Civil Procedure

Question 1

Subject Matter Jurisdiction Defined

Answer 1

Subject matter jurisdiction refers to the authority of the court to hear and decide a type of case.

• Lack of subject matter jurisdiction is a defense which cannot be waived and can be raised at any stage of the proceedings, even for the first time on appeal.

Question 2

Trial Court Jurisdiction: District Court

Answer 2

The district court has exclusive jurisdiction over:

• Small clails matters involving less than $5,000
• Any replevin action, regardless of amount. Replevin is a legal remedy for a person to recover goods unlawfully withheld from his or her possession.
• Landlord & tenant, distraint, or forcible entry and detainer
• Grantee suits for ejectment
• Petitions for injunction regarding preservation of property that is:
  
  • claimed in a replevin action
  • sought to be levied upon in an action of distress.

Question 3

Concurrent Trial Jurisdiction of District & Circuit Court

Answer 3

The district and circuit courts have concurrent jurisdiction over claims between $5,000 and $30,000.

Question 4

Trial Court Jurisdiction: Circuit Court

Answer 4

The circuit court has exclusive jurisdiction over:

• Adoption
• Children who are delinquent or in need of supervision/assistance
• Protective pleadings for disabled persons
• Orders requiring a party to comply with a notice to abate a nuisance
• All equity actions and most claims for injunctive relief
• Divorce proceedings
• Claims exceeding $30,000
• Jury Trials (permitted for claims exceeding $15,000)

Question 5

Appellate Jurisdiction: Circuit Court

Answer 5

The circuit court has jurisdiction over appeals from the district court:

• For claims of $5,000 or less and domestic violence cases, appeals de novo
• For claims more than $5,000 and appeals of final admin decisions in “contested” cases, the appeal is limited to the record of the district court

Question 6

Appellate Jurisdiction: Court of Appeals & Court of Special Appeals

Answer 6

• The Court of Special Appeals has jurisdiction over appeals from the circuit court.
• The jurisdiction of the Court of Appeals is discretionary by writ of certiorari.

Question 7

Jurisdiction Over Jury Trials

Answer 7

• The circuit court has jurisdiction over cases where the amount in controversy exceeds $15,000.
• A jury demand made in district court immediately vests jurisdiction in the circuit court.

Question 8

Personal Jurisdiction Defined

Answer 8

Personal jurisidiction refers to the power of the court to bind the parties by its judgment.

• Involves a due process issue: requires notice and some MD connection

Question 9

Bases for Personal Jurisdiction (DOPSS)

Answer 9

The traditional common law bases of personal jurisdiction are:

• Domicile
• Organized under the laws of the state
• Principal place of business
• Service of process (on party or party’s agent).
  
  • Beware of fraudulent procurement of process—cannot obtain service by fraudulent means
• Support obligations (child support, alimony, paternity)

Question 10

Long-Arm Jurisdiction

Answer 10

Personal jurisdiction may be exercised over an out-of-stater if she has minimum contacts with Maryland and the maintenance of the suit does not offend traditional notions of fair play and substantial justice.

Due process further requires some act by which the defendant purposefully avails himself of the privilege of conducting activities in MD. The following acts qualify:

• purposeful availment of the privilege of conducting activities within the forum;
• deliberately engaging in significant activities within the forum
• seeking to serve, directly or indirectly, the market for its product.

Must consider whether the case is within the statute and whether the statute as applied to this case is constitutional.

Question 11

Maryland’s Long-Arm Statute

Answer 11

Maryland’s long arm statute permits exercise of personal jurisdiction over persons who themselves or through agents:

• transact business or performs work in MD
• contracts to supply goods, foods, services, or products in MD
• causes tortious injury in the state
• causes tortious injury in or outside the state if he regularly does or solicits business, engages in persistent course of conduct in state, or derives substantial revenue from goods in the state
• has an interest in, uses, or posses real property in the state
• contracts to insure executed or to be performed within the sate.

Question 12

In Rem Jurisdiction

Answer 12

In rem jurisdiction is based on the physical presence of the property–“the res”–in the state. Does not involve personal liability beyond disposing of the property or affecting a person’s interest in the res.

Question 13

Venue

Answer 13

Venue rules decide the proper location, county for trial. A matter of convenience.

For the general rule, remember VERB. Venue is proper where defendant:

• Vocation (habitually engages in)
• Employed
• Resides
• Business regularly conducted.

