Civil Procedure Flashcards

Question

What does service of documents other than process look like?

Answer 1

Less formal. Delivery or mailing is fine. Email is also fine if the parties agree. Service is deemed complete when mailed, but add 3 days to the response time if mailed

Answer 2

In the state in which the federal court sits and outside that state IF STATE LAW ALLOWS. It's the exact same analysis in state and federal court.

Answer 3

All cases unless it's exclusive federal jurisdiction (patent infringement, bankruptcy, federal securities and antitrust claims)

Answer 4

1) Federal Question 2) Diversity 3) Supplemental

Answer 5

Consent makes no difference. The judgment is void

Answer 6

1) COMPLETE DIVERSITY between citizens of different US states or between citizen of a US state and citizen of a foreign country (MEMORIZE THIS PHRASING not good enough to have two foreigners) 2) the amount in controversy exceeds $75K

Answer 7

Judged as of when the case is filed

Answer 8

Write states of all P's and states of all D's, draw a line through the V and if there is the same state on both sides of the line, it's ruined. Two defendants from the same state is not a problem.

Answer 9

NO (but might get alienage jurisdiction as an alien)

Answer 10

By STATUTE, diversity/alienage jurisdiction is withdrawn if the greencard holder is from the same state as a party on the other side of the case

Answer 11

The US citizen living abroad is NOT an alien and is NOT a citizen of any US state, so if US citizen abroad sued by a foreign or domestic plaintiff, there is no alienage (because no citizen of a US state) and no diversity (because the parties are not citizens of different US states)

Answer 12

In the state where the person is domiciled. Can only have one domicile and every citizen has a domicile. Domcile is retained until changed. Domicile is changed based on: 1) physical presence in the new domicile 2) subjective intent to make that place your home for the indefinite future (judged by all relevant factors)

Answer 13

A corp is a citizen of 1) any state/country of inc 2) one state/country in which it has PPB

Answer 14

The place where the corp's managers direct and control business activities (the "nerve center")

Answer 15

An unincorporated association takes on the citizenships of its members

Answer 16

Wherever a general or limited partner lives

Answer 17

Even though you have to sue them through a representative, it is the decedent/minor/incompetent person's citizenship that matters.

Answer 18

the named class representatives

Answer 19

Must EXCEED 75000

Answer 20

Only the claim itself - not litigation costs of expenses.

Answer 21

Only if it is part of the claim. Interest on the claim from delay in payment from the litigation is not part of the claim Interest that is part of the loan agreement or contract is included in the claim

Answer 22

Whatever the plaintiff claims in good faith unless it is clear "to a legal certainty" that she cannot recover more than 75000

Answer 23

Yes (as long as the COA allows for the collection of punitive damages

Answer 24

single plaintiff can aggregate all of her claims against a single defendant - REGARDLESS if they are related

Answer 25

CANNOT aggregate the claims of multiple plaintiffs against a single defendant. UNLESS they seek to enforce a single right in which they have a common or undivided interest (if the claims are separate, no aggregation) In a class action, one class rep's claim must exceed $75K and the court will have supp j over the remaining

Answer 26

Use the total value of the joint claim - the number of parties subject to the joint claim is irrelevant

Answer 27

Must meet at least one of the below tests: 1) P's Viewpoint: If granted, does the relief requested have a value of >75K to P? 2) D's Viewpoint: If granted, will the relief requested have a cost to D of >75K?

Answer 28

Divorce, alimony, child custody, actions to probate an estate. Be precise - not all family related cases are excluded

Answer 29

No, scheme will be ignored and no diversity Yes, as long as it's a genuine change of citizenship

Answer 30

Plaintiff's CLAIM must "arise under" federal law and be on the face of P's "well pleaded complaint." Look only at the CLAIM. P must be enforcing a federal right

Answer 31

NO - plaintiff's claim must arise under federal law. | P must be enforcing a federal right

Answer 32

The federal court can "remand" the case back to the state court

Answer 33

D can remove an action to federal court if P could have originally filed an action there.

Answer 34

D must do 3 things: 1) file a notice of removal in the FEDERAL COURT stating the grounds for removal (ie grounds for SMJ) and attach all documents that were served on them in the state action. 2) D must "promptly" serve a notice of renewal on adverse parties 3) D must file a copy of the notice of removal in state court

Answer 35

30 days after service (not filing) of the first paper that shows the case is removable Not always the service of process.

Answer 36

ALL OF THEM - must be unanimous. They can file separate notices of removal.

Answer 37

YES - earlier D can join later D's removal even though her own 30 day window has expired.

Answer 38

NEVER - even if there is a counterclaim and even if D agrees

Answer 39

All cases where the federal court has SMJ BUT if removing based on diversity of citizenship, the case should not be removed if EITHER 1) ANY D is a citizen of the forum state OR 2) removal would be >1 year after the case was filed in state court These limitations don't apply in Fed Q cases or in cases where P joined a non-diverse party/concealed true AIC in bad faith to prevent removal

Answer 40

If D is voluntarily dismissed from the case, and the removal would occur within one year after the case was filed in state court, then the case can be removed. Same thing works if you get rid of the one non-diverse defendant

Answer 41

The one year limitation only applies to cases removed where the federal court has SMJ because of diversity of citizenship. D has 30 days from when D learned that the case became removable (relevant order/info served on them) to remove the case (not always when case was filed) BUT D in a diversity case can never remove a case more than one year after the case is filed

Answer 42

Only if D can show that P joined the non-diverse or home state D only to prevent removal

Answer 43

Defendant must remove to the federal district court "embracing" the state court where the case was filed. It does not matter if this venue would have been proper under the venue statutes.

Answer 44

If based on SMJ -> no time limit If not based on SMJ -> 30 days from the filing of the notice of removal (the in state defendant limitation is not based on SMJ)

Answer 45

Supplemental jurisdiction is a form of SMJ BUT Supp J gets claims into federal court and not cases.

Answer 46

1) Must have a case with Fed Q or Diversity jurisdiction 2) Check to see if the additional claim has Fed Q or diversity jurisdiction on its own 3) Check for Supplemental jurisdiction (if no diversity or Fed Q) 3A) Common Nucleus Test 3B) P cannot use supp j to bolt a claim onto a diversity case unless there are multiple Ps and supp j used to dodge the AIC requirement 4) Consider court's discretion to decline Supplemental jurisdiction

Answer 47

Yes - the federal court must have SMJ over every single claim in the case

Answer 48

NO because the permissive counter claim could not have been brought in federal court on its own because AIC <=$75K ----------- If the counterclaim is mandatory, it would not need to meet the AIC requirement

Answer 49

Supplemental claim shares "common nucleus of operative fact" with the claim that has SMJ. This test is always met if the claims arise from the same "transaction or occurrence" as the underlying case, but there might be a common nucleus of operative fact even if not from the same t/o.

