Civil Procedure Flashcards
1
Q
What power(s) must a court have for a Plaintiff to bring a case? Over whom and over what must the court have such power(s)?
A
To bring their case, a plaintiff must find a court that has power over the defendant(s) (“personal jurisdiction”) and power over the type of case (“subject matter jurisdiction”), and the location (“venue”) must be proper.
2
Q
What are the types of Personal Jurisdiction?
A
In personam: The forum has personal jurisdiction over the defendant.
In rem: The forum has power to adjudicate rights of all persons as to a particular item of property (the defendant not personally bound).
Quasi in rem (two types): (1) court adjudicates rights of parties in property based on property being in forum; close connection between case and property provides minimum contacts; (2) court attaches property to bring defendant into forum on unrelated claim; defendant must have minimum contacts with forum.
3
Q
Most, if not all, states authorize jurisdiction over a defendant in what circumstances?
A
STATUTORY PART OF 2-STEP ANALYSIS
(1) Is present in forum state and personally served with process therein;
(2) Is domiciled in forum state;
(3) Conducts systematic and continuous business in the state such that the defendant is “essentially at home” therein;
(4) Consents to jurisdiction; or
(5) Commits an act covered by the long arm statute.
4
Q
What is the general framework for a personal jurisdiction analysis?
A
(1) Does PJ fall within a statute?
(2) Does PJ satisfy the Constitution?
5
Q
On the exam, if a PJ analysis is required and there is no statute provided, what should you do?
A
For the first step, indicate that a statute is required for the state to exercise PJ and assume that that step is met.
6
Q
What is the constitutional question for PJ over a defendant? What are the factors/steps in this constitutional analysis/requirement?
A
Does the defendant have such minimum contacts with the forum so that jurisdiction does not offend traditional notions of fair play and substantial justice?
3 Factors/Steps: Contacts, Relatedness, and Fairness.
7
Q
What makes up the “Contact” Factor of the Constitutional PJ test? What is needed to satisfy it?
A
Contact(s) result from Purposeful Availment and is/are Foreseeability.
- Purposeful Availment: Purposeful Availment means that the contact between D and the forum state must result from her voluntary act (results from her targeting the forum in some way–causing an effect in the forum; marketing a product; using the roads; Sending a tortious email; etc.).
- Foreseeability: Foreseeability means that D should have known or reasonably anticipated that her activities in the forum made it foreseeable that she could get haled to court there.
8
Q
What makes up the “Relatedness” Factor of the Constitutional PJ test? What is needed to satisfy it?
A
If P’s CLAIM is RELATED to D’s CONTACT with the FORUM, a court is more likely to find that jurisdiction as to that claim (SJ) is fair and reasonable.
P’s claim ARISES FROM or RELATES TO D’s contact with the forum (P’s harm was CAUSED by D’s contact with the forum). If D has substantial contacts with the forum, relatedness is satisfied if the claim merely relates to D’s contacts with the forum.
- Yes –> Specific PJ
- No –> If P’s claim is unrelated to D’s contact with the forum, the court must have General PJ over the defendant.
9
Q
What happens if relatedness is satisfied in the PJ analysis? What if it’s not satisfied?
A
If the “arise out of or relate to” test is satisfied, the case will be assessed for specific PJ (move on to the fair or reasonable analysis). If the test is NOT satisfied, the only way to proceed is with general PJ. If general PJ exists, then D can be sued in the forum on a claim that arose anywhere in the world.
10
Q
What makes up the “Fairness” Factor of the Fair (or Reasonable) Constitutional PJ test? What is needed to satisfy it?
A
Along with Relatedness, when determining whether Specific Jurisdiction is appropriate for D, the court will consider the following Fairness Factors:
(1) The BURDEN ON D and witnesses (D must show that the forum is so “gravely difficult and inconvenient” that it puts her at a “severe disadvantage”–relative wealth is a factor, but not determinative);
(2) FORUM STATE’S INTEREST in providing redress for its citizens (EX: state wants to protect its citizens);
(3) P’S INTEREST (EX: injured and cannot travel);
(4) the interstate judicial system’s interest in EFFICIENCY; and
(5) shared interest of states in furthering SOCIAL POLICIES.
- [THIS IS ONLY FOR SPECIFIC PJ]
11
Q
What is needed to establish General Personal Jurisdiction over a defendant?
A
Person:
- “At home” in the forum. The one state where he has a domicile.
- Served with process in the forum while voluntarily there (“tag jurisdiction”).
Business:
- Registered to do business in the state and appointed an agent for service of process there. Assumes that state law authorizes general PJ on that basis (rare).
