Notes in 031 - 033: Consolidation to Demurrer to Evidence

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Published 09/10/2024 When may the court consolidate actions?When actions involve a {{c1::common question of law or fact}}, the court may:{{c1::Order a joint hearing or tri…
Published 09/10/2024 When can the court order separate trials?The court may order separate trials for:{{c1::Any claim, cross-claim, counterclaim, third-party complaint, or…
Published 09/10/2024 How is an oral offer of exhibits made?Answer: The offer of evidence, comments or objections, and the court’s ruling are made orally in accordance with…
Published 09/27/2024 When may the court delegate the reception of evidence?The judge must personally receive evidence unless:{{c1::It is a default or ex parte hearing}}, o…
Published 09/10/2024 How is reference by consent done?Answer: By written consent of both parties, the court may refer any or all issues to a {{c1::commissioner}} {{c2::cho…
Published 09/10/2024 When can a court direct a reference without consent?When:{{c1::The trial involves a long account.}} In this case, the commissioner may be directed to …
Published 09/10/2024 What powers does a commissioner have?The commissioner may:{{c1::Regulate proceedings;}}{{c1::Issue subpoenas;}}{{c1::Swear witnesses;}}{{c1::Rule on e…
Published 09/10/2024 What must the commissioner’s report contain?{{c1::The report must include findings of fact, conclusions of law, all exhibits, affidavits, depositions,…
Published 09/10/2024 What happens after the commissioner files a report?Answers: The parties are {{c1::notified}} and have {{c1::10 days}} to file {{c1::objections}} based…
Published 09/10/2024 What happens after the 10-day objection period?The court holds a hearing, then it may:{{c1::Adopt, modify, or reject the report;}}{{c1::Recommit it wi…
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