Civ Pro Essay

Question 1

Motion to Set aside default Judgement

Answer 1

A court may set aside a default judgment after showing good cause.

• grounds include mistake, inadvertance, excusable neglect, newly discovered evidence and fraud.

Make:
* made within a reasonable time, and not more than 6 months after the date that written notice of entry of the judgment or oder was served.

Question 2

Civ Pro

How Many Days:

Answer 2

1) Request For Production: w/in 30 Days of service
2) Request for Admission: Respond w/in 30 days
3) Written Interrogatories: 30 days

3) Pretrial Adjudication: 30 days before trial
4) renewed Motion for judgement as a matter law: No later than 28 days after trial
5) New Trial: No later 28 days
6) Appel: 30 days to appeal

7) Rule 11 Sanction: 21 day safe harbor
8) removal: W/in 30 days after service proper removal, no more then a year after filed.
9) Defendant Response: 21 days

Question 3

Essay

Removal

Answer 3

A Defendant must file a notice for removal within 30 days of being served with initial process.

• A case may be removed to Federal Court if the case could have properly been filed in Federal Court originally and all Defendants join or consent in the motion for removal.
• There must be a federal Question or diversity in order to file in Federal Court
• Removal is not permitted if any Defendant is a citizen of the forum where the case was originally filled, even if the case could have been filed in federal Court under diversity.

Subject Matter Jurisdiction:
* Federal SMJ based on diversity of citizenship requires an $75k in controversy and complete diversity between Plaintiff and Defendant.

• In Nevada, where a claimant seeks damages of more than 10K, the demand shall be stated as “inexcess of 10k.”

Question 4

Essay

Venue

Answer 4

When Subject Matter Jurisdiction is based on diversity, venue is appropriate where any Defendant resides, where a substantial part of even or omissions giving rise to the claim occurred, or in a district where any defendant is subject to personal jurisdiction if there is no other district where suit may be filed.

• Court may transfer venue for convenience of parties and witnesses, in the interest if justice to any other district where suit could have been filed.

Personal Jurisdiction:

Question 5

Essay

Ammending Claim

Answer 5

Is permitted without leave of court before a responsive pleading is filed and there after with leave of court, but leave shall be freely given when justice so requires.

Question 6

Essay

Lack of Personal Jurisdiction

Answer 6

Personal Jurisdiction refers to the ability of a court to exercise power over a particular defendant.
* Jurisdiction is proper so long as the exercise of jurisdiction meets federal constitutional requirements, and NV long arm statute allows jurisdiction over non residents to the fullest extent of Constitution.

Long Arm Statute:
1) Significant and substantial contract connected to cause of action (Related)

2) Minimum contact w/ NV so as not to offend fair play and substantial justice (Fairness)
3) Purposeful availment such that a reasonable expectation f being haled to NV court. (Contact)

Question 7

Complaint

Damages (NV)

Answer 7

Under NRCP, where a claimant seeks damages of more than 10k the demand shall state for damages “in excess of 10k” w/out fully specifying of the amount.

Question 8

Essay

Impleader

Answer 8

In order to seek contribution or indemnity from a 3rd person, party must implead the 3rd party into the current action.

• Claim must be derivative
• here is a right to implead within 10 days of serving the answer, otherwise the court must give permission.

Subject Matter Jurisdiction
* The 3rd party claim between the D and the other party needs to be support by diversity or Federal question.

Personal Jurisdiction: