Civil Procedure

Question 1

Subpoena of a Foreign Person

Answer 1

1. Use method of service allowed by Federal Rules for service in a foreign country
2. Pay travel and attendance expenses.

Question 2

Joinder of Claims and Parties - Statutory Interpleader

Answer 2

Requirements:

Amount in Controversy: $500 minimum

Minimal Diversity - Any 2 claimants

Notice/Jxd: Nationwide service of process

Venue: Where any claimant resides

Question 3

Disclosure and Discovery - Automatic Disclosure - Exception

Answer 3

26(a)(3) requires disclosure shortly before trial of the evidence (testimonial and documentary) that each party may use at trial.

Exception: impeachment evidence.

Here, witness brought to impeach; doesn’t have to be disclosed.

Question 4

Joinder of Claims/Parties - Compulsory Joinder

Answer 4

Required if: in absence, complete relief cannot be granted; his interest in subject is such that to proceed without him would either (1) Impair or impede his ability to protect that interest in a later proceeding or
(2) expose those already in lawsuit to substantial risk of double, multiple, or inconsistent obligations.

Then; whether it is feasible to join

Or; indispensable party