- Must be “at home” in the forum. (1) the state where it is incorporated; (2) the state where it has its Principal Place of Business (PPB). The PPB is where the business has its “nerve center.”
12
Q
What is the constitutional standard for Notice? What documents are needed for process?
A
D is entitled to Notice. Notice must be reasonably calculated under all the circumstances to apprise the interested parties of the action.
- Process: (1) Summons: The formal court notice of suit and telling D when to respond; (2) Copy of the Complaint.
[On bar exam, notice means service of process]
13
Q
Who can serve process in federal court?
A
Any person who is (1) at least 18 YEARS OLD and (2) NOT A PARTY to the action.
- Do not need to be appointed by the court.
14
Q
How long does P have to serve process in the US?
A
Service must take place within 90 days of filing the complaint (can be extended for good cause).
15
Q
How can process be served on an individual? (what are the options?)
A
Options:
- Personal Service (in-hand delivery - anywhere).
- Substituted service at D’s USUAL ABODE on someone of SUITABLE AGE AND DISCRETION who RESIDES THERE.
- Service on Agent (as long as it is within the scope of that agency).
- State Law Methods (methods from both the state where the federal court sits and where service is to be made are fine).
16
Q
How can process be served on a business organization? (what are the options?)
A
- On an officer or agent (EX: president; treasurer; secretary)
- State law methods (methods from both the state where the federal court sits and where service is to be made are fine)
17
Q
What considerations are applied when service is made on a minor or incompetent?
A
It can be done only by methods permitted by state law (only the state where the service is made).
18
Q
What is a method for service allowed by international agreement?
A
- Method that American courts tell you.
- Method allowed by foreign government law.
- Method directed by a foreign official in response to a letter of request (from American court).
- Personal Service in the foreign country (unless prohibited by foreign country’s law).
[Subject to the Constitutional standard]
19
Q
Can service of process be waived? If so, then how? Does this waive anything else?
A
P mails to D a notice and request to waive service. Must include copy of complaint, 2 copies of a waiver form, and a pre-paid means of return. If D executes and sends the form back to P within 30 days (60 if D is outside the US), then she has waived formal service of process. P will then file that waiver in court.
NOTE: This does not waive a PJ defense.
- Can be used for individuals and businesses.
20
Q
If D waives service of process, then when is D considered to have been served with process?
A
On the day that P files the waiver with the court.
21
Q
Why might D accept a waiver of service of process?
A
There is a penalty if you don’t. If D does not have good cause for failing to return the waiver form, they must pay the cost of the service.
22
Q
Where (in terms of state-boundaries) may process be served?
A
Within the state in which the federal court sits and outside that state if state law allows.
[Same analysis as with PJ]
23
Q
What result when a defendant is appearing in another case while a plaintiff is attempting to serve them with process?
A
D is immune from process while appearing in another case.
24
Q
Can you serve non-service of process documents by email?
A
Yes, if the other party agrees.
25
What is subject matter jurisdiction?
Subject Matter Jurisdiction is a court's power over THE CASE.
[NOTE: SMJ cannot be waived!]
26
What kinds of cases can a state court hear?
A state court can hear ANY CASE with few exceptions.
27
What are the types of cases that federal courts can hear?
- Federal Question: The CLAIM must arise under federal law (Well-Pleaded Complaint Rule: "is the plaintiff enforcing a RIGHT under a federal law?" Yes --> federal court).
- Diversity: (1) citizens of different US states (Complete Diversity: no P from same state as D) OR between a citizen of a US state and a citizen of another country (Alienage Jurisdiction); (2) the amount in controversy must EXCEED $75,000.
28
When is diversity jurisdiction determined?
It is determined when the case/claim is filed.
29
Can a non-US citizen be considered a US citizen for Diversity SMJ purposes if they are domiciled in the state?
No.
30
What is the exception to diversity jurisdiction in the case of an alien citizen?
Jurisdiction is withdrawn if a non-US citizen who is a permanent resident of the US is domiciled in the same state as an adverse party.
31
What is the citizenship of a natural person?
It is their state of domicile.
- There can only be one domicile.
- It is retained until changed.
32
How does a natural person change their domicile? What are the relevant factors?
To change their domicile, a natural person must have (1) physical presence in a new place AND (2) subjective intent to make the new place their domicile for the foreseeable future. Courts look to ALL RELEVANT FACTORS that show intent to make it their home.
33
What is the citizenship of a corporation?