Question 14

Specific Venue Provisions

Answer 14

• Divorce: where plaintiff resides
• Corporation with no principal place of business in the state: where plaintiff resides
• An action for possession of real property: where portion of land on which the action is based is located;
• Negligence action: where cause of action arose.
• Action for damages against a nonresident individual: any county in state.

Question 15

Venue Rules for Multiple Defendants

Answer 15

• If there is a single venue applicable to all defendants: must sue in that venue.
• If no single venue is applicable to them all: may sue in a county in which any one of them could be sued, or the county where cause of action arose.

Question 16

**Change of Venue **

Answer 16

Where venue is proper, a party may file a motion for change of venue:

• For convenience (a/k/a forum non conveniens)–if transfer is for convenience of parties and witnesses and serves the interests of justice.
• For removal based on prejudice where a party cannot receive a fair and impartial trial in the county where the action si pending.

Where venue is improper, the defendant may file a motion to dismiss. _Such a motion is waived unless raised before the answer. _

Question 17

Process

Answer 17

• Process is the papers that must be issued by the court to be served on the defendant: the summons, the complaint, and all other papers filed with the complaint.
• Parties being sued must be served with a copy of the process
• The summons is an official notice to the defendant. Summons is initially valid for 60 days and can be extended for an additional 60 days. If not served within 120 days, there can be a motion to dismiss for failure to obtain jurisdiction.

Question 18

Service of Process

Answer 18

Methods of Service:

• personal delivery
• by certified mail requesting restricted delivery
• in rem action by posting or publishing

**By Whom: **

• public service by sheriff
• private service by a competent person aged 18 or older who is NOT a party to the action

On Whom:

• actual party of his agent–may leave at home with any adult
• person under disability: both the individual and the guardian
• business: on resident agent, or if no RA, SDAT
• government: state of MD, attorney general and secretary of state; United States, AG and USAO

Return of Service - must file notice with court under affidavit.

Question 19

Information Report

Answer 19

The plaintiff must file an information report, which provides information about the nature and complexity of the litigation.

Question 20

Entry of Appearance

Answer 20

Entry of appearance permits attorney to act on behalf of a party to the litigation.

Accomplished by:

• filing any pleading or motion
• filing a formal written entry of appearance
• orally, in open court

Withdrawal

• If a new attorney has entered an appearance, file notice of withdrawal
• If there is not another attorney of record, withdrawal requires permission of the court. Must file a motion to withdraw, which must include:
  
  • client’s written consent; or
  • attorney’s certification that 5 days notice was given to client; and
  • advice to client to get other counsel to enter appearance or notify court of intent to represent self.

Court can deny if prejudice to client or undue delay.

Question 21

Mandatory Joinder

Answer 21

Joinder of parties is required when:

• complete relief cannot be accorded among those that are already parties; or
• disposotion may impair or impede non-party’s interest relating to the subject of the action; or
• current party faces substantial risk of incurring multiple or inconsistent obligations.

Question 22

Permissive Joinder

Answer 22

Joinder is permissive in actions:

• arising out of the same transactions or occurences; or
• actions involving common questions of law or fact.

Question 23

Misjoinder

Answer 23

Misjoinder, or improper joinder, is not a ground for dismissal. Parties may be added or dropped and a claim against a party may be severed and proceeded with duirng a separate trial.

• Misjoinder is raised by a motion to transfer; motion for separate trials; or motion for removal.

Nonjoinder is failure to join a mandatory party.

• Nonjoinder is raised by a motion to dismissfor failure to join a party.
• If the action was not brought by the real party in interest, her non-joinder is raised by a motion to dismiss for failure to state a claim upon which relief can be granted.

Question 24

Intervention

Answer 24

Intervention is the right of a party to seek to become a party to an action through a motion to intervene.

• Intervention as of Right: disposition of the action, may, as a practical matter, impair or impede the ability to protect that interest.
• Permissive Intervention: the court in its discretion may permit intervention:
  
  • by a private person if her claim or defense has a common question of law or fact; or
  • by the federal government or the state where the validity of a statute or constitutional provision is at issue
  • Court must consider undue delay or prejudice to the original parties.

Question 25

Interpleader

Answer 25

Pure Interpleader

• The stakeholder admits that he holds property that is owed to some claimant, but he does not know to which claimant.