Answer 50

Plaintiffs cannot use supplemental jurisdiction to bolt a claim onto a DIVERSITY case UNLESS there are multiple plaintiffs and supp J is being used to help another P dodge the AIC requirement. Defendants and other non plaintiffs may use supp j but court has discretion to decline it. P in a diversity case can only use Supp J if using it to dodge the AIC ------- Yes, a Co-P with an insufficient AIC can use supp j to bring their claim as long as the co-p does not destroy the complete diversity

Answer 51

1) state law claim is complex 2) state law issues would predominate 3) the claim with federal SMJ supporting the supp j was dismissed early in the case.

Answer 52

3 Step in Erie Analysis 1) Is there a federal law that directly conflicts with state law? If so apply federal law b/c supremacy clause (so if there's an FRCP and it's arguably procedural, that's what applies) 2) If there's no federal law on point, apply state law if in one of the 5 clearly "substantive" categories 3) If no federal law on point and not in one of the categories, must determine if the issue is substantive according to the three balancing factors

Answer 53

1) Conflict or choice of law rules 2) elements of a claim or defense 3) SoL 4) Rules for tolling SoL 5) standard for granting a new trial because the jury's damages award was excessive or inadequate

Answer 54

SoL are substantive for Erie purposes, so the judge applies state law SoL, but the judge must also apply state choice of law rules to determine which state law Some states have decided from a choice of law perspective that SoL is procedural (and so its own SoL applies and not that of another state). Federal judges respect this decision from a choice of law perspective because choice of law is substantive.

Answer 55

3 Balancing Factors 1) Outcome determinative (if outcome determinative, probably substantive) 2) Balance of Interests (does either the federal or state system have a strong interest in having its rule applied)? 3) Avoid Forum shopping (if ignoring state law on the issue would increase litigation in federal court, apply state law)

Answer 56

False. Erie says there is no GENERAL federal common law, so federal courts apply state substantive law for torts, contracts, property, etc. BUT federal courts can make up their own common law where there is no state law corollary (like international relations, admiralty)

Answer 57

Federal common law governs for claim/issue preclusion unless it's a diversity case. In a diversity case, federal common law follows state law on claim/issue preclusion.

Answer 58

Tells you in what federal court you should bring a case.

Answer 59

If initially filed in federal court, venue proper in any district where: 1) Residential Venue- any district where all D's reside 2) Transactional Venue- A substantial part of the claim arose or a substantial part of the property involved in the lawsuit is located If neither of these [rare], then can file in any district where D is subject to PJ But remember, if the case is removed, the venue is in the federal court that embraces the state court from which the case was removed.

Answer 60

Residential venue is proper in any district in which one of the Ds resides

Answer 61

a substantial part of the claim might arise in more than one district. e. g. in tort, where the defective product was made and where the plaintiff was injured e. g. in contract, where the contract was entered into and where it was to be performed

Answer 62

We only care about where D lives - NOT where P lives.

Answer 63

They are the same.

Answer 64

If the only defendant lives outside of the US, then venue is proper in any district, but if there is more than one D and one D lives inside the US, venue must be proper as to them.

Answer 65

Human resides in the federal district where she is domiciled. Entity resides in all districts where it is subject to PJ

Answer 66

When the transferee court has proper venue and PJ over the defendant without any kind of waiver by the defendant.

Answer 67

- If the transferor court has proper venue and D seeks transfer to another venue, court can order transfer based on the interests of justice and public and private factors (if seeking transfer to an improper venue, all parties must consent) - Burden is on the party seeking the transfer - This can be done at any time even after venue objections have been waived (b/c transfer is not an objection to improper venue)

