served shall serve a copy of the answers and objections within a period designated by the party submitting the interrogatories, not less than thirty (30) days after the service thereof or within such shorter or longer time as the court may allow.
Rule 35 - Motion for Extension of Time (A) Time for Filing. Any motion for an extension of time shall be filed at least seven (7) days before the expiration of time unless the movant was not then aware of the facts on which the motion is based.
Can obtain discoverable documents/things prepared in anticipation of litigation or for trial only upon a showing that party seeking discovery has substantial need to prep his case and is unable without undue hardship to obtain substantial equivalent by other means.
Rule 34. Production of documents, electronically stored information, and things and entry upon land for inspection and other purposes 47. Rule 35. Physical and mental examination of persons 48. Rule 36.
An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny or that the inquiry would be unreasonably burdensome.