In the nature of interpleader

• The stakeholder first contests its obligation to pay, and then seeks an order of interpleader if it is initially found liable

Question 26

Class Action

Answer 26

Mneumonic: CANT RIP Apart the Class

There are four prerequisites (all must exist):

• Commonality: class has common fact/legal issues
• Adequacy: class representatives fairly and adequately protect the interests of the class.
• Numerosity: too many parties to join
• Typicality: class representatives are typical of class

AND, must have one of three grounds:

• Risk of adverse effects from separate actions
• Injunctive/Declaratory Relief is applicable to class in general because the opposing party has acted or failed to act
• Predominance of common questions

Question 27

Substitution of Parties

Answer 27

The proper person may be substituted for a party who:

• dies, if the action survives;
• becomes incompetent;
• transfers an interest in the action, whether voluntary or involuntary;
• if a corporation dissolves, forfeits its charter, merges, or consolidates; or
• if a public officer ceases to hold office.

Question 28

Pleadings Defined

Answer 28

Only the following are pleadings:

• complaint
• answer to complaint
• counterclaim
• cross-claim
• third-party complaint
• answer to cross-claim, counter-claim, or third-party
• reply to an answer

Question 29

Content of Complaint

Answer 29

Complaint must

• be simple, concise, and direct; and
• contain the facts necessary to show the pleader’s entitlement to relief or ground of defense.
• state amount in controversy
• state claims for relief (a/k/a addendum clause)

Question 30

Calculation of Time

Answer 30

Computation of Time After an Act

• If seven days or less, don’t count Saturdays and Sundays. If more than 7 days, count Saturdays and Sundays.
• The day of the act, event or default after which the designated period begins to run is not included
• If date of act required falls on a weekend or holliday, must file on next business day after the weekend of holiday (if falls on Saturday and Monday is a holiday, it is due on Tuesday).

Computation of Time Before an Act

• All days prior thereto, including Saturdays, Sundays, and holidays, are counted.
• If date of act required falls on a weekend or holiday, must file on last business day before the weekend or holiday. (if falls on Saturday, must submit on prior Friday).

**If service by mail, time period is extended by three days. **

Question 31

Injunctions

Answer 31

An injunction is an order mandating or prohibiting a specified act.

There are three types:

• Temporary Restraining Order (TRO)–issued prior to a full hearing but after reasonable attempts to provide notice to the defendant; may be ex parte, if party certifies that they are unable to notify the defendant
• Preliminary Injunction–issued after a full hearing on the propriety of issuing an injunction but, before a determination on the merits of the action.
• Final Injunction–issued after a determination on the merits of the action.

**Requirements for a TRO: **

• Irreparable injury
• Likelihood of Success on the Merits
• No Adequate Legal Remedy

Question 32

Attachment Before Judgment

Answer 32

An attachment, at the commencement of the action or while it is pending, against any property or credits which belong to a debtor to ensure the property will be available to satisfy any award of damages.

Question 33

Mandatory Preliminary Motions

Answer 33

Mandatory preliminary motions raise defenses that are waived unless raised in a motion to dismiss filed before the answer is filed.

There are four defenses that must be raised in a motion to dismiss before the answer or they are waived:

• lack of personal jurisdiction
• improper venue
• insufficiency of process
• insufficiency of service of process

Question 34

Permissive Preliminary Motions

Answer 34

Defenses that may be raised in a motion to dismiss filed before the answer or in the answer or in a motion to dismiss filed after the answer:

• lack of subject matter jurisdiction
• failure to state a claim upon which relief can be granted
• failure to join a party required to be joined
• governmental immunity
• discharge in bankruptcy

Question 35

Answer: Time for Filing

Answer 35

In the Circuit Court:

• General rule is that answer must be filed within 30 days after being served;
• If served outside MD, but within US–within 60 days
• If served outside US - within 90 days
• Served by publication or posting- within the time specified

In the District Court:

• Must file Notice of Intention to Defend (NOT an answer) within 15 days after being served. 60 days if served outside MD

Question 36

Content of Answer

Answer 36

• For every individual averment/paragraph, party must explicitly:
  
  • admit;
  • deny; _or _
  • claim that she is without sufficient knowledge or information to form a belief as to the truth of an averment (operates like a denial).
• A general denial is available in actions for money damages for for breach of contract, debt, or tort.