Answer 68

``` Court considers public and private to determine if the other venue is the "center of gravity" for the case: Public Factors (what law applies, what community would be burdened with jury servicesand desire to keep a local controversy in a local court) and Private factors (convenience based on where parties and evidence are located) ```

Answer 69

The transferee court must apply the choice of law rules of the transferor court (unless the transfer is to give effect to a valid forum selection clause) - this is only relevant in diversity cases

Answer 70

A provision in which parties agree that a dispute between them will be litigated in a particular place. Can be enforced via a motion to transfer ASSUMING the forum selection clause called for litigation in a proper federal district

Answer 71

In federal court federal law governs. Federal law enforces forum selection clauses as long as they are not unreasonable. Only public interest factors are considered in the transfer. Transferee court applies its own choice of law rules State courts might not be so deferential

Answer 72

If the original district is an improper venue, the judge can transfer in the interest of justice or dismiss. (but if it's a valid claim that's just in the wrong venue, should probably transfer rather than dismiss) The choice of law rules of the transferee court apply

Answer 73

If there is another court that is the center of gravity of the case but it is not in the same judicial system. If FNC is invoked, the transferor court will hold the case in abeyance or dismiss it so that P can then sue in the better forum. The court invoking FNC might impose conditions on the party invoking FNC like requiring them to waive service of process

Answer 74

Another court must be available and "adequate," but the forum will be adequate unless the plaintiff cannot get any remedy at all there (even if the remedy is much less) The same public and private factors considered in a transfer of venue out of a proper venue INCLUDING the existence of a valid forum selection clause ``` Public Factors (what law applies, what community would be burdened with jury servicesand desire to keep a local controversy in a local court) and Private factors (convenience based on where parties and evidence are located) ```

Answer 75

1 – grounds for subject matter jurisdiction 2 – short and plain statement of the claim showing that plaintiff is entitled to relief 3 – demand for relief sought 4 - allege sufficient facts to support a plausible claim (judge uses their judgment) (notice how don't have to allege grounds for PJ or venue)

Answer 76

Fraud, mistake, special damages particularity and specificity

Answer 77

1) by motion | 2) by answer

Answer 78

21 days after being served with process If D waived service, 60 days from the date when P mailed the waiver form

Answer 79

Motions are not pleadings. They request an order of the court.

Answer 80

Filing the complaint

Answer 81

12(e) motion is a motion for a more definite statement when the complaint is so vague the defendant cannot respond (must make this motion before answer) 12(f) motion to strike asks the court to remove redundant or immaterial things from the pleading

Answer 82

Either party. For example, P might move to strike an affirmative defense from D's answer or D might move to strike an allegation of fraud

Answer 83

3Ps and a V lack of PJ, improper venue, improper process, improper service These are waived if they are not put in the FIRST rule 12 response (MOTION OR ANSWER) (so if you have a 12b1 MTD for lack of SMJ without also raising PJ, you waive even if you make the PJ motion right after - amendment of answer as of right to add PJ objection works if there were no 12b motion)

Answer 84

1) Failure to state a claim 2) Failure to join an indispensable party Can be raised as late as at trial (but can't be raised for the first time on appeal)

Answer 85

Defendant must answer no later than 14 days after notice of denial

Answer 86

motions to dismiss

Answer 87

The pleading where the defendant responds to the allegations to the complaint (admit or deny or state insufficient knowledge) and raises affirmative defenses

Answer 88

Anytime as long as the answer to the allegation is not in her control. Effect is the same as a denial

Answer 89

The allegation is deemed to be admitted (except regarding the amount of damages)

Answer 90

Classic affirmative defenses like SoF and self defense as well as any 12)(b) defense

Answer 91

Nothing - all allegations in the defendant's answer are deemed denied without action on the plaintiff's part

Answer 92

The court might treat it as a waiver

Answer 93

P can amend the complaint once no later than 21 days after D serves their first Rule 12 response (could be motion or answer)

Answer 94

Can amend once within 21 days after serving the answer. If D's first response was an answer, D can include a forgotten rule 12(b) waivable defense or a forgotten affirmative defense in the amendment

Answer 95

They must seek a leave of court or get the written consent of the opposing party. Court grants if justice so requires (look at length of delay, prejudice to the other party, futility of amendment)

Answer 96

When the evidence at trial does not match what was pleaded If a party notices a variance at trial, they must object at trial. If the party does not object to the variance, the party may move to amend the complaint to conform to the evidence. The party can move to amend the complaint even after the verdict if the other party has not objected to the variance at trial.

Answer 97

1 and 2) P or D wants to amend they pleading AS OF RIGHT 3) Party wants to amend a pleading to assert a new claim after the SoL has run 4) Party wants to amend a pleading to change a defendant after the SoL has run

Answer 98

Relating back is important if the amendment is after the SoL has run. An amended pleading "relates back" if it concerns the same conduct, transaction, or occurrence as the original pleading

Answer 99

1) [Same t/o] Amd must concern the same conduct, transaction or occurrence as the original pleading 2) [knew of suit] New D must have had such knowledge of the case that she will be able to avoid prejudice 3) [knew of mistake] New D knew or should have known that but for a mistake, she would have been named originally *Knowledge under 2 and 3 must have come within the period for service of process (90 days after filing of the complaint) So basically this kind of amd is allowed if P sued the wrong D first but the right D knew about it ----------- Action deemed commenced in a Fed Q case when the complaint is filed but in a diversity case, action deemed commenced at time determined by state law

Answer 100

Set forth things that happened after the pleadings were filed. (can add claims, details, etc) There is no right to file a supplemental pleading, must make a motion and the court hs discretion to grant or deny

Answer 101

Rule 11 applies to all motions/pleadings except for discovery or when a party presents a position to the court ("continuing certification") every time you present the position you are re certifying that Rule 11 requirements have been met

Answer 102

Certifies that to the best of the signor's knowledge or belief, after reasonable inquiry... 1) the paper is not for an improper purpose 2) the legal contentions are warranted by law or a nonfrivolous argument for a change of law 3) factual contentions and denials of factual contentions have evidentiary support or are likely to after further investigation

Answer 103

Can be imposed against the party, the lawyer and/or the lawyers firm. The purpose is to deter a repeat of the conduct (not to punish)

Answer 104

The opposing party by motion OR the court itself with an order to show cause why sanctions should not be imposed. The party about to be sanctioned must have an opportunity to be heard (regardless who raised the issue)

Answer 105

non monetary sanctions (e.g. requiring the lawyer to take a professionalism class) or monetary sanctions paid to the court (not the other party)

Answer 106

Before bringing a motion for Rule 11 sanctions to the court, a party must serve the opposing party and the party in violation has 21 days to fix the problem and avoid sanctions, then the motion can be filed with the court.

Answer 107

1) Joinder must be allowed by the FRCP | 2) There must be SMJ over the case

