Fed. R. Civ. P. 35 – Paul Mollica's Federal Courts Blog

Fifth Circuit Skirts Question of Application of Fed. R. Civ. P. 17(c) to Party Suspected to Be, But Not Yet Adjudicated As, Incompetent

In Boudy v. McComb Sch. Dist., No. 24-60386 (5th Cir. Feb. 24, 2026), the Fifth Circuit avoids, though bookmarking for another time, whether it is an abuse of discretion to dismiss a case in the face of pro se party’s suspected incompetency. The plaintiff-appellant urged the court to adopt the Ninth Circuit’s rule on thisContinue reading “Fifth Circuit Skirts Question of Application of Fed. R. Civ. P. 17(c) to Party Suspected to Be, But Not Yet Adjudicated As, Incompetent”

In Rodriguez v. Gusman, No. 19-2213 (2d Cir. Aug. 31, 2020), the Second Circuit holds that administrative closure of a civil case when a plaintiff is absent is “a last resort that is appropriate only when all other alternatives are virtually impossible or so impractical as to significantly interfere with the operations of the districtContinue reading “Second Circuit Announces Stringent Standards for Administrative Closure of a Civil Case When a Plaintiff Is Unavailable”