Reuters - A federal judge in Texas on Friday ruled the Affordable Care Act, commonly known as Obamacare, was unconstitutional based on its mandate requiring that people buy health insurance, a decision in a case that could reach the U. Supreme Court. In the ruling, a majority of the justices concluded that the individual mandate unconstitutionally imposed a requirement that Americans buy insurance. However, a different majority held the mandate amounted to a constitutional tax penalty. The latter sawed off the last leg it stood on.
About A spokeswoman for California Attorney General Xavier Becerra, who was among a group of Democratic attorneys general defending the law, said they would appeal the decision. Powers of litigation guardian. Heading on documents when incapacitated person is represented. Service of documents. Representation to be disregarded in making award of costs. Award of costs enforceable against incapacitated person or litigation guardian. Liability of former litigation guardian for costs subsequently awarded against incapacitated person. Compliance with liability order. Litigation guardian may be reimbursed for costs out of property of incapacitated person.
Retirement, removal, or death of litigation guardian. Procedure when person ceases to be incapacitated person. Procedure when minor attains full age. Proceeding not to come to end. Procedure on death, bankruptcy, and devolution. Devolution when proceeding pending. New parties order. Discharge or variation of new parties order. Change of name. Parties wrongly joined. Striking out and adding parties. Right to interplead.
Form of application. Affidavit in support. Time for applying. Claimants to file affidavits. Powers of court. Costs of applicant. Identification of proper registry. Non-complying documents. Contents to be typed, etc. Signature to be original. Cover sheet, numbering, and fastening of document. Description of document. Heading generally. Format of cover sheet. Heading on statement of claim and counterclaim. Heading on judgment and certain orders. Heading on other documents. Division into paragraphs. Information at foot of cover sheet.
Distinct matters to be stated separately. Denial of representative character. Denial of contract. Effect of document to be stated. Notice requiring further particulars or more explicit pleading. Notice of proceeding to be filed with statement of claim. Requirements as to notice of proceeding. When not necessary to file notice of proceeding.
Proceeding commenced by filing statement of claim. Statement of claim to show nature of claim. Statement of claim to specify relief sought. Inclusion of several causes of action. Joint plaintiffs. Joining claims by or against spouses or partners. Specifying relief sought. Amount of money claim. Special damages. Representative capacity of party.
Registrar may refer plainly abusive proceeding to Judge before service. Requirement for signature and release of proceeding in certain circumstances. Authority to file documents. Authority of certain Australian solicitors in certain trans-Tasman proceedings. Solicitor on record. Authority to sign documents.
Change of representation or address for service. Withdrawal of solicitor who has ceased to act for party. Address for service of party whose solicitor has ceased to act. Solicitors to inform clients of orders or directions. Memorandum at end of first document filed by party. Order for security of costs. Solicitor not to be surety. Requirements of statement of defence. Appearance and objection to jurisdiction. Appearance for ancillary purposes. Appearance reserving rights. Counterclaim against plaintiff only. Heading of counterclaim. Filing and service.
Defence to counterclaim. Counterclaim against plaintiff and another person. Place of trial of counterclaim. Status of counterclaim if proceeding stayed. Counterclaim by counterclaim defendant. Restriction when the Crown involved. Duty to file and serve reply.
Contents of reply. Application of rules. Documents to be filed in proper registry. On filing treated as proceeding. Title of documents. Time for filing statement of defence. Transfer under section 91 of District Court Act Service generally. Personal service required. Prompt service required. Extension of time for service. Notice of service to Registrar. Registration procedure [Revoked]. Effect of registration [Revoked]. Renewal of registration [Revoked].
Requirements for e-filing [Revoked]. Provisional filing [Revoked]. Acceptance of provisionally filed documents [Revoked]. Affidavits and formal undertakings [Revoked]. Methods of service. Service of copies. Personal service on spouses or partners. Service at address for service. Service by means of post office box, document exchange, fax, or email. Service under agreement. Substituted service. Notices to be given by Registrar. Proof of service.
