Civ Pro

Question 1

C.A.N.T. Have a class action unless requirements met:

Answer 1

C = common issues
A = adequacy of representation
N = numerous
T = typical claims

Question 1

Discovery devices: D.D.R.I.P.

Answer 1

D = depositions (10)
D = document requests
R = requests for admissions
I = interrogatories (25)
P = physical and mental examinations (ct order only)

Question 2

7 significant deadlines

Answer 2

7
14
21
28

30
60
90

Question 3

x 7

Answer 3

7 = if D appears but doesn’t answer, D is entitled to 7 days notice of default judgment

14 = file answer after pre-answer motion denied; file 3rd party complaint; respond to amended pleading; demand jury trial after last pleading served

21 (pre-trial) = serve pre-answer motion; amend pleading; hold pre-conference; serve reply to answer

28 (post-trial) = renew motion for JMOL; move for new trial; move to alter or amend judgment; move for amended findings after final judgment

Question 4

x 30

Answer 4

30 (discovery/removal) = file notice of removal; move to remand; submit pre-trial disclosures; respond to D.R.I.; move for summary judgment; file notice of appeal

60 (answer) = file answer domestic; file pre-answer motion after domestic service waived; serve answer on U.S. agency

90 = serve process after complaint is filed; file answer or pre-answer motion after foreign service waived; disclose expert witness materials

Question 5

Final judgment rule exceptions: In Certain Circumstances, An Appeal Can Be Made Prematurely

Answer 5

Must make an interlocutory appeal concerning:
I = injunction
C = certification by district court
C = class action
A = appointment of receiver
A = admiralty case
C = collateral-order doctrine
B = bankruptcy cases
M = mandamus (petition for writ)
P = patent infringement