Civil Procedure

Question 1

Scope of Discovery

CA Distinction

Answer 1

A party may discover relevant evidence of fact that may reasonably lead to relevant information (CA: all material related to sjm of litigation)

Need not be actually admissible under evidentiary rules
All relevant info that’s not privileged

CA: applies to electronically stored as well

Question 2

Physical or Mental Examination

Answer 2

A party may request the court to order a physical exam when the party is claiming a physical or mental injury, and that the ordered exam is performed by a neutral physician, and the exam is limited to the injury at issue

Court may not order exam if examination is not at issue in case

All parties must be given prior notice of place, condition, scope, time, and identity of examiner

Question 3

Court Order

Answer 3

For a party to make a discovery request, the request must be made through a court order

Question 4

Deposition of a Non-Party

Answer 4

A party may request a non-party to be deposed if that non-party possesses relevant, discoverable info regarding the case

If party served with subpoena, they must also bring requested info and documents

Question 5

Deposition

Answer 5

A deposition is when a party requests to question another party under oath prior to the commencement of trial - must serve subpoena

CA: 20 day limit upon notice of depo

Question 6

Doctor/Patient Privilege

Answer 6

There is a privilege between doctors and patients that protects their communications as privileged information

However, when a party to a suit sees a physician for an injury related to claim of suit, privilege is waived and opposing party may seek testimony regarding treatment

Question 7

Demand for a Jury Trial

Answer 7

There is a constitutional right to trial by jury in civil matters. However, the request must be made within 14 days of filing the complaint

AIC exeeds $20
7th amendment
Right extends to legal and not equitable issues

Question 8

Motion to Strike

CA Distinction

Answer 8

When a party makes a motion and the motion is improper, the other party may make a motion to strike the request

CA: can move to strike irrelevant, false, or improper matters included in the pleading

Question 9

Motion for Remand

Answer 9

A motion for remand back to state court a case that has been removed to federal court, will be granted if removal was improper

(30 days)

–> removal –> SMJ

Question 10

Removal

Answer 10

Removal to federal court is proper when the federal court has subject matter jdx over the claims being litigated

Only D can remove case originally filed in state court to fed court, all Ds agree, within 30 days, D cannot remove is resident of forum state

Question 11

Domicile

Answer 11

Currently lives with intent to remain

Companies: headquarter, PPB (nerve center)

Question 12

Collateral Estoppel (summary adjudication)

Answer 12

Under collateral estoppel, a party may be estopped from relitigating an issue when the defendant was already sued by another party, the issue litigated in case 1 is the same as case 2, the issue is critical to case 1, and there was a full judgment on the merits

Question 13

Service of Summons

CA Distinction

Answer 13

Proper summons can be established by personal service on the defendant or at his residence with a person of proper capacity, or by certified mail

Corps: companies have likely designated an appointed agent to whom it should be given

CA: required follow up mailing for D sub service

Question 14

Venue

Answer 14

Venue is proper where a substantial part of the claim arises, where the defendant is domiciled, or where there is PJ

If filed in federal court, needs SMJ

CA:
real property disputes - where prop is located

transitory (claim arose anywhere) - any county D resides when action begins

if not in ca, proper in any county (typically in county action performed)

Question 15

Subject Matter Jurisdiction

Answer 15

Federal Courts will not hear a case unless it has power over the subject matter of the case.

2 types: diversity or federal question

FQ: civil under constitution, laws, treaties of US
Diversity: citizenship - presence w intent to remain, AIC - >$75k and can agg

Question 16

Diversity of Citizenship

Answer 16

Under diversity, the claim must be between citizens of different states and the AIC must exceed $75k

Citizenship = domicile, corps PPB

Includes cases between a citizen of a state and an international citizen

Question 17

Federal Question

Answer 17

To satisfy federal question, the claim must be brought under federal law

Question 18

Compolsury Joinder of Claims

Answer 18

Joinder is a device to join claims and parties.

Compulsory joinder is allowed if the claims are from the same transaction or occurrence (sufficiently related) and joining the claims would not destroy diversity

Question 19

When dealing with real property disputes

Answer 19

When dealing with real property disputes, real property must be heard in the jurisdiction where the land is located

Question 20

Stating claims in a complaint

CA Distinction

Answer 20

A claim must state with sufficient detail the claim in which it is asserting and the relief which it is seeking. Failure to state either with sufficient certainty may lead to a motion to dismiss

CA: must include statements for material and operative fact for each demand and amount in damages

Question 21

Erie Doctrine

Answer 21

When a federal court is sitting in diversity jurisdiction, generally federal law rules on matters of procedure where there is a federal law that trumps state law

If there is no federal law on point, then the court must decide if it is a procedural or substantive matter

Court will look at:

Whether the federal court were to choose how to decide would it cause an influx of individuals seeking federal courts as a remedy (forum shopping) or

does the state have an important interest in how it is decided

then go into general Erie rule

Question 22

Permissive Joinder of claims

Answer 22

When compulsory joinder is not satisfied, there is permissive joinder which can be granted by the discretion of the judge in the interests of justice (so long as diversity not destroyed)

Question 23

CA SMJ

CA Distinction

Answer 23

Unlimited: more than $25k

Limited: less than $25k

Small claims: $10k, business $5k

Question 24

Supplemental Jdx

Answer 24

Where the court has SMJ over one claim in the matter, it may exercise supplemental jdk over other claims if it arises from the common nucleus of operative fact and STO