Personal service. Personal service on New Zealand corporations. Personal service in New Zealand on foreign corporations. Personal service on Australian corporations, partnerships, and attorneys. Personal service in Australia on foreign corporations. Personal service on unincorporated societies. Personal service on partnership or apparent partnership.
Personal service on attorney or agent of absentee. Service on representatives. Service on solicitor. Service of statement of claim on certain days void. Failure to give address for service. Service of foreign process. Sheriff to effect service. Method of service. Return as to service. Sealing and transmission of certificate. When allowed without leave. When allowed with leave. Service of other documents outside New Zealand. Notice to defendant served outside New Zealand. Service outside New Zealand. Service through official channels. Service in convention countries. Time for filing defence.
Subpart does not apply to service in Australia of documents for or in certain trans-Tasman proceedings. Outline of case management procedures for different types of proceedings. Proceedings subject of case management. Case management conferences generally. First case management review. First case management conference. Further case management conferences. Issues conferences. Allocation of key dates. Steps after close of pleadings date restricted.
Pre-trial conferences. Cancellation of conference. Limitation of right of appeal. Timetable and monitoring obligations. Lists of proceedings. Case management conferences for appeals. Directions for conduct of appeal. Jury notice. Case management conferences for proceedings under Part No steps after setting down date without leave [Revoked]. Contents, form, and filing of interlocutory application. Affidavit to be filed with application. Filing by post. Service of application and supporting affidavit. Application without notice. Notice of opposition to application. Affidavit to be filed with notice of opposition.
Affidavit in reply. Evidence normally given by affidavit. Cross-examination of maker of affidavit. Rules governing affidavits. Statements of belief in affidavits. When admissions binding. Previous affidavits and agreed statements of fact. Allocation of hearing date. Mode of hearing. Publication about hearing in chambers. Application for summary judgment to be heard in open court. No hearing required if respondents consent or do not oppose.
Respondent who consents, or who does not oppose, need not attend hearing. Synopsis of argument. Failure to attend. Certain applications may be made orally at hearing. Making of interlocutory orders. Directions as to conduct of proceedings. Power to grant interlocutory order or interlocutory relief. Interlocutory orders may be made subject to conditions. Determination of application without notice. Drawing up and sealing interlocutory order. Enforcement of interlocutory order. Order may be varied or rescinded if shown to be wrong.
Order relating to management of proceeding may be varied if circumstances change. Order may be rescinded if fraudulently or improperly obtained. Limitation as to second interlocutory application. Application for injunction. Undertaking as to damages. Preservation of property. Sale of perishable property before hearing.
Order to transfer part of property to person with interest in property. Interim payment of income to person with interest in income. Address for service. Receiver must give security. Remuneration of receiver. Accounts of receiver. Examination of accounts. Default by receiver. Powers of receiver. Accounts on death of receiver. Application for interim payment.
Order for interim payment in respect of damages. Order for interim payment in respect of sums other than damages. Method of payment. Directions on interim payment application. Non-disclosure of interim payment. Adjustment on final judgment or order or on discontinuance. Counterclaims and other proceedings. Filing of amended pleading. Recovery of specific property subject to lien or other security. Court may assist in negotiating for settlement. Arbitration by consent. Interim relief in support of overseas proceedings.
Preservation of documents. Initial disclosure. Discovery orders to be made at case management conferences. Two kinds of discovery. Standard discovery. Tailored discovery. Presumption as to tailored discovery. Obligation of party ordered to make tailored discovery. Preparation for first case management conference. Orders that may be made. Extent of search. Affidavit of documents. Schedule appended to affidavit of documents. Variation of discovery order. Continuing obligations.