A business is the citizen of (1) any state in which it is incorporated AND (2) ONE state in which it has its Principal Place of Business (PPB). The PPB is where the corporation's managers direct, coordinate, and control the business.
34
What is the citizenship of an unincorporated business association?
An unincorporated business association takes on the citizenships of all of its MEMBERS (EX: partners/owners/LLC members).
35
What result for citizenship in a diversity case when there are defendant limited partners (in a limited partnership) that are residents of the same state as the plaintiff?
In a limited partnership, a partnership is deemed to be a citizen of every state in which every partner--both general and limited--has their personal residence.
36
What is the citizenship of a representative of decedents, minors, and incompetents?
The representative takes on the citizenship of the decedent, minor, or incompetent.
37
What goes into the $75,000+ required for SMJ?
Only the claim itself is considered. Litigation costs and interests on that claim is not included (prejudgment interest that would result from a delay in payment because of litigation--suing to recover interest is okay).
- Good faith allegation by P usually controls unless it's clear to a legal certainty that $75,000+ isn't possible.
38
What is required for the Aggregation of Claims?
Aggregation means adding 2 or more claims to meet the required amount needed for diversity SMJ.
A single P may aggregate all of her claims against a single D without the claims being related (but multiple Ps cannot do this).
39
What is the aggregation rule for joint claims?
For joint aggregation claims, look to the total value of the claim. There is no aggregation--no adding anything.
- If the word "joint" is there, then this applies on the bar exam!
40
How is the amount in controversy determined for claims for equitable relief?
2 Tests. If either is met, courts will usually find the amount in controversy requirement satisfied.
- Plaintiff: If the relief were granted, would it have a value of $75,000+ for P?
- Defendant: If the relief were granted, would it cost D more than $75,000+ to comply?
41
What are the diversity jurisdiction exclusions?
Federal courts decline actions for divorce, alimony, child custody, and probate.
42
Can P change their citizenship after a cause of action has accrued but before the claim has been filed?
If there is a genuine change of citizenship, then that's fine even if that was the motive. However, if there's collusive creation of diversity (through a sham transaction), the transaction will be ignored and there will not be diversity.
43
What is Removal? What is Remand?
Removal: A procedure allowing D to move the case from state to federal court.
Remand: Sending back to state court.
44
When can a defendant remove a case to federal court?
Removal is available to D when a case filed in state court could have been brought in federal court and the Diversity OR Federal Question requirements are met.
- For Diversity, if any D is a citizen of the forum state, SHOULD NOT be removed.
45
What is the procedure for removing a case to federal court? Where should the document announcing removal be filed? What is the timing for Removal?
Notice of Removal: D files a notice of removal in federal court (all Ds must consent to the removal). The notice of removal should be filed in the federal district court for the district that GEOGRAPHICALLY ENCOMPASSES the state court from which the action is being removed.
- States grounds for removal
- State/Federal Court permission is not required to file the notice.
- D must attach all documents served on her.
- Serve the notice of removal on adverse parties.
- File a COPY of the notice of removal in state court.
Timing of Removal: D must remove NO LATER THAN 30 DAYS after service of the first paper showing that the case is removable (usually service of process, which includes a copy of the complaint). New D being added restarts the 30-day period.
46
Who must join in a Removal from state to federal court? How long do parties have to Remove a case?
All Ds served with process must join. Earlier-served Ds may join later-served Ds Removal even if their 30-day period has expired.
47
Can P Remove a case to federal court if D files a counterclaim?
No, they are not a defendant for purposes of removal.
48
What types of cases can be removed?
- Starting point is always that SMJ is met.
- If removing on the basis of DIVERSITY, then Removal SHOULD NOT be allowed if (1) D is a CITIZEN OF THE FORUM STATE OR (2) if MORE THAN ONE YEAR has passed since the case was filed (remember that you have 30 days initially to actually Remove the case--this is an additional limitation).
[NOTE: The one-year restriction does not apply if D can show that the non-diverse D was originally joined to prevent removal]
49
What Venue may a case be Removed to?
The case must be removed to a federal court geographically EMBRACING the state court (it doesn't matter if the venue is not proper under venue statutes).
50
What is Remand and what is the procedure/timing for Remand?
If P believes that the case should not have been Removed to federal court, she can remand.
- If there is a defect other than lack of SMJ (EX: the D-home-state removal exception), P must move to remand within 30 days.
- The 30-day limit does not apply if the federal court doesn't have SMJ (lack of SMJ is never waived).
51
What law should be applied when the P's and D's state residencies differ, P is suing D in federal court in D's home state, and the claims arise from different states than those 2 states?
