Civil procedure Flashcards
When do you have to give demand for jury trial by?
Within 14 days after last pleading, including the answer.
General verdict vs special verdict
General decides overall case, special jury decides issue of facts rather than overall case.
What happens if jury answer is inconsistent with their verdict? What about if the specific answers are inconsistent with each answer?
Judge can 1) ask jury to reconsider, 2) order a new trial. If consistent then can order consistent with answers.
In a bench trial, must a judge state findings on the record?
Yes, it may be written or oral. Does not have to be written.
Can you appeal a judges finding of fact in a bench trial?
Yes, and he can be the judge.
What happens when you’re not sure which court rule to use if suit about property?
You use the law where property is located. If the suit is not about interest in the property, you can use the rule of the state with the most significant relationship to the case.
When is a subpoena valid?
A subpoena is valid when (1) contains contents req’d by fed court; (2) signed and issued by court clerk or attorney authz to practice law where the action is pending and (3) properly served.
Must there be notice for a class action?
Notice for class action must provide adequate notice under the circumstances bc they have a right to opt out. If you receive notice but fail to opt out, you cannot pursue a subsequent suit. If there’s a technical error of some kind and you had no chance to opt out, you can file suit again.
What are sanctions for non compliance?
Sanctionable conduct: Failure to attend pre trial conf, unprepared for conf, no good faith particip in conf, failure to obey pre trial order;
if any of above, pay reasonable expenses unless justified + can also DSHIP (dismiss in part or whole, strike pleading in part or whole, hold in contempt, issue default, prohbit use of evidence, stay further proceedings. Dismissal is reserved for a pattern of disobedience.
When do you quash a subpoena?
Quash subpoena = stop it somehow. Required to quash: protected matter, geographic, time, undue burden;
may quash if expert or trade secret. Subpoena is only for non parties.
FRCP Rule 11 Sanctions and procedure?
When sanction for rule 11 (due to frivolous law suit) after serving motion, must wait 21 days before filing.
Sanctions for rule 11= fine to court, pay def attorney fees, strike pleading, disciplinary authorities.
What is required after filing a motion to compel?
Motion to compel requires certification of good faith conferral, and can be filed where action is pending or where discovery is taking place. (confer or conferral with other attorney in good faith).
Are judgments stayed?
Yes, Judgments are stayed for 30 days post final judgment.
Stay doesn’t apply to injunctions and accounting in patent infringement. Everything else, such as damages, must be stayed.
What are the rules when requesting ESI?
Request must describe item in particular, reasonable time/place of production, MAY specify form of ESI (if requested in form must be provided in the requested form).
Production: must produce as how usually kept or organize/label, same form and doesn’t have to provide same esi in more than 1 form.
What’s the timeline for requesting ESI?
Timeline: Request for ESI -> not produced -> Motion to compel -> burden shifts to producing party, they must show undue burden or cost -> burden shifts again, requesting party must show good cause for production.
Can you use pleadings for basis of basis for genuine issue of material fact?
No
What is extraordinary relief?
Extraordinary relief from judgment is permitted within 1 year for mistake, newly discovered evidence, fraud;
Also allowed relief within reasonable time for other reasons justifying relief.
