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...properly used a /s/ marking as a substitution for his own signature in accordance with Uniform Rule § 202. 5-b (e)(1)(iii) (Reply Affirmation of Stephen Kitzinger in Further Support of Respondent's Motion To...Uniform Rule § 202.5-bb excepts Election Law proceedings from mandatory filing (Uniform Rule §202.5-bb (a)(2)(h)). The most recent Administrative Order, effective May 23, 2018, prohibits both mandatory and....
It bears noting that this is not a uniform rule throughout the State. By current Administrative Order, Election Law proceedings may currently be e-filed on co...
...sometimes treat them as part of the merits, considerations of “operational consistency and predictability in the overall application of § 1291” favored a “uniform rule.” Id., at 202, ...as part of the merits, it held that considerations of “operational consistency and predictability in the overall application of § 1291” favored a “uniform rule that an unresolved issue of attorney's fees for the litigation in questi...fees to prevailing defendants. More basic, Budinich 's uniform rule did not depend on whether the law authorizing a particular fee claim treated the fees as part of the merits...
...Michigan Parol Evidence Rule, specifically § 2-202 of the Uniform Commercial Code. The parol evidence rule prohibits consideration by the...Michigan law, we consider the certified question whether the district court was correct in applying the parol evidence rule of the Michigan Uniform Commercial Code to exclude from the court's consideration...S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). As with a Rule 50 directed verdict, a motion for summary judgment may be granted only if, as a matter of...
...Matrix Computing v. Davis, 554 S.W.2d 288 [Tex]). Nor can section 1-202 of the Uniform Commercial Code be used as an exception to the hearsay rule, since the freight bills were not...authorized or required by the contract sued upon by the plaintiff (see Uniform Commercial Code, § 1-202, Official Comment No. 2). Similarly, there was no foundation laid to warrant the admission of...
...COMMERCIAL CODE UPON. — Parol evidence rule is not changed under terms of Uniform Commercial Code. [Ark. Stat. Ann. 85-2-202 (Add. 1961).] 2. EVIDENCE — PAROL EVIDENCE AFFECTING SALES CONTRACT...the Uniform commercial Code as found in Ark. Stat. Ann. 85-2-202 (Add. 1961), the parol evidence rule is not changed. Under the circumstances of the instant case this evidence was inadmissible under our.... Estes for appellant.
Murphy Burch, for appellee.
1. EVIDENCE — PAROL EVIDENCE RULE, EFFECT OF UNIFORM...
...charge to comply with Uniform Superior Court Rule 10.3. In Bullock v. State, 202 Ga. App. 65...
...entitled to have the trial judge recused. A motion for recusal must be both legally sufficient and timely. Uniform Superior Court Rule 25.1.... Sumner, 211 Ga. App. 202, 204 (3) ( 438 S.E.2d 676) (1993). Although Bates withdrew from representation prior to the final settlement, it is.... Harris v. State, 202 Ga. App. 618, 622 (7) ( 414 S.E.2d 919) (1992). Lipton's motion was neither timely nor had the requi...
....
Id.
Delaware Uniform Rule of Evidence 202(d)(1)(B) provides that "[j]udicial....
Del. R. Evid. 202(d)(1)(B).
The Family Court did not rely on the evidence pre-dating the current litigation. The trial judge...record reflects the Family Court complied with that rule. Therefore, there was no error.
Reasonable Efforts...
.... 4. EVIDENCE — RECORDED RECOLLECTIONS — APPLICABILITY OF RULE 803 (5). — Uniform Rules of Evidence, Rule 803(5), Ark. Stat. Ann. 28-1001 (Repl. 1979) recognizes the common law rule permitting a...had told the sheriff her statements to him were admissible for impeachment as inconsistent out-of-court statements made by her. [Uniform Rules of Evidence, Rule 613, Ark. Stat. Ann. 28-1001 (Repl...perjury. [Uniform Rules of Evidence, Rule 801(d)(1), Ark. Stat Ann. 28-1001 (Repl. 1979).] 8. EVIDENCE — ADMISSIBILITY OF — OBJECTION TO TESTIMONY ADMISSIBLE FOR ONE PURPOSE. — When evidence is...
...weigh such evidence. The parol evidence rule established by section 2-202 of the Uniform Commercial Code states that a contract "may not be contradicted by evidence of any prior agreement or of a...performance of the contract (Uniform Commercial Code, § 2-208, subd [1]; § 2-202, subd [a]). Accordingly, we conclude that it was error for the trial court to hold that the subject writing was "intended...* * * as a complete and exclusive statement of the terms of the agreement" (Uniform Commercial Code, § 2-202, subd [b]). As to the second cause of action set out in the complaint we agree with the...