Answer 108

Under the FRCP, P can join any claim that they have against the adverse party, but you need SMJ

Answer 109

The claims by multiple P's or against multiple D's must: 1) arise from the same transaction or occurrence AND 2) raise at least one common question of law or fact (then joinder allowed but not required)

Answer 110

1) Is the absentee necessary/required? 2) If the absentee is necessary, is joinder feasible? and 3) If the absentee can't be joined, can the case proceed anyway?

Answer 111

Usually raised on motion of D Either: 1) W/o absentee, the court can't accord complete relief among the parties (concern about multiple suits) 2) Absentee's interests prejudiced if not joined [Most common on the exam] 3) Absentee claims an interest that subjects a party (usually D) to a risk of multiple/inconsistent obligations

Answer 112

Joinder is feasible if: 1) court has PJ over that party 2) court has SMJ over the claim by/against that party (to determine if there is diversity, the court "aligns" the absentee as P or D based on absentee's interest)

Answer 113

Court must decide if it will proceed without them or dismiss the entire case. Court considers the following: 1) Is there an alternative forum available? (st ct?) 2) What is the actual likelihood of harm to the absentee? 3) Can court shape relief to avoid harm to the absentee?

Answer 114

An indispensable party. (remember in rule 12, failure to join an indispensable party is a basis for an MTD) You can proceed without a "necessary" party if joinder not feasible, you just can't proceed without an indispensable party

Answer 115

A claim against an opposing party. Once one party asserts a claim against another, they are opposing parties, so any claim by an opposing party is a counterclaim

Answer 116

Counterclaim is part of D's answer

Answer 117

P must respond under Rule 12 within 21 days of service of the counterclaim/answer

Answer 118

A counterclaim that arises from the same t/o as the plaintiff's claim. Unless the counterclaimant has already filed the claim in another case, they must file it in this case or else it is waived. *This is the only compulsory claim in federal court*

Answer 119

If D has to answer and fails to include the counter claim in the answer. So if you can get the case dismissed under Rule 12 without ever having to answer, compulsory counterclaims are not waived

Answer 120

Any counterclaim that does not arise from the same t/o as P's claim. The party can choose to sue on these claims in a separate case

Answer 121

Must consider if the court has SMJ over the claim

Answer 122

A claim against a co-party (someone on the same side of the v) Crossclaim must arise from the same t/o as the underlying action. Crossclaims are not compulsory

Answer 123

No, the limitation on supplemental jurisdiction in a diversity case only applies if the PLAINTIFF is seeking supp j. Here the claim is by a defendant.

Answer 124

Counterclaim because it's against an opposing party Yes, once a cross claimant has a valid cross claim (a claim that arises from the same t/o as the underlying action), then the cross claimant MAY assert any other claims against the defendant in the cross claim REGARDLESS if they're related.

Answer 125

Compulsory counter claims. e.g. Co-D1 cross claims Co-D2. they are not opposing parties and Co-D2 must assert any compulsory counterclaims it has against Co-D1

Answer 126

Those are by people who are already in the Case!

Answer 127

We are joining someone new Into the case.

Answer 128

A third party claim

Answer 129

When a defending party brings in a new party. The defending party is looking for indemnity/contribution - to shift the liability that D will owe P to the impleaded party Saying "I'm not liable, he's liable" is not seeking indemnity. Saying "I'm liable, but he's liable to me" is seeking indemnity

Answer 130

a third party plaintiff A third party defendant

Answer 131

Indemnity shifts liability completely Contribution shifts liability pro rata

Answer 132

No - the only compulsory claim is a compulsory counterclaim

Answer 133

1) Must file a third party complaint naming the TPD | 2) Must have the complaint formally served (like an original complaint) on the TPD

Answer 134

If the party impleads within 14 days of serving the answer, no premission is needed. After 14 days, court permission is required

Answer 135

P can assert claims against TPD and TPD can assert claims against P, but these claims must arise out of the same t/o and be supported by SMJ

Answer 136

The limitation on supp J is only a concern for the claims made by P against TPD. The limitation only applies when a plaintiff in a diversity case seeks to invoke supp J

Answer 137

Yes - for impleader, look at the TPP and TPD, draw the line as if there was another "v" and evaluate for complete diversity. The original P is not a party to the impleader claim No, but the supp J limitation would not apply because the claim is being made by TPD and not by P

Answer 138

Intervention must be: 1) timely and 2) As of Right or permissive

Answer 139

When the intervening party's interests may be harmed if not joined and their interest is not adequately represented by current parties (same test as one of the tests for necessary party joinder) Then the court MUST allow the intervention.

Answer 140

If the intervening party's claim/defense and the pending case have at least one common question of law or fact. Court usually grants unless it would cause delay or prejudice to someone

Answer 141

Yes because plaintiffs in diversity cases can only use supp j to dodge the AIC requirement.

Answer 142

An interpleader suit permits some person/stakeholder to require two or more adverse claimants to litigate amongst themselves as to who has a valid claim to some property. Is used when separate actions might result in double liability against a stakeholder

Answer 143

Rule 22 Interpleader requires complete diversity between the stakeholder and all adverse claimants and >75K AIC OR a federal Q. Normal venue/service rules. Statutory Interpleader requires only diversity between any two adverse CLAIMANTS (if stakeholder makes no claim on the property, they are not a claimant) and $500 to be in issue. Service can be nation wide and venue is proper where any claimant resides

Answer 144

Rule 22 Interpleader requires complete diversity between the stakeholder and all adverse claimants (imagine it's stakeholder v defendants and draw the line) and >75K AIC OR a federal Q. Normal venue/service rules. Statutory Interpleader requires only diversity between any two adverse CLAIMANTS (if stakeholder makes no claim on the property, they are not a claimant) and $500 to be in issue. Service can be nation wide and venue is proper where any claimant resides

Answer 145

Can be Rule 22 because there is complete diversity between stakeholder and claimants (does not have to be diversity among claimants - imagine a "v" and draw the line like normal) Cannot be statutory because there is no diversity between at least two claimants. Ins co is not a claimant.

Answer 146

1) Evaluate the 4 requirements for a valid class | 2) Look for one of the 3 types of class action

Answer 147

1) Numerosity (too many class members fo joinder to be practicable) 2) Commonality (Must be some common issue among class members) 3) Typicality (rep's claims re typical of the claims of the class) 4) Representative Adequate (Class rep will fairly and adequately represent the class(

Answer 148

1) Class treatment is necessary to avoid prejudice to either the class members or the non class party (limited funds case -rare) 2) Injunctive/declaratory relief where D treated the class alike (can't seek damages) 3) Common questions predominate over individual questions and class action is the superior method to handle the dispute (damages case)

Answer 149

Only in the third type of class action (damages case where common questions predominate over individual questions and class action is the superior method of resolving the dispute)

Answer 150

When the court... 1) certifies the class 2) defines the class and the class claims/issues/defenses 3) Judge appoints class counsel who will fairly and adequately represent the interests of the class

Answer 151

Yes, court of appeals has discretion to grant review

Answer 152

