alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Serial: 231557 

IN THE SUPREME COURT OF MISSISSIPPI 

No. 89-R-99001-SCT 

IN RE: THE RULES OF CIVIL 

PROCEDURE 

EN BANC ORDER 

FILED 

MAY 05 2020 

OFFICE OF THE CLERK 

SUPREME COURT 

COURT OF APPEALS 

Before the en bane Court is the Motion to Amend M.R.C.P. 43 (Motion No. 2019-

3487), filed by the Advisory Committee on Rules. 

After due consideration, we find that the motion should be granted. 

IT IS THEREFORE ORDERED that the Motion to Amend M.R.C.P. 43 is granted. 

Rule 43 is amended as set forth in the attached Exhibit A. The amendments shall be effective 

on July 1, 2020. 

SO ORDERED, this the 

ALL JUSTICES AGREE. 

f; day of a 202ru 

MICHAEL K. RANDOLPH, 

CHIEF JUSTICE 

FOR THE COURT 
EXHIBIT A 

RULE 43. TAKING OF TESTIMONY 

(a) Form and Admissibility. In all trials the testimony of witnesses shall be taken 

orally in open court, unless otherwise provided by these rules or the Mississippi Rules of 

Evidence. 

(b) [Ab1 ogated] 

(c) [Ab1 ogated] 

trl) ® Affirmation in Lieu of Oath. Whenever under these rules an oath is required 

to be taken, a solemn affirmation may be accepted in lieu thereof. 

te1 W Evidence on Motions. When a motion is based on facts not appearing of 

record the court may hear the matter on affidavits presented by the respective parties, but the 

court may direct that the matter be heard wholly or partly on oral testimony or depositions. 

ffl@ Interpreters. The court may appoint an interpreter of its own selection and 

may assess fix his reasonable compensation. The compensation shall be paid out of funds 

provided by law or by one or more of the parties as the court may direct and may be taxed 

ultimately as costs, in the discretion of the court. However, in the event and to the extent that 

such interpreters are required to be provided under the provisions of the Americans with 

Disabilities Act, 42 U.S. C. § 12131, et seq. or under rules or regulations promulgated 

pursuant thereto, such compensation and other costs of compliance shall be paid by the 

county in which the court sits, and shall not be taxed as costs. 

(Amended effective January 10, 1986; amended June 5, 1997: amended effective July 1, 

2020.] 

Advisory Committee Historical Note 

Effective July 1, 2020, Rule 43 was amended to re-designate former Rule 43(d) 

[Affirmation in Lieu of Oath] as Rule 43(b); to re-designate former Rule 43(e) [Evidence on 

Motions] as Rule 43(c); and to re-designate former Rule 43(1) [Interpreters] as Rule 43(d). 

Effective July 1, 1998, Rule 43(f) [Interpreters] was amended in regard to compliance 

with the Americans with Disabilities Act, 42 U.S.C. § 12131, et seq. 

Effective January 10, 1986, Rule 43(a) was amended to provide.that testimony may 

be taken other than in open court, as provided by the Mississippi Rules of Evidence, and to 

2 
delete references to the admissibility of evidence; Rule 43(b) [Mode and Order of 

Interrogation], and Rule 43( c) [Record of Excluded Evidence] were abrogated. 4 78-481 So. 

-2d XXVII (West Miss. Cas. 1986). 

3
### SUBCHAPTER XXXVI—GEORGE ROGERS CLARK NATIONAL HISTORICAL PARK
### §4725. United States and Foreign Commercial Service Pacific Rim initiative

#### (a) In general

In order to encourage the export of United States goods and services to Japan, South Korea, and Taiwan, the United States and Foreign Commercial Service shall make a special effort to—

(1) identify United States goods and services which are not being exported to the markets of Japan, South Korea, and Taiwan but which could be exported to these markets under competitive market conditions;

(2) identify and notify United States persons who sell or provide such goods or services of potential opportunities identified under paragraph (1);

(3) present, periodically, a list of the goods and services identified under paragraph (1), together with a list of any impediments to the export of such goods and services, to appropriate authorities in Japan, South Korea, and Taiwan, with a view toward liberalizing markets to such goods and services;

(4) facilitate the entrance into such markets by United States persons identified and notified under paragraph (2); and

(5) monitor and evaluate the results of efforts to increase the sale of goods and services in such markets.

