Civil Procedure Flashcards
if a party is anticipating litigation, and contacts an expert for their opinion, is the opinion discoverable?
It depends on whether the expert will testify.
If the expert will testify at trial, the opinion is NOT discoverable UNLESS the party show shows EXCEPTIONAL CIRCUMSTANCES under which it would be IMPRACTICABLE to obtain the information any other way.
If the expert will NOT TESTIFY, then the opinion is NOT discoverable.
Can an objection to venue be waived?
Yes.
Venue is waived unless party make a timely objection.
Where does a business reside for venue purposes?
Businesses reside in all districts where they are subject to PJ for the case in quesstion (specific or general).
Followning D’s default, clerk can enter a default judgement if for amount in complaint if:
- D is not an infant or an incompetent
- Plaintiff’s claim is for a sum certain
- Defendant failed to appear.
What is the authorized way to serve process on individual?
follow the state’s service of process rules
Mailing is way to request waiver of service
When is an action “commenced” for SOL purposes?
federal question – date complaint is filed with court
diversity– follow state rule where the fed court sits
Can a party move to ammend a complaint, even after jury issues a verdict?
If issue not raised by the pleadings, it treated like it was if tried by the parties’ express or implied consent.
Party may move-at any time, even after judgment, to conform them to the evidence and to raise the unpleaded issue.
can a pretrial conference order be modified?
yes-but only if the COURT modifies the order
is a party allowed to request oppoising party’s insurance info
Without waiting for a discovery request, a party must provide to the other parties copies or allow inspection of insurance agreements under which an insurer might be liable for all or part of any judgment that might be entered.
