Civ Pro Flashcards
When may a party amend its pleading?
As a matter of right within 28 days of service of pleading.
Otherwise, need leave of court.
When must party respond to amended pleading?
Within 14 days of service, or in the period of time remaining from when the original pleading was filed, whichever is longer.
When does claim relate back when it changes the party against whom it is asserted?
If:
(1) it arose out of same T/O;
(2) it won’t cause him prejudice and he knows or should have known that he was the proper party, but for mistake.
How many alternate jurors?
4
What are requirements for verdict?
Must be in writing; must be signed by each concurring juror.
How is court’s involvement with class action different from normal civil action?
It may not be dismissed or settled without court approval.
How long must a party attempt to serve process?
For 28 days.
If unable, plaintiff should file instructions for service with court and return copies he tried to serve for entry on docket.
List requirements to make personal service:
- Must not be party to action;
- must be adult;
- must be designated by court order
In what types of actions may service be made by publication?
Real property
Probate
Defendant is Ohio corporation, but has not place of business in Ohio.
Defendant is Ohio resident, but has left Ohio.
How can plaintiff dismiss claims?
Filing notice of voluntary dismissal if no counterclaims pending; or
Filing stipulation of dismissal signed by all parties
When is a counter-claim compulsory?
- arises out of same T or O;
2. Existed at time of pleading
Permissive interpleader:
- statute gives court discretion to let him interplead; and
- he alleges that his interest will not be adequately protected or exposed to multiple or inconsistent liability if not allowed to join
Interpleader as of right:
Statute gives the right
When can default judgment be entered against minor?
Only if he is represented and his representative has appeared in the action
When can a party move for judgment on the pleadings?
When pleadings are closed, but can’t wait so long as to delay the trial.
What is standard for judgment on the pleadings?
If plaintiff is not entitled to relief asserted in complaint under no set of facts.
When is magistrate’s decision final?
Only if it is adopted by court
What are grounds for granting new trial?
Newly discovered evidence
Excessive/too low verdict
Verdict contrary to law
Not sustained by weight of the evidence
Error of law
Misconduct of jury/prevailing party
Accident/surprise
When must motion for new trial be made?
Within 14 days
What will court do if joinder not feasible?
Determine whether action should proceed or be dismissed because party who can’t be joined is “indispensable”
What are factors for deciding if case should continue despite inability to join indispensable party?
Prejudice to parties;
Whether judgment without indispensable party would be adequate;
How court can shape relief to lessen prejudice?
What is standard for TRO?
Must show:
- danger of imminent and irreparable harm;
- applicant’s attorney certifies efforts taken to give notice and why notice shouldn’t be required
Over what actions do Ohio Supremes have jurisdiction?
Mandamus
Habeas Corpus
Admission to practice of law
Limit on punitives for individual defendant/small employer:
10% of net worth or max of $350K
