Civil Procedure Flashcards
Venue
Venue is proper in (1) the district where any defendant resides, if all defendants are residents of the state in which the district is located; and (2) the district in which a substantial part of the events or omissions giving rise to the claim occurred.
initial disclosures
FRCP 26 requires parties to disclose certain information to other parties without waiting for a discovery request. It requires parties to disclose all information “then reasonably available” that is not privileged or protected by work product.
Without waiting for a discovery request, a party must provide to other parties the names and contact information for individuals likely to have discoverable information that the disclosing party may use to support its claims or defenses unless the use would be solely for impeachment.
These disclosures must be made within 14 days after the Rule 26 conference.
options following a juror misconduct
There may be a basis for a new trial.
The lawyer must show that (i) the juror failed to answer honestly a material question during voir dire; AND (ii) a correct response would have provided a valid basis for a challenge for cause.
Under this standard, the new trial motion should not be granted if the juror fails to disclose information because he innocently misunderstands the question.
summary judgment standard
a court must determine whether a genuine dispute of material fact exists
a summary judgment motion must be granted if, from the pleadings, affidavits, and discovery materials, it appears that there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law
claim preclusion
For claim preclusion to apply, there must have been a valid, final judgment on the merits, both parties must be the same (or be in privity with a party in the prior suit), and the new action must involve the same cause of action, meaning that all claims must arise out of the same transaction or occurrence.
issue preclusion
for issue preclusion to apply, the issues in both action must be the same, there must have been a final judgment as to that issue, the party against whom issue preclusion is asserted must have had a fair opportunity to be heard on the matter, and the posture of the case must be such that it would not be unfair or inequitable to apply collateral estoppel
permissive joinder
this requires that multiple parties can only be joined together if the claims against them come from the same transaction or occurrence and that there is a common question of law or fact among all the parties
timing for a motion for new trial
a motion for a new trial must be filed not later than 28 days after the judgment is entered
timing for a motion for relief from judgment
the court may relieve a party from a final judgment or order based on newly discovered evidence that by due diligence could not have been discovered in time to move for a new trial