Federal courts apply the state law that would be applied by the courts of the state in which the federal court is located (would be D's home state's law).
52
What is Supplemental Jurisdiction? What is the general framework?
It is a form of SMJ--applied when diversity and federal question fail. It gets claims into a federal case even though the individual claims cannot on their own invoke diversity or federal question.
(1) Anchor: Must have a case already in federal court (via diversity or federal question).
(2) Common Nucleus Test: The new claim must share a common nucleus of operative fact with the claim that is already in federal court (the anchor claim).
- Always satisfied when it arises out of the same transaction or occurrence.
- In DIVERSITY cases, claims by plaintiffs generally cannot invoke supplemental jurisdiction. There is one exception that applies when (1) there are multiple Ps and (2) the claim by one of them doesn't meet the amount in controversy requirement (very limited).
53
When does a federal court have discretion to reject a supplemental jurisdiction claim?
- The claim upon which federal SMJ is based (anchor) is DISMISSED EARLY IN THE CASE (probably dismissing in this case).
- The claim is COMPLEX or WOULD PREDOMINATE in the case.
- The claim raises a novel or complex state law issue
- Other compelling reasons.
54
What is the basic rule of the Erie Doctrine?
A federal court in a diversity case will apply federal procedural rules, but the substantive law of the state in which it sits.
55
What is the approach to applying the Erie Doctrine?
(1) Is there a federal law on point that directly conflicts with state law?
- If so, apply the federal law as long as it's valid. If it's a FRCP, it's presumptively valid if it's arguably procedural (which FRCP usually are).
(2) If there's no federal law on point, then the federal judge MUST APPLY STATE LAW to the issue if that LAW IS SUBSTANTIVE.
- Clearly Substantive: (1) Conflict of choice of law rules; (2) Elements of a claim or defense; (3) Statutes of Limitations; (4) Tolling of Statutes of Limitations; (5) Standard of granting a new trial because the jury's damage award was excessive or inadequate.
(3) If there is no federal law on point and if the issue is not clearly substantive, then the federal judge must decide whether the issue is substantive.
- Messy law on this.
- FACTORS: Outcome determinative (would applying or ignoring the state rule affect the outcome of the case? Yes --> state law); Balance interest factors (does either the federal or state system have a stronger interest in having its rule apply? Yes --> that law); Avoid forum shopping (if the federal court ignores state law on this issue, will it cause parties to flock to federal court? Yes --> state law).
- Deciding whether the federal substantive law is more appropriate to be applied (if it exists!).
56
What are the Erie rules regarding common law?
There is no GENERAL federal common law. So, the general common law of torts, contracts, and property is state law, and federal courts must apply that state substantive law in a diversity case. However, there are areas in which federal courts are free to make up common law on their own--where states can't make their own common law (EX: International relations, admiralty, disputes between states, the right to sue a federal officer for violating one’s federal rights).
57
Where can Venue be laid?
P may lay venue in any federal district where (1) all Ds reside (or in any district where a D resides if all Ds reside in the same state) OR (2) a substantial part of the claim arose (or a substantial part of the property involved in the lawsuit is located).
- More than one district can satisfy the "substantial part" requirement.
FALLBACK (if 1 and 2 don't work): (3) Any district where D is subject to PJ for that action.
58
What does reside mean for individuals and businesses when determining Venue?
Individual: Reside for an individual means where the individual is domiciled.
Business: Reside for a business means each district where the business has sufficient contacts to justify PJ with respect to the action.
59
What does transfer mean for venue purposes? What is the proper terminology for the courts involved in the transfer?
Transfer is when a case goes from one trial court within a judicial system to another trial court within that same judicial system. The transforee must be a proper venue and must have PJ over the defendant.
- Transforer --> transforee
60
Can venue rules be waived for transfer purposes?
Generally not, but a court can transfer the case to any district (even an improper venue) if all of the parties consent and if the court finds cause for the transfer.
61
In a transfer in which the original venue is a proper venue, under what circumstances can the court order the transfer?
If the original district is a proper venue, that court can order transfer based on convenience of parties and witnesses and in the interests of justice. Because transfer overrides the plaintiff’s choice of forum and the plaintiff chose a proper venue, the burden is on the person seeking transfer (usually the defendant) to show that the transfer is proper. The court will consider both public and private factors to determine whether another court is the center of gravity for the case.
- Public: what law applies; what community should be burdened with jury service; the desire to keep a local controversy in a local court; etc.
- Private: The court considers convenience (EX: where witnesses and evidence are).
62
In a transfer in which the original venue is a proper venue, what are the choice of law rules?
