Basic Litigation Vocabulary (Motions, Filings, etc.)

Question 1

Overfiling

Answer 1

When the federal government files an enforcement action against a polluter for a violation of a federal environmental law + but they do so AFTER that state agency has reached a settlement with the same polluter for the same violation.

Question 2

Notice of Appearance

Answer 2

A written document submitted to the court informing the court and all other parties who the representation lawyer is and stating that they are participating in the particular litigation

Question 3

What is a litigation hold?

Answer 3

A letter from DOJ to an agency informing the agency that there is active litigation in a certain area, and therefore requests that no one throw away information

Question 4

What is a courtesy copy

Answer 4

In litigation, a paper copy of a document filed with the court that the filing party sends directly to the judge’s chambers.

Question 5

FCRP Rule 12(d) creates this complication to the 12(b)(6) briefing

Answer 5

If … matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56.