Question 37

Negative Defenses

Answer 37

In the answer, a party must make a negative averment, including any supporting facts that are peculiarly within his knowledge, if he wishes to raise an issue as to:

• the legal existence of a party, including a partnership or corporation
• the capacity of a party to sue or be sued;
• the authority of a party to sue or be sued in a representative capacity;
• the averment of the execution of a written instrument; or
• the averment of the ownership of a motor vehicle

If not raised by negative averment, these matters are admitted for the purposes of the litigation.

Question 38

Affirmative Defenses

Answer 38

When a defendant raises an affirmative defense, she has the burden of proving it. Affirmative defenses must be set forth in separate averments/paragraphs by a party.

Question 39

Demand for Jury Trial

Answer 39

Any party may elect a trial by jury on any claim where the amount in controversy exceeds $15,000. The right to a jury trial is waived unless a party files the demand within 15 days after service of the last pleading filed by any party directed to the issue.

• Civil juries are compromised of six jurors.
• The circuit court has exclusive jurisdiction over jury trials. The filling of a jury trial demand in a case pending in district court immediately divests the district court of jurisdiction and the case is transferred to the circuit court.

Question 40

Res Judicata (a/k/a Claim Preclusion)

Answer 40

Res judicata bars re-assertion between the same parties (or successors in interests) of a claim that has been finally decided on the merits. Elements:

• the same parties or the successor in interest of a party,
• the same claim, and
  
  • no splitting claims (i.e., bringing a contract claim, and then later, a tort claim for the same injury)
• finally decided,
  
  • summary judgment is a final judgment; cases must involve same burden of proof; court must have have jurisdiction; a judgment is final even if pending on appeal.
• on the merits

Question 41

Collateral Estoppel (a/k/a Issue Preclusion)

Answer 41

Collateral estoppel prevents a party (and non parties who are in privity with a party) from relitigating an issue that has been determined in a prior suit. The issue must have been

• actually litigated,
• finally determined, and
• essential to the judgment

Question 42

Mutuality of Estoppel

Answer 42

Due process dictates that a stranger to an action, generally, cannot be bound by a judgment.

Defensive Non-Mutual Collateral Estoppel: Maryland permits a stranger to the original proceedings to use res judicata and collateral estoppel, but only defensively, where the judgment or fact-finding is asserted to defeat a claim by a prior party.

• Ex: A sues Tobacco Company for causing A’s cancer. TC defends claiming that smoking does not cause cancer and loses. B later sues TC for causing his cancer. B can raise collateral estoppel to prevent TC from using the same defense.

Offensive Non-Mutual Collateral Estoppel: may be appropriate in rare cases. Consider whether the person to be estopped had a reasonable incentive to litigate in the first suit, whether the consequences in the second suit are much more serious than those in the first, and whether non-party could have joined first suit but sat out to gain tactical advantage.

Question 43

Statute of Limitations

Answer 43

Statute of limitations is a defense to liability that begins to run when the cause of action accrues.

• Cause of action accrues when the claimant in fact knew or reasonably should have known of the wrong.

The statute begins to run against a person under a disability or incapacity (age, mental illness) once the disability is removed.

Most civil actions have an SOL of three years.

• Contract under seal, court order/judgments - 12 years
• Civil assault and defamation - 1 year

Question 44

Motions

Answer 44

• A motion is a request that the court take a specific action or make a ruling. Must request a hearing if one is desired.
• Generally, the court can rule without holding a hearing.
  
  • Exception: the court must conduct a hearing if granting a JNOV, Motion for New Trial, or Motion to Amend a Judgment
  • Can deny these motions without a hearing.

Question 45

Counterclaims & Cross-Claims

Answer 45

A counterclaim is a claim that a party has against an opposing party. (def v. pff).

• Does not have to arise from same transaction or occurence.

A cross-claim is a claim that a party has against a co-party that is already a party in the case (def v. co-def).

• Must arise from same transaction or occurence.

Question 46

Third-Party Practice

Answer 46

• A claim against a third person, not a party to the original action, who is or may be liable to the defendant for all or part of the plaintiff’s claim against the defendant.
  
  • Ex: def files complaint against party x on the theory that if def is liable to pff, party x is liable to def.

Question 47

Discovery Generally

Answer 47

Discovery is the process by which a party requests, gives, or obtains information related to the case.

• A party may seek discovery on any matter, not privileged, which is relevant to the subject matter of the action.
  