The transferee court must apply the choice of law rules of the transferor court. However, if transfer is to give effect to a valid forum selection clause, then the transferee court applies its own choice of law rules.
Forum selection clause in federal court transfer:
- Ordinarily enforced if not unreasonable.
- Only public interest factors are considered (non-enforcement unlikely).
63
In a transfer in which the original venue is improper, what are the potential-transferor court's options?
If the original venue is improper, then the court can either transfer (if in the interest of justice) or dismiss. If transferred, then the choice of law rules do not travel with the case (the transferee court will apply its own rules).
- The court will usually transfer if possible.
64
What is Forum Non Conveniens and when does it apply?
Forum Non Conveniens applies when the venue in which the case was filed is a proper venue, but the center of gravity in the case is in another judicial system, however, because it's in another judicial system, the current court cannot transfer the case (general transfer rules). Forum Non Conveniens is determined based on the same public and private factors as with the original proper venue transfer analysis to determine center of gravity, and includes the consideration of whether the other forum is "adequate."
- Public: what law applies; what community should be burdened with jury service; the desire to keep a local controversy in a local court; etc.
- Private: The court considers convenience (EX: where witnesses and evidence are).
- Adequate: The other court must be available and “adequate.” Generally, it's adequate unless you'll get no remedy at all in the other court.
If Forum Non Conveniens applies, the current court can either stay the case (halt it so nothing happens) or dismiss it.
65
Is correctness of venue automatically considered to be waived without a timely objection?
Yes, Venue is considered to be waived unless a timely objection (in a pre-pleading motion or, where no such motion is made, in the answer) is made to the improper venue.
66
Can venue be waived?
Yes, unlike SMJ, venue can be waived.
67
What are the requirements for the contents of a complaint in federal court?
The complaint must contain the following:
(1) The grounds for SMJ (doesn't need to allege grounds for PJ or venue!)
(2) A short and plain statement showing P is entitled to relief
- Sufficient facts to support a PLAUSIBLE CLAIM. To determine plausibility, the judge uses their own reason and common sense.
- Claims dealing with Fraud, Mistake, or Special Damages will require greater detail or specificity.
(3) Demand for relief
68
What are a defendant's general options for a Response in federal court once the plaintiff has filed a claim? What is the timeline?
D must respond by motion OR by answer to avoid default.
- Must do one of these no later than 21 days of service of process (or 60 days if they waived service).
69
What is a Motion? What types are there?
A request for a court order.
Types:
- A motion for a more definite statement (complaint too ambiguous) (rare).
- Motion to strike (take out redundant or immaterial things in a pleading--can be from either P or D).
- Motion to dismiss (Waived if not in first Rule 12 response: lack of personal jurisdiction; improper venue; improper process; improper service of process) (Not waived: failure to state a claim; failure to join an indispensable party)
70
What is needed for a defendant's Answer in federal court?
An "Answer" / Pleading
3 Options:
- Admit (some or all)
- Deny (some or all). If you fail to deny, then you're admitting it.
- Lack sufficient information (some or all). Has effect of denial, but if it's in your control you have to find it and then admit or deny.
Raise affirmative defenses.
- May be waived if not asserted in the answer.
71
Can a party amend a pleading by way of right?
By Plaintiff:
- P has a right to amend her complaint once, no later than 21 days after D serves his first Rule 12 response.
By Defendant:
- D has a right to amend his answer once, not later than 21 days after serving it.
72
What if a party fails to amend their pleading by way of right?
After the time to amend expires, a party can amend their pleading (1) with court permission (if justice so requires: usually can amend unless delayed to long, will prejudice the other party, or the amendment would be futile) or (2) with the other party's consent.
73
What analysis if a party wants to amend a pleading to raise a claim not originally asserted? How is an amended pleading treating for purposes of filing date?
If the claim in the amended pleading relates back to the original pleading (same transaction, conduct, or occurrence), then it can be included by way of amendment. The amended pleading is treated as if it was filed on the date that the original pleading was filed on (avoids SOL problem).
74
What analysis if a plaintiff wants to amend a pleading to change a defendant?
Requirements: (1) Amendment concerns the same conduct, transaction, or occurrence as the original claim; (2) D had such knowledge of the case that she won't be prejudiced by it (the knowledge must have come within 90 days of the filing of the complaint); and (3) D knew or should have known that but for a mistake by P, D would have been named originally.
- Only hypo: P sued the wrong person and proper D knew about it.
75
What is a supplemental pleading? What rights do parties have regarding supplemental pleadings? Is a court required to accept the pleading?