Order for particular discovery against party after proceeding commenced. Order for particular discovery before proceeding commenced. Order for particular discovery against non-party after proceeding commenced. Costs of discovery. Incorrect affidavit of documents to be amended. Who may swear affidavit of documents. Challenge to privilege or confidentiality claim. Crown documents and public interest. Inspection of documents. Privilege and confidentiality.
Order facilitating inspection. Use of documents. Effect of failure to include document.
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Notice to produce documents or things. Contempt of court. Interrogatories by notice. Duties of party served. Limitation of interrogatories by notice. Multiple parties. Order to answer. Contents of statement.
FEDERAL RULES OF CRIMINAL PROCEDURE
Objection to answer. Who may swear affidavit verifying statement in answer to interrogatories. Insufficient answer. Incorrect answer to be amended. Answers as evidence. Public interest. Defamation proceedings. Notice to admit facts. Judgment on admission of facts. Objective and scope. Exchange of documents and index.
Preparation of common bundle. Consequences of incorporating document in common bundle. Consequence of not incorporating document in common bundle. Requirements in relation to briefs. Supplementary briefs. Exchange of chronology of facts intended to be relied upon at trial or hearing. Oral evidence directions. Compliance with Evidence Act Evidence-in-chief at trial. Briefs not given in evidence. Privilege and admissibility not affected by briefs. Cross-examination duties. Order for examination of witness or for letters of request. Security for costs for taking evidence outside New Zealand.
Documents for examiner. Procedure for examination before examiner. Examination of additional persons.
Objection to question. Form of report. Depositions as evidence. Letters of request where convention exists. Issue of letters of request. Agents of parties. Consequences of non-compliance with undertaking as to expenses. Application by Solicitor-General on letters of request from abroad. Order for medical examination. Service of report.
Evidence of medical practitioner when medical examination ordered. Order for inspection, etc. Notice of application. Appointment of court expert. Submission of question to court expert. Report of court expert. Experiments and tests. Cross-examination of court expert.
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Remuneration of court expert. Calling of expert witnesses. Expert witness to comply with code of conduct. Court may direct conference of expert witnesses. Status of joint witness statement by expert witnesses. Evidence of expert witnesses at trial. Right to preserve evidence. Procedures in which the Crown may have interest.
Examination of witness. Subsequent admissibility. Evidence to be given orally. Issue of subpoenas. Service of subpoena. Evidence of person in custody. Affidavit evidence by agreement. Affidavit evidence under order of court. Agreed statement of facts. Issue of subpoenas by High Court for service in Australia.
Leave to serve New Zealand subpoena on witness in Australia. Service of subpoena on witness in Australia. Application to set aside New Zealand subpoena. Service of documents on applicant. Hearing of application. Failure to comply with subpoena. Transmission of documents or things to Australian Court. Evidence and submissions by remote appearance medium from Australia. Application of rules 9. Time for filing affidavits in reply. Use of affidavits. Swearing of affidavits. Cross-examination of person who has sworn affidavit.
Person refusing to make affidavit. Form and contents of affidavits. Exhibits to affidavits. Interlineation, alteration, or erasure in affidavit. Irregularity in form of affidavit. Service copies of affidavits. Affidavit may be sworn on Sunday. Affidavits made on behalf of corporation. Affidavit by 2 or more persons. Affidavit by blind or illiterate person.
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Authority to take affidavits in New Zealand. Authority to take affidavits in places outside New Zealand. Meaning of authenticated deposition. Admissibility of authenticated deposition. Application of other rules. Venue and changing it. Adjournment of trial. Method of trial. Court may order separate trials. Existence or accuracy of record.
When neither party appears. When only plaintiff appears. When only defendant appears. Judgment following non-appearance may be set aside. When both parties appear. When proceeding tried with jury. When order may be made. Application of rule Definition of question. Orders for decision. Removal into Court of Appeal. Agreed result. Record, etc, of decision. Disposal of proceeding if proceeding substantially affected by decision of question.