  • Relevant=reasonably calculated to lead to discovery of admissible evidence (material sought does not have to be admissible).
• A court may issue a protective order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense resulting from a discovery request.

Question 48

Depositions

Answer 48

• Depositions may be oral or written
• Depositions can be aken from any person, even if not a party to the litigation
• Must give 10 days notice before oral deposition, 30 days before deposition if requesting documents
• Location of deposition:
  
  • Nonparty, Maryland resident–county where she resides, is employed, or engaged in business
  • Nonparty, non-MD resident–in county where deponent is served or within 40 miles of place of service
  • Party-wherever a nonparty would be, or in county where action is pending

Question 49

Interrogatories

Answer 49

• Interrogatories are written questions asked of a party only. Each party is alloted a maximum of 30 interrogatories.
• The written answer to interrogatories must be under oath and signed. Must provide answer or state grounds for refusal to answer.
• The answer is due within 30 days after service of interrogatories or within 15 days after that party’s initial pleading or motion is due, whichever is later.

Question 50

Requests for Production of Documents or Entry Upon Land

Answer 50

• A party may request opposing party to produce and permit inspection and copying of any designated documents or to permit entry upon his land or property for the purpose of inspecting, testing, or sampling any tangible things.
• The response for such a request is due within 30 days after service of the request or within 15 days after the date on which that party’s initial pleading or motion is required, whichever is later.
• Use a subpoena for a non-party.

Question 51

Mental or Physical Examination

Answer 51

• Available only be court order upon motion for good cause, absent stipulation
• Only a party, or a person in the custody or under the legal control of a party, may be required to submit to an examination.
• Notice is required.

Question 52

Requests for Admissions

Answer 52

A party may make one or more written requests to any other party to admit the genuineness of any relevant documents or truth of any relevant facts.

The fact/genuiness will be taken as admitted unless, within 30 days after service of request or within 15 days after the date on which that party’s initial pleading or motion is due, whichever is later, the party files a response signed by the party or the party’s attorney.

Question 53

Failure to Comply w/ Discovery

Answer 53

The first step is a Motion for Order Compelling Discovery.

• Must file a Certificate of Attempted Resolution for any discovery related motion. Certificate must describe the good faith attempts to resolve dispute with opposing counsel.

If order compelling discovery is issued and party fails to comply, then party can file a Motion for Sanctions. Remedies include:

• facts not disclosed can be taken as proven;
• pleadings can be stricken;
• cause of action dismissed (rare); or f
• inancial sanctions

Question 54

Summary Judgment

Answer 54

Moving party must show:

• that there is no genuine dispute as to any material fact; and
• the moving party is entitled to judgment as a matter of law

The court can enter judgment in favor of the moving party as to entire case, part of case, or makes binding determination on certain issues or facts.

Question 55

Consolidation or Separate Trials

Answer 55

Court may join or separate trial of claims or parties based on common questions of law or fact.

Question 56

Voluntary Dismissal

Answer 56

• The plaintiff on her own, or by stipulation, can voluntarily dismiss case before the adverse party files an answer or motion for summary judgment.
• After defendant has answered or moved for summary judgment, the plaintiff can dismiss only by order of the court.
• First voluntary dismissal is without prejudice.

Question 57

Dismissal for Lack of Jurisdiction or Prosecution

Answer 57

• For Lack of Jurisdiction: defendant not served 120 days from issuance of original process (a summons issued, but plaintiff cannot get service, no personal jurisdiction).
• For Lack of Prosecution: no action for one year from last docket entry. Usually done sua sponte by the court.
  
  • Court sends notice of dismissal with 30 days to respond.

Question 58

Trial Subpoenas

Answer 58

A subpoena is a court order to compel a non-party to attend, give testimony, or produce documents/tangible items at trial.

• Must be personally delivered either to person named or to an authorized agent.

Question 59

Motion for Judgment (Pre-Verdict Motion)

Answer 59

Formerly a Motion for Directed Verdict

Made at close of evidence offered by opposing party, and in a jury trial, at the close of all the evidence.

• If a party’s motion for judgment is denied and that party offers evidence thereafter, this acts as a withdrawal of the motion for judgment. It **must be renewed or is waived. **
• Renewal of the motion at the close of all the evidence is a prerequisite to a Motion for Judgment Notwithstanding the Verdict (JNOV).

Court must consider the evidence in the light most favorable to the party against whom the motion is made.

Question 60

Verdict

Answer 60

Verdict must be unanimous, unless the parties stipulate to a majority verdict.