Supplemental pleadings set forth things that happened after the pleadings were filed. There is no right to file a supplemental pleading--you must make a motion and accepting that is solely in the discretion of the court to accept that supplemental pleading.
76
What documents does Rule 11 apply to? What if Rule 11 is violated?
Rule 11 applies to all papers in federal court except for discovery. If violated then the court can apply sanctions sua sponte (and this is to deter--not to punish). The sanctions can be applied to the lawyer, the party, the lawyer's firm, or any combination thereof. However, the court must give the accused party the opportunity to respond.
77
What is a party certifying when they sign documents or present their position to the court (recertification)?
[Rule 11] Parties are certifying that, to the best of their knowledge and belief after reasonable inquiry, the following are true:
- Paper not presented for an improper purpose.
- The legal contentions are warranted by law or there's a good argument that the law should be changed.
- The factual contentions and denials have evidentiary support (or are likely to after further investigation).
78
What is the procedure for a party seeking Rule 11 sanctions against another party?
Safe Habor provision: The party seeking sanctions must serve the motion on the opposing party, and the opposing party must be given 21 days to fix the problem. If the other party fixes the problem, you can't file the motion, but if he doesn't then you can.
79
What is the rule for P joining her claims against D?
P may join as many claims as P has against D (even if they're unrelated to the original claim) as long as there is SMJ over the claim.
80
When there are multiple Ps or multiple Ds, when can multiple Ps and/or Ds be joined together in the same trial?
JOINDER.
Multiple Ps and/or Ds can be joined together if (1) their claims arise out of the same transaction or occurrence and (2) raise at least one common question of law or fact.
81
How does a court determine whether there's a necessary and indispensable party that must be joined to the case?
(1) Is the absentee (nonparty) necessary/required? No --> No Joinder
- 3 tests for "necessary": (1) Can complete relief be accorded among the existing parties? (2) Will the absentee's interest be harmed? (MOST LIKELY) (3) Will D be subject to multiple or inconsistent liability?
- Joint tortfeasors are not necessary.
(2) If necessary, can the absentee be joined?
- Joinder feasible if (1) there's PJ over the absentee and (2) there's SMJ over the claim by or against the absentee.
(3) If necessary but cannot be joined, should they proceed or dismiss the case? (rare)
- Factors: (1) alternative forum available; (2) actual harm to absentee is likely; (3) court can shape relief to avoid any harm.
- Being indispensable is a 12(b) motion for dismissal.
82
How long does P have to respond to a counterclaim?
Within 21 days of service of the counterclaim.
83
What are the kinds of counterclaims?
(1) Compulsory Counterclaim: arises from the same transaction or occurrence. If the case moves beyond the dismissal stage and D fails to assert the counterclaim, they lose the right to assert it.
(2) Permissive Counterclaim: does not arise from the same transaction or occurrence. D is not required to raise this claim (doesn't lose it), so D can sue in a separate case.
- NOTE: there must be SMJ over the counterclaim.
84
What is a crossclaim and what are its requirements?
A crossclaim is a claim against a co-party. It must arise from the same transaction or occurrence as the underlying action. It is permissive and can be asserted in another case.
85
What is an impleader claim? Is it compulsory or permissive? What is the timeline for filing these?
An impleader claim is when a party (the third-party Plaintiff) brings in a third party (third-party Defendant) to shift the liability that D will owe to P ("if I'm liable, then you're liable to me for what I have to pay"--not, "I'm not liable, it's the 3rd party that's liable").
- These claims are usually for indemnity or contribution.
- Impleader claims are always permissive.
- Can file within 14 days as a matter of right, and after that by motion.
86
How is an impleader action done?
Party files third-party complaint and has the complaint formally served on the third-party defendant (TPD). After TPD is joined, the TPP and TPD can assert claims against each other as long as they arise from the same transaction or occurrence (so long as they have SMJ).
87
What is an intervention? What is the timing for this?
A third party choosing to come in to assert or defend a claim. The application to intervene must be timely. Intervention can be of right or permissive. The intervenor's claim must have SMJ.
- Intervention of right: The absentee's interest may be harmed if she is not joined and if that interest is not adequately represented by the current parties (same test as with necessary parties).
- Permissive Intervention: The absentee's claim or defense and the pending case have at least one common question of law or fact. Court has discretion (usually allowed unless will cause delay or prejudice).
88
What is an interpleader?
[NOT TESTED A LOT] Interpleader applies if separate actions might result in double liability against a stakeholder. An interpleader suit permits a person/stakeholder to require two or more adverse claimants to the stake to litigate among themselves to determine which, if any, has the valid claim to it.
