Civil Procedure Flashcards
What does Rule 11 sanctions require
A party wishing to file a motion for sanctions must first serve the motion for sanctions on the opposing party.
If the opposing party does not withdraw their suit or correct the matter within 21 days, then the moving party can file a motion for sections with the court.
A withdrawal of suit prior to 21 days will avoid sanctions.
FRCP 16(b) Scheduling order contains?
After consulting with the parties’ attorneys and any unrepresented parties at a scheduling conference, the Court must issue an Order within the time specified in the Rule.
The order must limit the time to join other parties, amend the pleadings, complete discovery, and file motions.
FRCP 30 (a)(1) Depositions by Oral Examination
A party may, by oral questions, depose any person, including a party, without leave of the court except as provided in rule 30(a)(2).
The deponent’s attendance may be compelled by subpoena under Rule 45.
Rule 30(a)(2) requires leave of court if the parties have not stipulated to the deposition and (1) the deposition would result in more than 10 depositions being taken by the plaintiffs, defendants or third parties, (2) the deponent has already been deposed in the case; (3) none of the exceptions in Rule 30(a)(2) exist.
FRCP 26(a) Requires voluntary disclosure as specified
Rule 37 does not require that a motion to compel be completed prior to asking for sanctions. It states “if a party fails to make a disclosure required by Rule 26(a), any other party may move to compel disclosure and for appropriate sanctions.”
Work products disclosed
A disclosure of work product, cannot be compelled on a simple showing it is relevant. It is not a work product if done in the ordinary course of business, such as a video recording.
FRCP 26(c) Protective orders
Protective order - Rule 26(c) confers broad discretion on the trial court to decide when a protective order is appropriate and what degree of protection is required.
Showing of good cause is required.
Seattle Times Co. V. Rhinehart, (1984).
Amending a complaint
Amending a Complaint
FRC 15(c) Relating back to original complaint.
It must arise out of the same transaction or occurrence of the original complaint.
FRCP 11 governs?
FRCP 11 governs pleadings and sanctions regarding matters in violation of this specific rule.
FRCP 37 - sanctions govern?
FRCP 37 governs sanctions on discovery requests or motions.