Form and contents of case. Insufficient case or disputed facts or documents. Counsel assisting. Judge may preside at hearing of certain matters by video link. Requirements for hearing by video link.
Incidental directions. Types of judgment. How judgment given. Time judgment given. Delivery time of written judgment. Form of judgment. General court order. Duplicate judgments. Death or incapacity of Judge before judgment. Further submissions after end of hearing but before judgment.
Recalling judgment. Correction of accidental slip or omission. Judgments to be sealed, dated, and served. When judgment takes effect. Steps before judgment sealed. Judgment after proceeding tried with jury. Leave to apply to set aside judgment. Judgment not in accordance with verdict. Application for judgment on special verdict or subject to special case.
Application for judgment by both parties. Conduct of proceedings after judgment. Applying for dismissal because of inactivity. Judgment directing sale of property. Judgment for balance of claim over counterclaim. Judgment for balance of counterclaim. Cross judgments.
Judgment if third party defends. Interest as part of judgment debt. Satisfaction of judgment. Application of summary judgment procedure. Judgment when there is no defence or when no cause of action can succeed. Summary judgment on liability. Interlocutory application for summary judgment. Service out of New Zealand. Time for service. Postponement of hearing. Notice of opposition and affidavit in answer. Affidavits in reply. Disposal of application. Setting aside judgment. Application to counterclaims and claims against third parties.
Application of Part. Power of court to make unlawful occupiers defendants. Judgment for possession. Possession order. Costs at discretion of court. Principles applying to determination of costs. Categorisation of proceedings. Appropriate daily recovery rates. Determination of reasonable time. Increased costs and indemnity costs.
Refusal of, or reduction in, costs. Costs on interlocutory applications. Costs may be determined by different Judge or Associate Judge. Written offers without prejudice except as to costs. Effect on costs. Proceedings within jurisdiction of District Court. Joint and several liability for costs. Defendants defending separately. Claim and counterclaim both established.
Set-off if costs allowed to both parties. Appointment to tax costs. Taxation of disbursements. No charge allowed for bill of costs. Registrar sole judge of questions of fact. Direction to Registrar to ascertain expenses. Review of taxation. Dismissing or staying all or part of proceeding. Dismissal for want of prosecution. Application where appearance. Affidavits to be filed. When several causes of action. When several defendants.
Liquidated demand. Recovery of land or chattels. Formal proof for other claims. Judgment may be set aside or varied. Overseas service cases. Other proceedings [Revoked]. Judgment may be set aside or varied [Revoked]. Overseas service cases [Revoked]. Admission of cause of action. Admission of defence.
Right to discontinue proceeding. Restrictions on right to discontinue proceeding. Effect of discontinuance. Court may set discontinuance aside. Restriction on subsequent proceedings. Certain remedies not affected. Orders for accounts and inquiries. Summary order for accounts. Mutual accounts. Direction as to evidence. Remuneration of accountant. Form and verification of account.
Filing and service of account. Notice of receipt that is not admitted. Notice of error. Admission of items. Appointment and notice for taking accounts. Parties to attend account hearing. Adjournment of account hearing. Power of summary decision. Examination of accounting party. Production of documents. Interest on debts of deceased person. Interest on legacies. Accounting and estimates. Directions for inquiries. Powers of persons taking accounts or making inquiries. Duty of persons summoned to attend. Time for proving claims. Statement of claim to be filed.
Failure to claim within time. Result to be certified. Certificate when approved to be signed by Judge. Effect of certificate when filed. Distribution before all persons entitled are ascertained. Payment of share carried over to separate trust account. Method of enforcing orders. Method of enforcing judgments. No excessive recovery. No enforcement against the Crown. Enforcement by or against non-parties. Enforcement against partners or alleged partners. Issuing enforcement process as of right.
When leave to issue enforcement process necessary. Notice to liable party to complete financial statement. Order for examination. Service of order for examination.