...title accordingly passed to the corporation when the contract was made. Sec. 19, Rule 1, chap. 202, Sess. Laws, 1917, the Uniform Sales Act. Moreover, the question of the title to the goods, under the...
...Uniform Commercial Code, U.C.C. § 2-202 comment 2, and the Restatement (Second) of Contracts §§ 2002-04 (1981).
As Professor Shattuck notes, however, even while sometimes following the...contractual word or phrase have only a single meaning that is readily understood by any reader.
[5] Contracts — Construction — Extrinsic Evidence — Context Rule. As an aid in...field.
[8] Contracts — Parol Evidence — Elements — In General. Under the parol evidence rule, parol or extrinsic evidence is not admissible to add to, subtract from, vary, or...
.... On appeal, appellant argues that the trial court was in error in allowing testimony which violated the parol evidence rule. We agree.
The Uniform Commercial Code, Article 2...contains a codification of the parol evidence rule. Ark. Stat. Ann. 85-2-202 (Add. 1961); Green Chevrolet Company v. Kemp, 241 Ark. 62....
1. EVIDENCE — PAROL EVIDENCE RULE — REQUIREMENTS. — The parol evidence rule requires, in the absence of fraud, duress, mutual mistake, or something of...
....'
Broude, The Consumer and The Parole Evidence Rule: Section 2-202 of the Uniform Commercial Code 1970 DUKE L.J. 881, 896 (1970...rule "embodied" in section 2.202 to a suit on a promissory note).
It is pointed out that UCC 2-202 does not allow the reception of parol evidence until it is determined by the court...that the writing was intended as the final and complete contract of the parties. R. Anderson, Uniform Commercial Code, § 2-202:21 (3d ed. 1981). "The mere fact that there is a writing does not...
...statutory definition. Defendants' interpretation would impermissibly contradict (as distinguished from "explain" or "supplement") (see Uniform Commercial Code, § 2-202) the written agreement...and would do violence to the parol evidence rule. The divisor should therefore be 5,833 and not 10,000. Applying the formula to that part of the service fees which is conceded yields the sum of $69,720...
...require complete disregard of the parol evidence rule set forth in section 2-202 of the Uniform Commercial Code. Whatever the course of conduct between the parties may have been with respect to rental...the Eisert entities to "grant discounts" (albeit not in uniform percentages) after the construction contracts were completed, and that for that reason defendant would not question the prices set forth...
...vacate the trial court's decision and remand the cause for consideration in light of the Tennessee Uniform Statutory Rule Against Perpetuities, including, but not limited to, sections 66-1-202 and -204 of.... We vacate the decision of the trial court and remand for consideration of the cause in light of the Tennessee Uniform Statutory Rule Against Perpetuities, T.C.A. §§ 66-1-201 to -208...statutory Rule Against Perpetuities and that the property should vest solely in the great-grandchildren of Dr. Key.
In 1994, the Tennessee legislature adopted the Tennessee Uniform...
..., Plaintiff requested that the Court subpoena a legal malpractice expert under Delaware Uniform Rule of Evidence 614 and Delaware Superior Court Civil Rule 45(a), or in the alternative, to take judicial notice of several ju...inappropriate for judicial notice under Delaware Uniform Rule of Evidence 201 and 202" because they neither contained adjudicative facts, nor were they cases or statutes...him for purposes of pursuing a postconviction petition pursuant to Superior Court Criminal Rule 61. In January 2000, the Court reappointed Plaintiff's trial counsel to represent him in supervising and...
...is averted by channeling disputes into warranty (contract) law, where oral warranties can be expressly disclaimed, or extinguished by operation of the parol evidence rule. UCC §§ 2-202, 2-316(1) and..., 456 F.2d 932, 937 (5th Cir. 1972). That rule is as applicable to a suit on an oral warranty as to a suit on any other oral promise. The Uniform Commercial Code is explicit ...secondary to physical harms to person or property. Where there are well-developed contractual remedies, such as the remedies that the Uniform Commercial Code (in force in all U.S. states) provides for...
...district court relied on the Uniform Commercial Code's parol evidence rule, § 2-202 (Ill.Rev.Stat. Ch. 26, § 2-202), which provides:
"Terms with respect to... directly related to the contract sought to be proved.
As noted in 1 Anderson, UNIFORM COMMERCIAL CODE § 2-202:3 (2d 1970), § 2-202 of the Co...otherwise. Given the facts of this case, we disagree.
The Uniform Commercial Code, which governs this case, specifically states that "a contract for sale of goods may be made in any...