Civil Procedure Flashcards
28 Day Deadlines
4
Most post-trial filings
- Renewed JMOL
- Motion for New Trial
- Motion to alter or amend judgment
- Motion for amended findings after final judgment
30 Day Deadlines
6
Most discovery deadlines BUT ALSO
- File notice of removal after receipt of initial pleading
- Motion to remand - removal
- Submit pre-trial disclosures before trial
- Respond to interrogatories, requests for production, requests for admission
- Motion for Summary Judgment - after discovery
- Notice of Appeal
60 Day Deadlines
2
- Answer or pre-answer motion after domestic service is waived
- Serve answer after service of process on US Agency or employee
90 Day Deadlines
3
- Serve process after complaint filed
- File answer or pre-answer motion after foreign service waived
- Disclose expert witness materials before trial
14 Day Deadlines
5
- File answer after pre-answer motion denied
- File 3rd party complaint without leave after original answer served
- Respond to amended pleading
- Submit proposed discovery plan and initial disclosures after initial conference
- Demand jury trial after last pleading served
21 Day Deadlines
4
- Serve pre-answer motion or answer after service of complaint, counterclaim, or crossclaim
- Amend pleading a matter of course after pleading was served
- Hold initial conference before scheduling order is due
- Serve reply to answer
Venue
Rule - Venue is proper in any federal district where:
1. Any D resides, if Ds reside in the same state
2. Substantial part of the events giving rise to the claim occurred or property at issue is located
3. If neither –> where any D is subject to the court’s personal jurisdiction
Final Judgment Rule Exceptions
In Certain Circumstances An Appeal Can Be Made Prematurely
- Injunction - grant/denial
- Certification by district court - states so in the order
- Class action certification
- Appointment of receiver
- Admiralty cases
- Collateral order doctrine
- Bankruptcy cases
- Mandamus - petition for writ
- Patent infringment order - accounting
Fairness Factors - PJ
- Interest in the forum state in adjudicating the matter
- Burden on D of appearing in the case
- Interest of judicial system in efficient resolution, and
- Shared interest of the states in promoting common social policies
Diversity Jx + Supplemental Jx
Rule - The court can exercise supplemental jx in a diversity action if:
1. Supplemental claim shares common nucleus of operative facts with anchor claim,
2. Additional P does not destroy diversity, AND
3. Not made by a P made party through joinder, intervention, or impleader
Federal Question + Supplemental Jx
Rule - A court can exercise supplemental jx in a federal question case so long as the supplemental claim and anchor claim share common nucleus of operative facts
Venue Rule
Rule - Venue is proper in any judicial district where:
1. Any D resides if all Ds reside in same state
2. Substantial part of the events/omissions occurred, or property is located, OR
3. Fall back provision - any district where D is subject to PJ
CA Venue Rules
If action involves real property –> county where property is located
If contracts action –> county where contract was entered into or expected to be peformed
If torts action –> county where the act/omission giving rise to the tort occurred
Adding New Claim + Relation Back
Rule - If a new claim is added to an amended complaint, it relates back if:
1. The original complaint was timely, and
2. The new claim arises out of the same transaction/occurrence as the claims in the original complaint
Adding Party + Relation Back
Rule - If a new party is added to an amended complaint, it relates back if:
1. The claim arose out of same conduct, transaction, or occurrence
2. The new party received notice of the action within 90 days of original complaint, and
3. The new party knew or should have known the action would have been brought against them but for a mistake concerning the proper party’s identity
Compulsory Joinder of Claim
Rule - A claim must be joined under compulsory joinder if it arises from the same transaction/occurrence as the subject matter of the opposing party’s claim.
If not brought now, never can be
Compulsory Joinder of a Party
Three requirements must be met:
- Party must be necessary
- Court must have PJ over the party, and
- Court must have SMJ
If new party would destroy diversity, court must decide whether to proceed without new party or dismiss claim
Deposition as Discovery Tool
Used for party or non-party
Subpoena Duces Tecum - request non-party produce documents in their possession
Federal limit - 10 per party, 7 hours each
California - no limit, but still 7 hours a day with exceptions
Interrogatories + Limits
Parties only
Federal - 25 per party
California - unlimited
Grounds for objection must be stated with specificity
Request to Produce Documents & Inspection of Land
Parties only
Can object if expenses outweigh likely benefit
Physical or Mental Exam
Parties only
Can compel exam if:
1. Party’s physical or mental condition is at issue, and
2. There is good cause
Motion to Compel Discovery
If party fails to make disclosures or respond to discovery
First - Must meet and confer in good faith to resolve the dispute
Then - if not resolved, can file motion to compel
Requests for Admission
Parties only
JMOL
Rule - A JMOL can be brought at the close of P’s evidence or close of all evidence if the evidence is legally insufficient for a reasonable jury to find in non-movant’s favor.
Standard - if no reasonable person could differ as to the outcome based on the evidence
Motion will be denied if there is substantial evidence in the record to support verdict for non-movant, viewing all evidence in light most favorable to non-movant
Claim Preclusion
Three Requirements
1. P and D are sufficiently identical in lawsuit 1 and 2
2. Lawsuit 1 ended in valid final judgment on the merits, and
3. Claimant is asserting same claim as in lawsuit 1
Same claim:
1. Arise from same transaction/occurrence or series of transactions/occurrences, or
2. Could have been raised in first action because claim existed and could have been joined
Issue Preclusion
Four Requirements:
1. The same issue was actually litigated
2. Final valid judgment on the merits
3. Issue was essential to the judgment, and
4. Party against whom issue preclusion is asserted must have been a party in prior suit or successor in interest