1) Individual notice to all reasonably identifiable class members 2) Notice is paid for by the class rep 3) Notice states that the class members (a) can opt out, (b) can be bound by the judgment if they don't opt out, and (c) that they can enter a separate appearance through counsel

Answer 153

No notice required

Answer 154

Class members are bound unless they opt out, and class members can only opt out in a damages class action (not in limited funds or injunction class actions)

Answer 155

Only a certified class can settle For all types, the court must approve the settlement and must give notice to the class members to get their feedback on if the case should be settled or dismissed. If it's a damages class action, court might condition its approval on giving members a second chance to opt out

Answer 156

1) Fed Q (usual rules) 2) Diversity (only the citizenship of the class rep considered and only the AIC on the class rep's claim considered - other claims are ignored)

Answer 157

Federal court can hear a class action if - At least 100 members - ANY class member (not just the class rep) is diverse from ANY defendant - The aggregated claims of the class exceed $5M * certain restrictions for keeping local class actions local Any one D (EVEN AN IN STATE D) may remove the case from state to federal court

Answer 158

Information that must be disclosed even though a party has not asked for it. This includes: - Identities and contact info for people with discoverable info and the topics of discoverable info that the disclosing party may use to support claims/defenses - Docs and items that disclosing party may use to support claims/defenses IF these are in the party's custody or control - Computation of relief + supporting documentation - Insurance coverage *Notice how this only includes items that the party may use to SUPPORT ITS OWN claims/defenses. No need to disclose info harmful to your case or beneficial to the other party's case at this stage or if the only use is for impeachment

Answer 159

14 days after the Rule 26(f) conference

Answer 160

The party cannot use the undisclosed material in the case unless the failure to disclose was "substantially justified" or harmless

Answer 161

Time set by the court

Answer 162

Must: - identify expert witnesses that may provide testimony at trial - Disclose a written report by the expert witness - AFTER disclosure provided, opposing party may depose the expert (best practice is to subpoena the expert) Deposing party bears the cost.

Answer 163

Opinions that the expert witness will express, bases for the opinions, and facts used to form the opinions, qualifications of the expert, how much the expert is being paid ------------ No, drafts and discussions between expert and counsel about the reports are work product

Answer 164

Expert witnesses that may provide testimony at trial Consulting experts do not testify but helped with preparing the case. No need to disclose consulting experts or make them available for depo or issue report b/c facts/opinions held by them are not discoverable absent "exceptional circumtances" ---------- Yes, draft reports and discussions (about anything other than comp or what facts or data the atty provides to the expert) of expert witnesses and consulting experts are protected as work product

Answer 165

Can't use the expert witness unless the failure was justified or harmless

Answer 166

- Info about trial evidence - identify of the witnesses who will (or might) testify live or via deposition - documents and things to be introduced at trial

Answer 167

No later than 30 days before trial

Answer 168

After the Rule 26(f) conference and after the initial disclosures have been made. Requests to Produce (that's a discovery tool - not a general phrase) can be served after 21 days from the service of process and the request is treated as if it was served at the Rule 26(f) conference

Answer 169

A person gives live testimony under oath in response to questions by counsel. Questions can be oral or written

Answer 170

Parties and nonparties All parties can question

Answer 171

No - no requirement to review records to prepare - testimony is from present recollection

Answer 172

A notice of deposition is sufficient to require a party to appear at a deposition. A nonparty must be served with a subpoena

Answer 173

The party that provided the poor/defective notice is liable for the costs of the other parties that showed up

Answer 174

Requires the deponent to bring requested materials with her to the deposition

Answer 175

100 miles from their place of employment or residence unless they agree otherwise --------- They can move for a protective order in the district court where the deposition is taken

Answer 176

When a party is suing an organization, she may give notice (specifying a subject area or a particular person that they don't know the name of) to the organization as a whole and the organization must then designate the person(s) to testify on that matter

Answer 177

Cannot take more than 10 depositions or depose the same person twice without court approval or stipulation. Depositions cannot exceed one day of 7 hrs unless the court orders or the party stipulates ------------- Errors which could have been obviated if promptly raised at the deposition are waived at trial ------------- Deposition could be used against any party who was present at the deposition or had notice of it either to impeach the deponent as a W at trial (PICS) or for any purpose if the court finds the deponent is unable to testify or >100mi from trial (Former testimony) Can also use for any purpose if the deponent is an adverse party (admission)

Answer 178

1) To impeach 2) For any purpose if deponent is an adverse party 3) for any purpose if the deponent is unavailable at trial (unless the absence was procured by the party seeking to introduce the evidence)

Answer 179

written questions to be answered in writing under oath

Answer 180

- Can only be sent to parties - never nonparties | - The maximum number of questions (absent court order/stipulation) is 25 including subparts

Answer 181

- Interrogatories are to be answered within 30 days from service - Party must answer based upon information reasonably available

Answer 182

Only if the answer is in business records and the burden of finding the answer would be about the same for either party.

Answer 183

Contention interrogatories are about legal contentions. They are permitted

Answer 184

A request to produce asks a party to make available for review and copying documents or things or to permit entry to inspect/measure/etc

Answer 185

In the form designated by the requesting party, but the responding party may object.

Answer 186

30 days from the date of service

Answer 187

Only parties to the case, but a nonparty can be served with a subpoena to require disclosure of the same kind of information

Answer 188

Court order is required and will only be given IF BOTH: 1) the person's health is in actual controversy AND 2) good cause shown The requesting party gets to choose the doctor

Answer 189

Yes, but then the requesting person must produce all medical reports by her own doctors about the same medical condition and she waives any dr-patient privilege that might have applied

Answer 190

A written request that someone admit certain matters 30 days to either specifically deny or object in writing. Can also state don't know if have made reasonable inquiry and cannot find enough info to admit or deny. Failure to deny = admission The party requesting the admission can move that the party pay additional costs/attys fees incurred

Answer 191

often used to authenticate documents No, admissions are only good against a party in the proceeding in which they are given.

Answer 192

Every substantive answer to a discovery request must be signed under oath

Answer 193

No, but under another rule, every discovery request and response is signed by counsel certifying 1) it is warranted, 2) not interposed for an improper purpose and 3) is not unduly burdensome

Answer 194

Must supplement the response. (self-policed) If a party fails to provide info or identify a witness, the party is not allowed to use that info/witness unless the failure was substantially justified or harmless. The court can also shift additional costs/fees caused by the failure, inform the jury, or impose other sanctions

Answer 195