General vs. Special Verdicts

• A general verdict requires a jury only to find for one party or the other and determine the relief to be awarded.
• A special verdict involves written questions submitted to jurors for answers.

Question 61

Motion for Judgment Notwithstanding the Verdict (JNOV)

Answer 61

A JNOV challenges the sufficiency of the evidence. Court must find that no reasonable jury could have reached the verdict reached.

• Motion for Judgment at the close of all the evidence is a prerequisite to this motion.
• Must be filed within 10 days in writing.
• Extends time for filing appeal until 30 days after disposition of the motion.

If bench trial, “Motion to Alter or Amend”

Question 62

Motion for New Trial

Answer 62

Typical grounds:

• verdict is against the weight of the evidence;
• improper or prejudicial conduct by jurors, counsel, or the judge;
• newly discovered evidence (must show that facts were not known during trial)
• errors at law; or
• fraud in the prosecution of the action.

Must be filed within 10 days in writing;

Extends time for filing an appeal until 30 days after disposition of the motion.

Court may set aside all or part of a judgment entered, and may grant a new trial to all or any of the parties on all or some of the issues.

Question 63

Revisory Power

Answer 63

Court has revisory power over judgment where there is a timely post-trial motion. If not timely, court has revisory power only if fraud, mistake, irregularity, or failure or court employee to perform a duty required by statute or rule.

• Clerical errors can be corrected at any time.

Question 64

Judgments

Answer 64

• Confessed Judgment. A judgment by confession is entered by the clerk upon filing of a complaint, the original or photocopy of the written instrument authorizing the confession of judgment for a liquidated amount, and an affidavit specifying the amount due.
• Consent Judgment: The clerk may enter a judgment, without express court approval, at any time by consent of the parties if it is (1) for a specified amount of money or for costs or denies all relief; and (2) adjudicates all claims for relief presented in the action.
• Default Judgment: If a defendant has failed to plead within his time for pleading, and personal jurisdiction has been obtained over the defendant, the court, upon plaintiff’s written request, shall enter an order of default.
  
  • Defendant can move to vacate order within 30 days after entry.

Question 65

Liens of Money Judgment

Answer 65

A money judgment for a sum certain that is recorded and indexed (attached) int eh circuit court clerk’s office, constitutes a lien on the judgment debtors real (not personal) property located in the county where the judgment recorded.

• Circuit Court Judgment + D’s land in SAME county= automatic attachment. A money judgment obtained in a circuit court becomes a lien on the judgment debtor’s land in the same county automatically.
• Circuit Court Judgment + D’s land in DIFFERENT county or ANY district court judgment= must record in order to attach.

Question 66

Enforcement of Judgments

Answer 66

Money judgments are automatically stayed for 10 days.

Ways to enforce:

• Writ of Execution; order to a sheriff to seize (levy upon) and sell property belonging to a judgment debtor to satisfy a judgment.
• Levy: actual or constructive seizure of property for sale to satisfy a judgment. Sale cannot occur before 30 days after levy and any sale of realty is subject to ratification by the court.
• Garnishment: a writ of garnishment directs the garnishee (the third party) to hold the property of the judgment debtor to be turned ofver to the judgment holder.
• Writ of Possession: if a judgment awards possession of property or awards possession or, alternatively, payment of its value, upon written request of the judgment holder, the clerk may issue a writ of possession.

Question 67

Final Judgment Rule

Answer 67

Generally, a party may only appeal from a final order.

A final order is one that:

• is intended to be a final, unqualified decision by the court;
• adjudicates all claims against the parties; _and _
• is properly recorded by the clerk.

Question 68

Appeal from Interlocutory Orders

Answer 68

Appeal is typically not allowed from interlocutory (non-final orders), except:

• when permitted by statute;
• pursuant to MR 2-602 (special circumstances where trial court expressly directs entry of a final judgment, despite the fact that a final judgment has yet to be entered;
• under the collateral order doctrine (which allows interlocutory appeal where (1) appeal will conclusively resolve the disputed question; (2) resolve an important issue; (3) the issue is completely separate from the merits of the case; and (4) the order is effectively unreviewable from a final judgment.

Question 69

Use of a Deposition

Answer 69

Depositions may be used at trial for:

• Impeachment and contradiction.
• For any purpose if the witness is unavailable for under “exceptional,” including being out of state.