Also known as: available
Written by attorneys · grounded in primary & secondary sources — see below
A property of data or information that ensures it is accessible and usable upon demand by an authorized person. This sense focuses on practical access rather than mere existence of the data.
Former government lawyer Maya Lopez joins a firm and learns she holds confidential information about a company from her prior public role. The firm screens her from a new matter adverse to that company. The screening ensures the information remains unavailable to the handling attorneys, satisfying the rule's conditions for continued representation.
Landlord Apex Dynamics terminates a lease with tenant Atlas Ventures. Atlas remains in possession after the term ends. Apex pursues a statutory eviction action rather than self-help because the local rules provide a speedy judicial remedy for recovery of possession.
Select any source to read its text and confirm it supports the definition.
Plaintiffs file a diversity class action in federal court seeking interest on overpaid taxes. A state statute would bar class treatment for such claims. The court applies Federal Rule of Civil Procedure 23 to decide whether class certification is available despite the state limitation.
A court in State A considers a custody petition after the child's home state declines jurisdiction. The court finds that substantial evidence concerning the child's care and relationships is available in State A and therefore exercises jurisdiction under the uniform act.
Partners in Anchor Bank agree in the partnership agreement to impose reasonable restrictions on how partners may use information obtained under the inspection rights in Section 408. The agreement also sets liquidated damages for breach of those use limits.
Party Aurora Biotech serves a request for admission on the genuineness of several contracts. The request attaches copies of the documents rather than merely describing them. This satisfies the separate-statement and attachment requirements of the rule.
When a speedy judicial remedy exists under local law, the landlord may not resort to self-help to recover possession from a holdover tenant. The rule channels disputes into the judicial process to avoid breaches of the peace.
The firm may proceed only if the disqualified lawyer is timely screened from participation and receives no part of the fee. Written notice to the government agency is also required to allow compliance monitoring.
Yes. Rule 23 governs because it addresses procedure and does not abridge or modify any substantive right under the Rules Enabling Act. The federal rule therefore displaces the conflicting state limitation.
…such extramarital relations. The rationality of this justification is dubious, particularly in light of the admitted widespread availability to all persons in the State of Connecticut, unmarried as well as married, of birth-control devices for the prevention of disease, as distinguished from the prevention of conception, see…