Civ Pro (PQs Rules)

Question 1

Must a process server submit proof of service to the court? What happens if he doesn’t?

Answer 1

Yes, but the failure to make proof of service does not affect the validity of service.

Question 2

What is proper venue for a D who is not a resident of the US?

Answer 2

any district!

Question 3

When may a movant file a renewed motion for judgment as a matter of law?

Answer 3

No later than 28 DAYS after the ENTRY OF JUDGMENT

Question 4

What is the maximum number of jurors available?

Answer 4

12 max (6 min)

Question 5

When should a federal court follow a state’s laws regarding a jury?

Answer 5

NEVER! FEDERAL ALWAYS

Question 6

Which state’s PJ law should a court look to, when sitting in diversity, it is considering whether PJ exists?

Answer 6

the state in which it sits!

Question 7

what must be shown to get a preliminary injunction?

Answer 7

A plaintiff seeking a preliminary injunction must establish that:

(i) she is likely to succeed on the merits;
(ii) she is likely to suffer irreparable harm in the absence of relief;
(iii) the balance of equities is in her favor; and
(iv) the injunction is in the best interest of the public

Question 8

When must a demand for a jury trial be served?

Answer 8

Within 14 days after service of last pleading directed to the issue that is sought to be tried by a jury

Question 9

can a party take a deposition BEFORE the discovery conference?

Answer 9

yes, but she must first obtain leave of court

Question 10

how long does a party have to file a 60(b) motion for relief from judgment?

Answer 10

one year from entry of the judgment

Question 11

is the failure to deny damages in an answer paramount to conceding damages?

Answer 11

NOPE, it’s not like other admissions

Question 12

what law (state or federal) should a fed court in diversity apply when the rule in question will determine the applicability of state SOLs?

Answer 12

STATE PROCEDURAL RULE

Question 13

When can a party amend a pleading?

Answer 13

once within 21 days as a matter of right

leave is required after one amendment or after 21 days

Question 14

is a plaintiff required to reply to D’s answer?

if no reply, what result?

Answer 14

NO, unless court orders a reply

P is otherwise assumed to deny any allegations in D’s answer, including any affirmative defenses

Question 15

which state’s laws applies to determine legality of service of process, state of service or forum state?

Answer 15

EITHER!

Question 16

What is required for a court to impose sanctions, including attorney’s fees, on an attorney?

Answer 16

MOTION BY OPPOSING PARTY

Question 17

if an appeal is permitted by a court of appeals, does that stay proceedings in the district court?

Answer 17

ONLY IF district court or court of appeals SO ORDERS