A party can discover anything RELEVANT to ANY PARTY'S claim or defense and PROPORTIONAL to the needs of the case. Info need not be admissible to be discoverable The court can require the objecting/non-producing party to pay the other side's costs of making the motion including attys fees (but no merits sanctions - those are only for violations of the court's order compelling production or total nonresponses to an entire discovery request)

Answer 196

1) Move for a protective order from the court OR | 2) object to discovery and the opposing party will have to move to compel discovery from he court

Answer 197

Party 1 can try to show good cause for discovery - the court could then order production of X and allocate the expenses of production between the parties

Answer 198

Work product is material prepared in anticipation of litigation. (does not have to be created by a lawyer and could be created by the party themselves or their agent)

Answer 199

Work product that can never be discovered (mental impressions, conclusions, opinions, legal theories of the case)

Answer 200

Work product that can never be discovered (mental impressions, conclusions, opinions, legal theories of the case)

Answer 201

No because not prepared in anticipation of litigation, so not work product

Answer 202

Yes - the identify of witnesses/people with discoverable info is discoverable and not work product

Answer 203

No - a party has a right to demand discovery of any previous statement that the opposing party has made about the case

Answer 204

1) deny discovery 2) limit discovery 3) permit discovery on specified terms

Answer 205

If the inadvertently disclosing party notifies the other party promptly, the other party must return, sequester, or destroy the material pending a decision by the court about whether there has been a waiver of privilege or WP

Answer 206

1) Party seeks a protective order 2) Party responds with an answer to some of the questions (and objects or ignores to some others) 3) Party does not respond at all to a discovery request

Answer 207

1) If the discovery request results in annoyance, embarrassment, undue burden or expense and 2) the party requesting the protective order certifies that she has tried in good faith to resolve the issue without court involvement (asked the other party to "meet and confer") - ----- 1) Party must have failed to provide a discovery request 2) Requesting party must certify that they have made good faith attempt to confer with the opponent

Answer 208

Judge can pick any of the following 1) Establish certain facts as true 2) Strike pleadings of the disobeying party 3) Disallow evidence from the disobeying party 4) dismiss the plaintiffs case (if bad faith shown) 5) Enter default judgment against D (if bad faith shown) ----------- Merits sanctions are only for violations of the court's order compelling production or total nonresponses to an entire discovery request)

Answer 209

Failure to appear at a deposition, fails to respond to requests in full or part, or objects subjects the party to costs. Party seeking sanctions must certify that tried in good faith to get the info without court involvement (asked to "meet and confer") If make a successful/unsuccessful motion to compel, costs/fees of the opposing party are shifted (court MUST shift costs unless opposing party responded and refusal was substantially justified)

Answer 210

Step 1: Requesting party moves for an order compelling the party to answer the unanswered questions plus the costs of bringing the motion. Step 2: the producing party violates the order compelling her to answer. Merits sanction + costs and attys fees of bringing the motion are available. Violating party could be held in contempt (but there's never contempt for failure to submit to a medical exam)

Answer 211

Court can enter a merits sanction plus costs and attys fees for the motion. No need to get an order compelling answers - just go directly to merits sanction

Answer 212

If ESI has been truly lost (cannot be restored) due to failure to take reasonable steps to preserve, the court may enter measures to cure the harm caused the adverse party. Can also enter an adverse inference order, merits sanction, default against bad faith D ONLY IF the party who lost the ESI failed to take reasonable steps with the intent to deprive the other party of the ESI.

Answer 213

1) Initial Disclosures 2) Expert Witness Reports 3) Pretrial Disclosures

Answer 214

Must disclose the existence of the material in sufficient detail to the opposing party so that they can assess the claim of privilege

Answer 215

1) Movant must certify that he has in good faith conferred or attempted to confer with the party failing to make discovery 2) If the discovery is from a party, file with the court where the action is pending. If the discovery is from a nonparty, file with the court in which the discovery will be taken.

Answer 216

Temporary Restraining Order is an order to maintain the status quo until the hearing on the preliminary injunction Preliminary injunction is an order that maintains the status quo until trial

Answer 217

Can be issued ex parte (without notice to the other party) TRO issued ONLY IF: 1) Applicant files a paper under oath clearly showing that if a TRO is not issued, she will suffer immediate irreparable harm if she must wait until the other side is heard 2) The applicant's lawyer certifies in writing regarding her efforts to give oral or written notice to the defendant or defendant's lawyer (or why notice should not be required/why notice is impossible) 3) Applicant provides bond/security to compensate the other party if wrongfully enjoined

Answer 218

Must post a bond to cover the other side's costs and damages caused if it turns out the restraint is wrongful. If the court issues the TRO, the order must be served on the defendant as soon as possible (a party without notice of a TRO cannot be punished for violating it)

Answer 219

Must specifically describe (in detail) what the defendant must do, state why it was issued and state why the threatened injury to the plaintiff was irreparable

Answer 220

No more than 14 days (or lesser time stated by the court), but the restrained party may move to dissolve or modify it earlier If applicant shows good cause, it can be extended for 14 more days but no more than that. (if TRO >28 days, it can be treated as a PI)

Answer 221

Cannot be granted ex parte. The burden is on the applicant to show: 1) likelihood of irreparable harm 2) likely success on the merits 3) balance of hardships favors applicant 4) injunction is in the public interest *PIs are in the court's discretion - there is no right to a PI

Answer 222

Applicant must post a bond

Answer 223

Must state the terms of the TRO with specificity, describe in detail what the defendant must do or refrain from doing and state why it was issued. Court must make specific findings of fact and conclusions of law (required for PI but not for TRO - help facilitate appeal)

Answer 224

Yes - appeal as of right

Answer 225

If P withdraws the case by filing a notice of dismissal before D makes an answer or a motion for summary judgment. P and D can also stipulate to a voluntary dismissal without the court's permission (e.g. when the case is settled)

Answer 226

Court permission is required absent a stipulation if after answer or motion of SJ. P must make a motion fo voluntary dismissal which the court has discretion to grant. If a counterclaim has been filed in the meantime, the court will only grant the dismissal if that counterclaim can remain pending.

Answer 227

No - the first voluntary dismissal is without prejudice and the second voluntary dismissal is with prejudice (which is treated as a dismissal on the merits). Second voluntary dismissal is with prejudice even if the first dismissal was in state court

Answer 228

A notation by the court clerk on the docket sheet in the case after plaintiff's motion for entry of default. P must demonstrate that defendant failed to respond within the 21 days alotted to respond with motion/answer after service of the complaint. D can reply with motion/answer even after the 21 day deadline until default is actually entered

Answer 229

Cuts off D's right to respond, but does not automatically entitle P to relief. To get relief, P must seek a default judgment

Answer 230