2 types:
- Rule 22 interpleader requires (1) complete diversity between the stakeholder and all adverse claimants and in excess of $75,000 in issue, or (2) a federal question claim. Normal service and venue rules apply.
- Statutory interpleader requires only diversity between any two contending claimants and $500 be in issue. Service may be nationwide and venue is proper where any claimant resides.
89
What are the requirements for a class action suit?
(1) Numerosity: Are there too many for the parties to merely be joined as co-plaintiffs (would it be too cumbersome?)?
(2) Commonality: There must be something in common to all of the class members so that deciding the issue will decide something for everyone ("in one stroke").
(3) Typicality: The class rep's claims must be typical of the claims of the class members.
(4) Adequate representative: The representative must fairly and adequately represent the class.
The Class Action must also be one of 3 types (other flashcard).
SMJ must be met--but for diversity, only the class rep's citizenship is considered and only her amount in controversy matters (the rest is ignored).
90
What are the types of class actions?
After satisfying the 4 requirements for class actions, one of the following must apply:
- Type 1 / Prejudice / Risk of inconsistent results: Class treatment is necessary to prevent harm or prejudice either to the class members or to the non-class parties (very rare).
- Type 2 / Injunctive or Declaratory Relief Appropriate: D treated the class members alike. Ps in this type cannot seek damages [more likely on exam].
- Type 3 / Common Questions Predominate and Class Action is Superior to Other Methods of Adjudication: must show that (1) common questions predominate over individual ones and (2) the class action is the superior method for handling disputes [most likely on exam]
[SEE CHART ON PAGE 66 OF CMR]
91
What must a court do when making a class action determination? What are the notice and opt-out rights of the class members?
If the case meets the four initial requirements and the Type requirements, the court must certify the action. If it does, (1) the court must also define the class, claims, issues, and defenses, (2) the court must appoint class counsel, and (3) certification is immediately appealable (for 14 days after certification/denial).
- If it's a type 3 class action, the court must NOTIFY the class members that they are in a class (individual notice--paid for by the rep--to all reasonably identifiable members).
- No right to opt out of a class type 1 or 2 action--only type 3. For type 3, need to get feedback from class members.
92
For purposes of diversity jurisdiction, how is citizenship determined for the people bringing the class action?
The domiciles of the named class members are used for determining whether diversity of jurisdiction exists.
93
How does CAFA work?
The Class Action Fairness Act allows a federal court to hear a class action if: (1) there are at least 100 members; (2) any class member is of diverse citizenship from any D; and (3) the aggregated claims exceed $5 million.
- Any D may remove the case from state to federal court.
- Local classes (most class members and primary Ds are citizens of the same state) will stay in state court.
94
What are the required initial disclosures in a case?
- The names, numbers, and addresses of people likely to have discoverable information that the disclosing party might use to support claims or defense.
- Documents (ESI and tangible things) if they might be used to support claims or defenses. (VERY BROAD)
- Computation of damages
- Insurance coverage
95
Over what kinds of things may be discovery be had?
Discovery may be had over any non-privileged matter that is relevant to any party's claim or defense (including individuals with knowledge of any discoverable matter).
96
What is the penalty for failure to disclose information prior to a trial? What result for attorneys fees?
If a party fails to disclose material that is required to be disclosed, then that party cannot use the undisclosed material in the case unless the failure to disclose was substantially justified or harmless.
- If the requesting attorney has attempted in good faith to resolve the dispute, the court must order the other party to produce the evidence and to pay the requesting party's reasonable costs in making the motion, including attorney's fees. Costs will be awarded unless: (i) the movant filed the motion before attempting in good faith to obtain disclosure or discovery without court action; (ii) the opposing party's nondisclosure, response, or objection was substantially justified; or (iii) other circumstances exist that make an award of expenses unjustified.
97
Must consulting experts be disclosed in discovery?
Consulting experts need not be disclosed absent exceptional circumstances.
98
What experts must be disclosed and which don’t need to be disclosed? What expert reports must be disclosed?
The identify and written reports prepared by testifying experts must be disclosed.
- Must include opinions, bases for the opinions, facts used to form those opinions, and how much the expert witness is being paid.
- Only need to disclose the final draft of expert reports. Drafts are protected as work product.
99
What is the consequence of failing to disclose the material required for a testifying expert witnesses?
If a party fails to disclose, then they can't use the expert's testimony unless the failure to disclose was substantially justified or harmless.
100
What are pretrial disclosures and when are they required?