#### (b) Reports to Congress

The Secretary of Commerce shall report periodically to the Congress on activities carried out under subsection (a).

#### (c) "United States person" defined

As used in this section, the term "United States person" means—

(1) a United States citizen; or

(2) a corporation, partnership, or other association created under the laws of the United States or any State (including the District of Columbia or any commonwealth, territory, or possession of the United States).

(Pub. L. 100–418, title II, §2306, Aug. 23, 1988, 102 Stat. 1344.)

#### **Statutory Notes and Related Subsidiaries**

#### Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (b) of this section is listed on page 51), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
§ 701.309 Appeal of initial adverse determination. ( a ) Any individual whose request for a correction or amendment, requested by him, to a record has been denied, in whole or in part, may appeal that decision to the Director of the Council.
( b ) The appeal will be in writing and will: ( 1 ) Name the individual making the appeal;
( 2 ) Identify the record sought to be amended;
( 3 ) Name the record system in which that record is contained;
( 4 ) Contain a short statement describing the amendment sought; and
( 5 ) State the name and location of the Council official who made the initial adverse determination.
( c ) Not later than 30 days (excluding Saturdays, Sundays, and legal holidays) after the date on which the Council received the appeal, the Director will complete his review of the appeal and make a final decision thereon. However, for good cause shown, the Director may extend that 30 day period by not more than an additional 30 working days. If the Director so extends the period, he will promptly notify the individual requesting the review that the extension has been made and the reasons therefor.
( d ) After review of an appeal request, the agency will send a written notice to the requester containing the following information: ( 1 ) The decision and, if the denial is upheld, the reasons for the decision; and
( 2 ) The specific civil remedies available to the requester as per section 2(g) of Pub. L. 93-579, as well as notice that additional remedies may be appropriate and available to enable the full exercise of the requester's rights at law.
( 3 ) The right to file with the Council a concise statement setting forth the requester's reasons for disagreement with the Council's refusal to correct or amend the record.
[40 FR 45676, Oct. 2, 1975, as amended at 41 FR 8344, Feb. 26, 1976]
§ 202.107 Rule 7: Reply. ( a ) *Filing and service.* If the answer asserts a counterclaim or a setoff, the complainant may file a reply in writing within 20 days after service of the answer on such person. If any reply or amended reply is filed, it shall be served on the respondent.
( b ) *Contents.* The reply shall be confined strictly to the matters alleged in the counterclaim or setoff asserted in the answer. It shall contain a precise statement of the facts which constitute the grounds of defense to the counterclaim or setoff and shall specifically admit, deny, or explain each of the allegations of the answer constituting such counterclaim or setoff, except that, if the complainant is without knowledge, the reply shall state that.
( c ) *Failure to file.* If no reply is filed, the allegations of the answer shall be regarded as denied.
[43 FR 30510, July 14, 1978, as amended at 55 FR 41184, Oct. 10, 1990]
# 

# SAMPLE 

# E-NEWSLETTER COPY

### Promoting National Prevention Week 

#### Subject Line: Get Ready for National Prevention Week 2024

#### [ORGANIZATION NAME] and SAMHSA invite you to participate in in National Prevention Week 2024

According to the latest data from SAMHSA, just more than 60 million Americans, including nearly 1 million youth ages 12 to 17, participated in binge drinking at least once in the past 30 days. Every day and everywhere, whether we make healthy choices for ourselves or inspire others to do so, the small actions we take can change lives for the better. 

National Prevention Week is a national public education platform sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA) that showcases the work of communities and organizations across the country dedicated to raising awareness of the importance of substance misuse prevention and positive mental health. This year, National Prevention Week will take place May 12 to 18, 2024.

National Prevention Week aligns with our values because it is dedicated to preventing substance misuse and promoting mental health. At [ORGANIZATION NAME], we believe that we can all inspire positive change throughout the year. 

[QUOTE FROM ORGANIZATION LEADER ABOUT YOUR MISSION, YOUR WORK IN THE COMMUNITY, ETC.—NO LONGER THAN ONE PARAGRAPH]

We will be hosting [EVENT] at [LOCATION] on [DATE] to raise awareness of prevention in [YOUR COMMUNITY]. We hope to see you there!

