Civil Procedure Flashcards

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1
Q

expert witness disclosure

A

made in 90 days
but if harmless can still testify

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2
Q

voluntary dismissal as of right

A

can be made anytime without court approval before opposing party serves answer or summary judgment motion

NOT 12b motion

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3
Q

Joint and several liability and joinder

A

NEVER compulsory party

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4
Q

jury instruction process

A

Before the parties’ closing arguments,
he court must inform the parties of the jury instructions it proposes to give and provide the parties with the opportunity to object to such instructions on the record and out of the presence of the jury.

When a party has submitted proposed jury instructions, the court must also inform the party of the court’s actions with regard to such instructions.

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5
Q

Class Action Fairness Act

A

min diversiry
exceed $5 million
over 100 people

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