Civil Procedure Flashcards
Compulsory Joinder
The process of joining necessary parties or claims to a single suit, without which the suit could not proceed
When to join an absent party
- When they are necessary/indispensable because complete relief cannot occur without them
And/or - 3rd party has an interest in the subject matter of the suit, and he must be present to adequately protect his interest
Compulsory counter claim
Arises out of the same transaction or occurrence as one of the plaintiffs claims, and it must be pleaded or the party will be barred from bringing it in another action
Amending complaints
FRCP 15 does not provide ANY clear date when amendments are no longer permissible, although the later the amendment the less fair and less likely to be considered in the interest of justice
Claim may be considered to “relate back” to the date the original pleading was made
Sanctions on attorney
In signing a pleading an attorney represents among other things that he has made a reasonable inquiry into the factual and legal grounds for the pleading
Can be sanctioned for what could have been easily discoverable (ex. Statue of limitations violation)
Appeals to motions
These are interlocutory orders and not final judgments. No immediate right to appeal.
Can be reviewed prior to a final judgment only if the trial court certified it for immediate appeal and the appellate court in its discretion agrees to hear the appeal
Compelling Discovery on a non party
A party May serve on a nonparty a subpoena that compels to produce physical material relevant to the pending action
Compelling discovery on a party
On showing of good cause the court can order disclosure of any information that is relevant to the subject matter of the current litigation
If fail to comply with the order: sanctions and pay reasonable costs in making the motion
Is a Temporary Restraining Order (TRO) immediately appealable?
Generally a TRO is not appealable and is only valid for 14 days
A TRO becomes appealable when it is extended. This makes it become an injunction and therefore immediately appealable.
Ex: a 30 day extension of a TRO is equivalent to an appealable preliminary injunction
Enactment of laws process
Laws are enacted by Congress
Requires the passage of laws in both houses (Bicameralism)
And approval by the President (presentment)
OR an override of a presidential veto
Expenditures proposed by congress must be approved by
Congress and the President
Rule 56 d authorizes the nonmovant of a summary judgment motion to ask the court to
Defer action or deny the motion to allow time to obtain affidavits or declarations or to take discovery
If the nonmovant shows need of unavailable facts