Clerk of court can enter a default judgment IF: 1) D has made no response at all (has not appeared. continued settlement negotiations include an appearance) 2) Claim itself is for a certain sum of money 3) P gives a sworn affidavit of the sum owed 4) D is not a minor or incompetent ^If any of the above is not satisfied, P must apply to the court for default judgment.

Answer 231

Judge will hold a hearing and has discretion whether to enter the judgment. D is entitled to notice of the hearing if she has appeared in some fashion in the case P's recovery is limited to what is in the complaint (unlike at trial)

Answer 232

If the suit is for damages, D gets notice of hearing D has made an appearance P can also not get a different kind (or greater amount) of relief from what is pleaded in the complaint

Answer 233

1) Good cause (like excusable neglect) AND | 2) a viable defense

Answer 234

a 12(b)(6) MTD for failure to state a claim is made before D has filed an answer The same motion after D has answered is a motion for judgment on the pleadings

Answer 235

Court ignores P's legal conclusions and takes all of P's allegations of fact as true. "Taking all of the alleged facts as true, is there a plausible claim?" Judge uses experience and common sense in evaluating plausibility

Answer 236

No - does not have to allow but can allow

Answer 237

If the evidence is viewed in the light most favorable to the nonmovant, there is no genuine issue of material fact so movant are entitled to judgment as a matter of law. SJ is based on ADMISSIBLE evidence only - inadmissible evidence ignored. Here evidence is anything provided under oath - pleadings are not considered here unless made under oath ("verified pleading"). And if D failed to deny an allegation in the complaint, it can be considered as admitted in SJ Can be partial (e.g. SJ on liability and trial on damages)

Answer 238

Even if there is no issue of material fact, a court does not absolutely have to grant SJ. Reviewed on Abuse of discretion

Answer 239

No later than 30 days after the close of discovery but can move for SJ as early as the initial response to the complaint (even before the answer)

Answer 240

The party may file an affidavit or declaration with the court STATING WHAT THE EVIDENCE WOULD BE and the court may allow more time for the party to obtain the evidence

Answer 241

Parties must "meet and confer" to discuss the production of required initial disclosures, claims, defenses, settlement, and preservation of discoverable information Must occur at least 21 days before the court's scheduling order

Answer 242

No later than 14 days after the Rule 26(f) conference, the parties must present the court with a detailed discovery plan that includes views and proposals on timing, issues/plans regarding the discovery of ESI

Answer 243

A court order that sets cutoffs for joinder, amendment, motions, completion of discovery, etc as a setup for trial

Answer 244

Via pretrial conferences

Answer 245

Determines the issues to be tried and evidence to be proffered at trial. The result is recorded in the pretrial conference order which supercedes the pleadings The pretrial conference order is a roadmap of issues to be tried, evidence to be presented at trial, witnesses, etc so that there are no surprises at trial

Answer 246

Provides the right to a jury trial in civil actions at law - but not for suits in equity. 7th amd only applies in FEDERAL court - not state court

Answer 247

Determines the issues to be tried and evidence to be proffered at trial. The result is recorded in the pretrial conference order which SUPERCEDES THE PLEADINGS The pretrial conference order is a roadmap of issues to be tried, evidence to be presented at trial, witnesses, etc so that there are no surprises at trial Can be modified even after the trial has begun

Answer 248

Provides the right to a jury trial in civil actions at law - but not for suits in equity. 7th amd only applies in FEDERAL court - not state court

Answer 249

First, the jury generally decides the fact questions relevant to the issues of law and then judge decides any questions remaining for the equity issues If a fact is in common, the jury decides it

Answer 250

Must demand a trial by jury in writing no later than 14 days after service of the last pleading addressing a jury triable issue (usually the answer). If demand is not made, the right is waived Demand must be served on all parties to the case But even if the deadline is missed, SCOTUS says that absent compelling reasons the court should grant the demand even after the deadline if the issue is normally tried by jury

Answer 251

For cause challenges - unlimited number of challenges if the juror will not be impartial Peremptory Challenges - can be used in any race/gender neutral manner with no explanation (jury selection is state action)

Answer 252

Min 6 max 12 UNLESS THE PARTIES AGREE OTHERWISE. If there are 6 and one drops out (even for good cause) the jury cannot return a verdict Verdict must be unanimous All of them unless a juror is excused for good cause

Answer 253

At the close of all evidence Judge may hold an off the record conference with the parties to discuss the proposed instructions, but before final argument and instructing the jury, judge must on the record inform the parties of what instructions it will give and what proposed jury instructions it rejected. Parties must be allowed to object on the record and out of the jury's hearing. Objections that are not made on the record before the jury is charged are waived

Answer 254

For clear error that affected a party's rights

Answer 255

The judge picks 1) General verdict (who wins and what the relief is) 2) Special verdict (jury answers in writing specific questions about the facts but does not say who wins or loses) 3) General verdict with written questions (jury says who wins, what the relief is, and answer specific questions - ensures the jury stays focused)

Answer 256

If the jury returns a general verdict, the clerk enters judgment If the jury returns a special verdict or a general verdict with written questions, and the answers are consistent with each other and with the verdict, then the judge approves the judgment and the clerk enters it

Answer 257

A) judge can enter judgment consistent with the answers to the questions, ask the jury to reconsider, or order a new trial B) No judgment may be entered (can ask jury to reconsider or order new trial)

Answer 258

A verdict can be "impeached" only with external matters (bribery, given evidence improperly), but the verdict will not be set aside if the taint was harmless

Answer 259

Judge must record findings of fact and conclusions of law (separately) orally on the record or in writing The judgment is then entered (very short saying who wins and what relief is granted)

Answer 260

After the other side's evidence has been presented to the jury at trial, a party can move for JMOL and the judge grants and enters judgment IF reasonable people could not disagree with the result. e.g. D could move for JMOL after P presents their case but before D has defended

Answer 261

After trial and after the jury has returned the verdict. Court views the evidence in the light most favorable to the nonmoving party

Answer 262

RJMOL must be made within 28 days after entry of judgment.

Answer 263

The party must have moved for JMOL at the proper time at trial on the same grounds that RJMOL is raised after trial

Answer 264

Any non-harmless reason in the discretion of the judge. For example... - judge gave an erroneous jury instruction, - new evidence was discovered that could not have been discovered before with due diligence - misconduct by jury/party/lawyer - judgment is against the weight of the evidence - damages excessive or inadequate New trial is a less drastic remedy than RJMOL and might be granted if a party should have gotten JMOL/RJOML but forgot to raise it

Answer 265

28 days after judgment is entered (same as RJMOL)

Answer 266

if the damages figure "shocks the conscience" the court can give P the choice between a new trial and remitting part of the damages award (court can't simply lower the figure because that would violate the 7th amd)

Answer 267

if the damages figure "shocks the conscience" the court can give the defendant a choice between paying a higher amount in damages and a new trial. NOT ALLOWED IN FEDERAL COURT B/C 7th AMD - ONLY STATE COURT

Answer 268