In addition, SAMHSA created #MyPreventionStory as a way for individuals to share how and why they are helping to prevent substance misuse or how they are prioritizing their mental health. We encourage you to join the online conversation and share your prevention story using the hashtag #MyPreventionStory on social media!  

To learn more about National Prevention Week and how you can get involved, visit the website: www.samhsa.gov/prevention-week. 

Have questions about [YOUR EVENT]? Contact [NAME] at [EMAIL AND/OR PHONE NUMBER].

# image1.jpeg
# C_2011204EN.01001302.xml

| 9.7.2011 | EN | Official Journal of the European Union | C 204/13 |
| --- | --- | --- | --- |

9.7.2011

EN

Official Journal of the European Union

C 204/13

---

Reference for a preliminary ruling from the Naczelny Sąd Administracyjny (Republic of Poland) lodged on 1 April 2011 — Bawaria Motors Spółka z o.o. and Minister Finansów

(Case C-160/11)

2011/C 204/25

Language of the case: Polish

Referring court

Referring court

Naczelny Sąd Administracyjny

Parties to the main proceedings

Parties to the main proceedings

Appellants: Bawaria Motors Spółka z o.o., Minister Finansów

Appellants:

Question referred

Question referred

Are the provisions of Articles 313(1) and 314 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1) (‘Directive 2006/112’), in conjunction with Articles 136 and 315 thereof, to be interpreted as permitting the application of the special ‘margin’ scheme for taxable dealers in relation to supplies of second-hand goods also where they resell the purchased passenger vehicles and other motor vehicles to which the tax exemption for the supply of passenger vehicles and other vehicles by taxable persons who only have a partial right to deduct input tax on the purchase thereof, as laid down in Article 86(3) of the Ustawa o podatku od towarów i usług (Law on the tax on goods and services) of 11 March 2004 (Dziennik Ustaw No 54, item 535, as amended; hereinafter: ‘Law on VAT’), was applied pursuant to the Polish national provisions laid down in Paragraph 13(1)(5) of the Decree of the Minister for Finance of 28 November 2008 on the implementation of certain provisions of the Law on the tax on goods and services (Dziennik Ustaw No 212, item 1336, as amended), where those passenger vehicles and motor vehicles were second-hand goods within the meaning of Article 43(2) of the Law on VAT and Article 311(1)(1) of Directive 2006/112?

1

Dziennik Ustaw

Dziennik Ustaw

---

(1)  OJ 2006 L 347 p. 1.

1

---
### §720j. Sense of Congress concerning participation by small business concerns

#### (a) Definition of small business concern

In this section, the term "small business concern" has the meaning given the term in section 632(a) of this title.

#### (b) Sense of Congress

It is the sense of Congress that—

(1) an Alaska natural gas transportation project would provide significant economic benefits to the United States and Canada; and

(2) to maximize those benefits, the sponsors of the Alaska natural gas transportation project should maximize the participation of small business concerns in contracts and subcontracts awarded in carrying out the project.

(Pub. L. 108–324, div. C, §112, Oct. 13, 2004, 118 Stat. 1263; Pub. L. 111–68, div. A, title I, §1501(b), Oct. 1, 2009, 123 Stat. 2041.)

#### **Editorial Notes**

#### Amendments

2009—Subsec. (c). Pub. L. 111–68 struck out subsec. (c) which related to study to determine extent to which small business concerns participate in construction of oil and gas pipelines in the United States.
###### Editorial Note on Part 0

#### Editorial Note:

Nomenclature changes to part 0 appear at 73 FR 73 FR 54947, Sept. 24, 2008.

#### § 0.64 [Reserved]
### SUBCHAPTER XVIII—SARATOGA NATIONAL HISTORICAL PARK
### §1108. Insurance

The Commission shall maintain insurance in reasonable amounts, including, but not limited to, liability and property insurance. Such insurance may not cover the Commissioners or employees of the Commission except when sued by name for acts done in the scope of their employment.