Question 25

Waiver of Service

Answer 25

P may request that D waive service (ok if within 30 days, 60 with request, CA no extension)

Question 26

Appeal Timeline

Answer 26

Must be a final judgment on the merits

30 days within final judgment w exceptions

Question 27

Class Action

Answer 27

Commonality
Adequacy
Numerosity
Typicality

CAFA: fed courts jdx w 100 or more Ps and over 5mil w minimal diversity

Question 28

Counterclaim

Answer 28

Compulsory - STO
Permissive - no STO

Question 29

Crossclaim

Answer 29

Party vs co-party

STO

Question 30

Work Product Disclosure

Answer 30

WP sometimes required to disclose

Party seeking disclosure has to show that info not available by any other means and interests would be substantially prejudiced if not allowed to access

Question 31

Amendments - Relation Back Standard

CA Distinction

Answer 31

Courts should allow the P leave to amend a complaint unless it would cause undue prejudice to the D. Amended complaint filed after SOL has run “relates back” to the original complaint and is not time-barred if:

OG complaint timely filed
New claims in amended complaint STO as original
CA: also same accident/injuries

Adding new party - ok if STO, received notice, and knew or should have known action brought against him

Question 32

Pleadings

Answer 32

Pleadings need to state with specificity (esp fraud). Pleadings cannot be vague and need to state the relief they seek

Question 33

Timing for Discovery

Answer 33

Discovery may be propounded on a party before initial disclosures are due without the propounding party asking for leave of court

The party seeking to propound discovery before initial disclosures is due bears the burden of establishing to the judge that good cause exists for propounding discovery early

Question 34

Interrogatories

CA Distinction

Answer 34

Rogs may be asked by a party to another party. FRCP allows 25 interrogatories to another party. If a party receives any more than that, they may refuse to answer the remaining interrogatorries.

If propounding party needs more rogs, they must make a request and include a declaration that explains the need for the additional rogs

CA: unlimited form, 35 special

Question 35

Motion to Compel

Answer 35

A MX to compel is sought when a party refuses to answer discovery by either not answering a specific interrogatory or refusing to produce documents

Before MTC, parties must confer with each other outside the court in the name of judicial efficiency

Motion must be served on all parties

Question 36

Mandatory Disclosures

Answer 36

Both parties are required to make mandatory disclosures of certain information to the other party, which includes contact information for any potential witnesses, contact information for expert witnesses used at trial, and a final report generated by the expert

Question 37

Procedural Issues with Rogs (READ)

Answer 37

Rogs sent out in discovery stage only, not pleading stage

Question 38

Discovery Attack Plan

Answer 38

Discovery (gen rule)
Relevant
Non-priv
Type of Disco
Conclusion

Question 39

Requests for Production of Documents

Answer 39

A party can serve discovery requests on a party and give the party 30 days to respond. They can request documents, ask questions in written form and if no responses, can ask the court to have a motion to compel

Question 40

Res judicata (claim preclusion)

Answer 40

Claims that are not brought in the first suit can be barred from litigation in the second suit (3)

STO as calim in first trial

First trial - final judgment on merits

Same parties as first trial

Question 41

Collateral Estoppel (issue preclusion)

Answer 41

Issues preclusion is based on an issue in the case, the issue actually litigated, the issue must have been the main or deciding factor of the case, normally cases need privity (same parties)

Question 42

Final Judgment Rule

Answer 42

The federal courts of appeals have jurisdiction over appeals from the final judgments of the district courts. A final judgment is a decision by the court on the merits that leaves nothing for the court to do but execute the judgment. The notice of appeal must be filed within 30 days after the judgment or order appealed from is entered.

Thus, the order is not appealable unless it qualifies as an appealable interlocutory order.

Question 43

Interlocutory Appeal

Answer 43

Although most interlocutory orders are not immediately appealable, there are some that have an immediate right of appeal such as with the granting or denial of an injunction, appointments of receivership; and certain admiralty cases.

Question 44

Collateral Order

Answer 44

Under the collateral-order doctrine, a court of appeals has discretion to hear and rule on a district court order if it: (i) conclusively determines the disputed question, (ii) resolves an important issue that is completely separate from the merits of the action, and (iii) is effectively unreviewable on appeal from a final judgment.

Question 45

Personal Jurisdiction AP

Answer 45

PJ governs whether or not a court may exercise power over parties.

Traditional: P/D/C

LAS: Due Process Requirements
1. Min contacts - intn shoe
2. Purposeful availment - purposeful, substantial, hailed
3. General jdx - continuous, systemic, essentially at home
4. Specific jdx - claim arises or closely relates to contacts
5. Fair play and substantial justice - interest of states, forum, judicial system, fairness to defendant

Question 46

JMOL

Answer 46

Motion made by either party at the close of P’s evidence or all evidence and granted if no reasonable jury could differ as to the outcome

Question 47

RJMOL

Answer 47

Motion after jury deliberates and delivers a verdict

Question 48

Rule 12b MTD

CA Distinction

Answer 48

CA: general and special demurrer can also be filed and motion to quash service of summons to object

Question 49

Answers

CA Distinction

Answer 49

21 days after being served if no mtd

CA: 30 days after being served

Question 50

Rule 11 Sanctions

CA Distinction

Answer 50

Court may impose sanctions limited to what deters repetition of conduct by others simularly situated

CA: movant must have exercised due diligence, 21 days to correct