D can submit formal offer to settle the case up to 14 days before trial (if accepted, judgment entered for that act), and if D does and P does not do that well at trial, P is liable to D for D's litigation costs after the offer was made

Answer 269

Clerical error (any time) Judgment is void e.g. b/c court lacked SMJ (reasonable time) Mistake/excusable neglect (reasonable time that is never longer than a year) Fraud/misrep/misconduct by opposing party (Reasonable time never longer than a year) Newly discovered evidence that could not have been discovered with due diligence in time for a new trial motion (28 days post judgment) and the newly discovered facts existed at the time of trial (reasonable time need more than year)

Answer 270

The losing party has the right to appeal only after the court's final judgment. A final judgment is a judgment that determines the entire case. To determine if an order is a final judgment ask if the court has anything left to do on the merits of the case

Answer 271

Notice of appeal filed with the district court within 30 days after entry of the judgment that is being appealed

Answer 272

Interlocutory appeal

Answer 273

1) Appeal of preliminary or permanent injunctions as of right (but not TROs) 2) Interlocutory Appeals Act 3) Collateral Order Doctrine 4) District court jumps to final judgment 5) Class certification 6) Writ of Mandamus/Prohibition

Answer 274

Interlocutory Appeals Act allows appeal IF a) district judge certifies it involves a controlling issue of law b) as to which there is substantial ground for difference of opinion and c) the court of appeals agrees to hear it

Answer 275

Interlocutory Appeals Act allows appeal IF a) district judge certifies it involves a controlling issue of law b) as to which there is substantial ground for difference of opinion and c) the court of appeals agrees to hear it

Answer 276

The appellate court has discretion to hear an appeal on an issue if that issue: 1) is distinct from the merits of the case 2) involves an important legal question and 3) is essentially unreviewable if parties await a final judgment. This is rare, but state immunity from suit (not just damages) in federal court under the 11th amd might be an application

Answer 277

If: 1) there are multiple claims or multiple parties in a case and 2) the court makes an express finding that there is no just reason for delay, the district court can expressly direct entry of final judgment as to one or more of the claims/parties

Answer 278

A court of appeals has discretion to grant review or not Party seeking appeal must fille AT THE CT OF APP within 14 days of the order. Appeal does not stay the proceedings unless ct of app or district court says so

Answer 279

clearly erroneous

Answer 280

affirm unless reasonable people could not have made the finding

Answer 281

No. No reversal if the error is harmless

Answer 282

Whether to give a particular jury instruction. | but the contents of jury instructions given are reviewed de novo

Answer 283

The court in the later case applies the preclusion law in effect in the judicial system that decided the earlier case

Answer 284

There must be a judgment already entered in an earlier case. It's not when the cases start that matters, its when the case yielded a judgment

Answer 285

First look at if claim preclusion applies | If no claim preclusion, then look at issue preclusion

Answer 286

Res Judicata

Answer 287

1) Must be the same claimant suing the same defendant (not just the same parties) 2) Must be a prior valid final judgment on the merits. 3) the earlier and instant case are on the same claim

Answer 288

A judgment is on the merits unless: 1) the court said the judgment was not on the merits 2) the court lacked PJ or SMJ 3) Venue was improper 4) failure to join an indispensable party * This is true even if there was no adjudication in Case (like default) * *be mechanical here

Answer 289

Majority View: Same t/o Minority Primary Rights View: Separate claims for personal injury and property damage are allowed even if they arise from the same event

Answer 290

be very mechanical about following the claim preclusion rules. See pg 106 for ex

Answer 291

collateral estoppel

Answer 292

If issue 1 was litigated in Case 1 and it appears again in Case 2, it is not relitigated and is deemed established (streamlines the scope of case 2)

Answer 293

1) Must be a prior valid final judgment on the merits. 2) The same issue must have been actually litigated and determined in Case 1 3) the issue must have been essential to the judgment in Case 1 4) Party against whom preculsion is asserted was a party or in privity with a party in the earlier case (Due Process Concern) 5) Mutuality Rules (rules about the party asserting preclusion)

Answer 294

The finding on that issue is the reason for the judgment

Answer 295

Issue preclusion can be used only against somebody who was a party to Case 1 or in privity with a party. Privity means a party to Case 1 represented a nonparty (e.g. class members represented by a class rep) The requirement that the party against whom issue preclusion is asserted either be a party in Case q or be in privity with a party in Case 1 comes from Due Process - everyone is entitled to their day in court before their rights are taken

Answer 296

Can be used by: 1) anyone that was a party to Case 1 2) anyone in privity with a party in Case 1 3) If used by someone who was not a party to Case 1, it's called nonmutual issue preclusion - rules differ for offensive an defensive use

Answer 297

Nonmutual defensive issue preclusion is by someone who was not a party in Case 1 and is a DEFENDANT in case 2. This is ok under federal law and most states as long as the party against whom it is being asserted had a full chance to litigate in case 1.

Answer 298

Nonmutual offensive issue preclusion is by someone who was not a party in Case 1 and is a PLAINTIFF in case 2. Nonmutual offensive issue preclusion is generally not available but might be allowed based on the following fairness factors: 1) Party to be bound had a full and fair opportunity to litigate in Case 1 2) The party to be bound had a strong incentive to litigate case 1 (not present if for small sum or less incentive unless foreseeable that larger cases forthcoming) 3) Party asserting issue preclusion could have easily joined in case 1 (discourage sideline sitting) 4) No inconsistent findings on this issue across multiple cases looking at the same issue(might be the most important)

Answer 299

If diversity case -> apply state law If it's a fed Q case -> apply federal law

Answer 300

Plain error - this is very rare and it is more likely that the court of appeals will refuse to hear the case. An error is only plain error when it is so bantantly incorrect that it calls into question the competence or partiality of the judge. (would be de novo if the issue was objected to and the issue thus preserved)

Answer 301

Abuse of discretion

Answer 302

If the court grants the RJOML, it will also rule hypothetically on the new trial motion so that no remand is required if the RJOML is reversed on appeal (RJMOL reviewed de novo and new trial reviewed for abuse of discretion)

Answer 303

No. Never even if both parties agree.

Answer 304

barred by the prior judgment merged into the prior judgment

Answer 305

14 Days: (a) expiration of TRO, (b) Time to file demand for jury trial after last pleading directed to a jury triable issue is served, (c) time to appeal class action cert/denial 21 Days: (a) Time after complaint to answer or file rule 12 motion, (b) time to amd pleading after service or after responsive pleading/motion served, (c) time to withdraw pleading after Rule 11 notice 28 Days: (a) Time after judgment to file motion for RJMOL, (b) time after judgment to file new trial motion 30 days: Time for initial removal, time for remand, time to return process waiver, time for appeal 60 days: Time (starting from time P mailed waiver to D) for D to answer complaint or file 12(b) motion if D waived service of process (+30 if outside US) 90 days: general time limit on service of process 1 year: outer time limit for removal based on diversity

Answer 306

D2 can assert any claims against P that arise out of the same transaction or occurrence Claim is permissive - D2 can bring in a separate action if it wants to

Answer 307

Probate matters (actually probating a will)