(Pub. L. 88–363, §9, July 7, 1964, 78 Stat. 301.)
***EXHIBIT 32***

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the report on Form 10-QSB of ASP Ventures Corp. for the quarterly period ended June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (“Report”), I, Nora Coccaro, do hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

 

|   | (1) | This Report complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|-----|------------------------------------------------------------------------------------------------------------------|

|   | (2) | The information contained in this Report fairly represents, in all material respects, the financial condition of the small business issuer at the end of the period covered by this Report and results of operations of the small business issuer for the period covered by this Report. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

/s/ Nora Coccaro

Nora Coccaro

Chief Executive Officer and Chief Financial Officer

August 10, 2007

 

This certification accompanies this Report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the small business issuer for the purposes of §18 of the Securities Exchange Act of 1934, as amended. This certification shall not be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of this Report), irrespective of any general incorporation language contained in such filing.

 

A signed original of this written statement required by §906 has been provided to the small business issuer and will be retained by the small business issuer and furnished to the Securities and Exchange Commission or its staff upon request.

 

 

 

26
Wool v. Menard , No. 241

- 4

- 17 Wncv ( Teachout, J., Dec. 15, 2017).

[The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the t ext and the

accompanying data included in the Vermont trial court opinion database is not guaranteed.]

STATE OF VERMONT

SUPERIOR COURT CIVIL DIVISION

Washington Unit Docket No. 241

- 4

- 17 Wncv

KIRK WOOL

Plaintiff

v.

LISA MENARD

Defendant

DECISION

Defendant’s Motion to Dismiss, filed September 11, 2017

Plaintiff’s Motion to Dismiss

, filed November 13, 2017

Plaintiff , an inmate in the custody of the Defendant Commissioner of the Vermont

Department of Corrections, filed this suit to challenge the Vermont Department of Corrections’

use of a n assessment device in his classification and/ or programming. He claims that the device

was intentionally used to produce a fraudulent result to justify prolonging his incarceration or

preventing parole.

Defendant filed the above

- referenced Motion to Dismiss in which she argued several

legal bases for dismissal , and memos were filed . Prior to any decision on Defendant’s Motion,

Plaintiff then filed the above

- referenced Motion to Dismiss W ithout Prejudice.

Plaintiff asserts that he raised this claim in an earlier filed suit in Washington Superior

C ourt. That case evidently was removed to federal court where it eventually was dismissed. It is

unclear whether any state claims remained following dismissal, but p roceedings did not then

resume in the state case.

Plaintiff then filed this new case, raising the same issue: fraudulent use of the assessment

device. Plaintiff now seeks to voluntarily dismiss this case without prejudice . He notes that he

has the same claim also pending in yet another case that was filed in Chittenden Superior Court

in 2014 and remains pending.

Defendant argued many bases for dismissal in her M otion

, but she has not argued that the

earlier filed Washington case or federal dismissal decision have any preclusive effect on this

case . She also has not sought dismissal on the basis that there is apparently duplicative litigation

that has been underway in Chittenden Superior Court at all relevant times

.

She also has not objected to the request for dismissal without prejudice

. Because

Defendant has not opposed Plaintiff’s Motion, it is granted . The court takes no position on

whether this voluntary dismissal may or may not have any prejudicial effect on any other2

litigation.

Dismissal of this case without prejudice render s Defendant’s Motion moot.

Accordingly,

1. Plaintiff’s Motion to Dismiss Without Prejudice is granted, and

2. Defendant’s Motion to Dismiss is moot.

Dated at Montpelier, Vermont this ____ day of December 201 7

.

_____________________________ Mary Miles Teachout

Superior Judge
05/19/2011 09:33 FAX 2024935142 

05/1S/2011 11:13 12024577799 

FAA * DMS 

WICKS-FAX 

@1002/003 

PAGE 02/03 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

FEDERAL EXPRESS CORPORATION 

FAA Docket Nu. CPlONMOOll 

FAA Case No. 2008NM700127 

DMS No. FAA-2010-0977 

Judge: Richard C- Goodwin 

The Honorable Ricfaard C Goodwin: 

NOTICE OF APFKARAISCE 

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Please enter the appearance of Glenn P. Wicks sind Roncevert D. Almond as attorneys of 

record for Federal Express Corporation, Respondent in the above-referenced action. Service of 

all papers by T.T.S. Mail, evpedited courier service, and personal delivery should be addressed as 

follows: 

