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Rule 56 Research Question

For PCWriter: Is Rule 56 of the Federal Rules of Civil Procedure applicable to federal habeas proceedings under 28 USC 2254? A client has a set of facts which where he asserts there is no genuine issue of material fact and therefore he is entitled to judgment as a matter of law. As I recall Habeas relief is civil in nature. Therefore, can the client move for summary judgment under rule 56 of the federal rules?

Skills: Legal

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( 53 reviews ) Fort Pierce, United States

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pcwriter

There are certain rules dealing with the application of the federal rules of civil procedure to habeas proceedings. Can answer your question & provide cites from very recent 11th Circuit cases discussing specific cases More

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ecorporate

I am an ATTORNEY with vast experience in US laws.I own a legal process outsourcing firm with over 21 regular clients in 4 countries.I have handled several matters in rule 56.I also provide legal services to several we More

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Swin4d

I am an attorney in my third year of practice, all in civil litigation. I have some experience in Federal Court. I do not know the answer to your question, but can find it (with appropriate citations) by the end of t More

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