Glenn P. Wicks 

Roxiccvcii D. Almond 

The Wicks Group, PLLC 

1215 17* Street, NW 

Sumner Annex, Fourth Floor 

Washinfrton, DC 20036 

Tel: (202) 457-7790 

Fax: (202) 457-7799 

Dated tlus 18"* day of May, 2011. 

qi^ttrtirWicks 

Roncevert D. Almond 

The Wicks Group, PLLC 

1215 17* Street, NW 

Sumner Annex, Fourth Floor 

Washington, DC 20036 

Te); (202)457-7790 

Fax:(202)457-7799 

Counsel for Respondent 
05/19/2011 09:33 FAX 

05/ie/2BH 11:13 

2024935142 

12024577799 

FAA * DMS 

WICKS-FAX 

21003/003 

PAGE 03/03 

CERTIFICATE OF SERVICE 

1 hereby certify that the foregoing document has been sent via facsimile and expedited 

courier service to: 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building—Suite 2WIO0O 

Washington, DC 20591 

Attention; Hearing Docket Clerk, AGC-430 

Fax:(202)493.5142 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm El 2-320 

Washington, D.C. 20590 

Tel: (202) 366-2139 

Fax; (202) 366-7536 

Mr. Kyle Lomazow, Attorney 

Mr. Scott Morris, Attorney 

Federal Aviation Administration 

Office of the Regional Counsel (ANM-7) 

1601 Lind Ave., S.W. 

Renton, WA 98057 

Tel: (425) 227-1847 

Fax; (425) 227-1007 

One (1) copy and original 

One (1) copy 

One (I) copy 

Dated this 18'" day of May, 2011. 

RpBC^erft), Almond 

le Wicks Group, PLLC 

1215 17'^ Street, NW 

Stminer Annex, Fourth Floor 

Washington, DC 20036 

Tel: (202) 457 7790 

Fax: (202) 457-7799 

CoiinijftJ for Respondent
Served: November 17, 2011

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

------------------------------------------------------------

EXPRESSJET AIRLINES, INC. -----------------------------------------------------------

NOTICE OF REGISTRATION OF TRADE NAMES

On November 8, 2011, ExpressJet Airlines, Inc. (“ExpressJet”), a U.S. certificated air carrier,1 requested 

that the Department register the trade names “ASA” and “Atlantic Southeast” for use in certain air 

transportation operations. ExpressJet also uses the trade names “Continental Express” and “United 

Express.”

Part 215 (14 CFR Part 215) of the Department’s regulations provides that any air carrier wishing to use 

an alternative trade name must first register that name with the Department. The rule further states that 

the Department may register such name after the air carrier gives notification to similarly named air 

carriers of the proposed use of the name. In this case, ExpressJet states that it and Atlantic Southeast are 

in the process of merging to create a single air carrier. ExpressJet states that Atlantic Southeast consents 

to the use of its trade name, and that while the two air carriers will maintain separate economic 

authorities until they merge, the two airlines desire to have a degree of flexibility as they fully integrate 

their operations. Further, ExpressJet notes the two air carriers will make all required disclosures of the 

identities and trade names in accordance with the provisions of Part 257 of the Department’s regulations 

(14 CFR Part 257). 

Since ExpressJet has complied with the requirements of Part 215, we acknowledge the registration of the 

trade names “ASA” and “Atlantic Southeast” for immediate use in its operations.

Dated at Washington, D.C., November 17, 2011.

TODD M. HOMAN

Director

Office of Aviation Analysis

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

 1 See Order 2002-4-8. ExpressJet also holds a number of designations under the U.S.-Mexico Air Transport 

Agreement. 
Attachment A 

SERVICE LIST FOR EXPRESSJET AIRLINES, INC.

 

 MR GERALD MURPHY

 COUNSEL FOR ASA AIRLINES INC

 AND EXPRESSJET AIRLINES INC 

 CROWELL AND MORING LLP

 1001 PENNSYLVANIA AVENUE NW

 WASHINGTON DC 20004 

MR WILLIAM J WEBER

CERTIFICATION MANAGER

FAA AFS-900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

 OFFICE OF AIRLINE INFORMATION

 DOT/RSPA/BTS E-36

 1200 NEW JERSEY AVE SE

 WASHINGTON DC 20590

MR PETER LYNCH 

ASST CHIEF COUNSEL FOR ENFORCEMENT 

FAA/AGC-300

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591