No more than 30 days before trial, the parties must give detailed info about their trial evidence (identities of testifying witness; documents; other things intended to be introduced at trial).
101
When can parties send disclosure requests to each other?
Not until after the Rule 26(f) conference (except for requests to produce).
102
Who bears the cost of responding?
The responding party.
103
What are depositions?
Depositions are recorded live testimony of parties or non-parties, under oath, given in response to questions by counsel. They can be used to get information from a non-party. Witnesses simply testify from present recollection.
104
How can a party compel someone's appearance at a deposition?
- Non-parties must be served with a subpoena.
- For parties, a notice of deposition is sufficient.
105
Can a party compel a non-party's production of physical material(s)? If so, how?
Yes, a party may serve on a nonparty a subpoena that compels the nonparty to produce physical material, including documents and electronically stored information, relevant to the pending action.
106
What is a Subpoena Duces Tecum?
It is a subpoena requiring the deponent to bring material to the deposition.
107
How far can a deponent be required to travel?
The farthest a deponent can be required to travel is 100 miles from where they reside or are employed.
108
When an organization is deposed, what is the process?
The organization is noticed (serve the notice of deposition) and then the organization designates the proper person to be deposed.
109
What are the limits on depositions?
Unless the court orders or parties stipulate otherwise:
- There can be no more than 10 depositions per party
- A party cannot depose the same person twice
- A deposition cannot exceed one 7-hour day
110
Can depositions be used as actual evidence in court?
Yes, if the deponent is unavailable at the time of the trial.
111
If a deponent is asked an objectable question but the other attorney fails to object and the deposition is used as evidence at trial, does the other attorney have a new opportunity to object?
No, the objection is considered waived.
112
What result when, during a deposition, one party objects to another party's questioning but that other party insists upon the witness answering the question? Are there any options available to the witness's attorney? What about for the questioning party?
The witness's attorney can instruct the client not to answer the questions and move for a protective order. A person from whom discovery is sought by means of a deposition may move for a protective order in the court in the district where the deposition is taken.
NOTE: If the motion for a protective order is granted, the court may require the party opposing the motion to pay the moving party's reasonable expenses, including attorney's fees.
113
What are interrogatories? To whom are they sent? How many are allowed and how long is there to respond?
Written questions to be answered in writing under oath. They are only sent to parties (not to non-parties). The maximum number (absent court order or stipulation) is 25, and they must be responded to within 30 days of their service.
114
How are parties expected to respond to an interrogatory?
A party must use the information reasonably available to them. If the answers to the interrogatories can be found in business records and the burden is about the same for the parties, then the responding party can just allow the requesting party to have access to the records.
- 30 days to respond.
115
What are contention interrogatories?
Contention interrogatories are interrogatories that inquire about the other party's legal contentions.
- Can ask about legal matters here.
116
What is a request to produce? How can the other party respond?
A request to produce asks a party (not non-party) to make available for review and copying documents and things or to permit entry to designated property.
- Must be produced in the copy that the requesting party specifies--the other side may object.
The other party must respond within 30 days, and must either state that the material will be produced or assert objections of why they cannot be produced.
117
What are the requirements for medical exams as part of discovery?
For medical exams, a court order is required to compel a party or a person in the party's custody or control to submit to a medical exam. To get, must show: (1) that the person's health is in actual controversy and (2) good cause.
- Employee --> employer = No Custody/Control. Child --> parent = Yes Custody/Control.
118
What is a request for admission? What requirements/rules apply?
A written request asking the opponent to admit facts.
- Must respond within 30 days.
- Must deny, admit, deny knowledge, or object. If the party fails to deny a proper request, that matter is deemed admitted.
- Reasonable inquiry must be made before answering.
119
What is the certification requirement for discovery requests?
When signed, certifying that requests are warranted, not imposed for an improper purpose, and not overly burdensome.
[Not 11]
120
What is the duty to supplement in discovery?
If new facts make a discovery response incomplete or incorrect, they must supplement their response to discovery.
121
What is the scope allowed for discovery?
A party can discover anything relevant to a claim or defense and proportional to the needs of the case.
122
What is Work product?
Material prepared "in anticipation of litigation." It is protected from discovery. Does not have to be generated by an attorney.
123
When can work product be discovered? What is it called?
To discover work produce, a party must show substantial need and undue hardship in obtaining the material from other sources. It is then called qualified work product.
- However, opinion work product can never be discovered (mental impressions, conclusions, or legal theories).
- Nevertheless, can still be discovered if the communication between them is about (1) the expert's compensation OR (2) the facts and data underlying the expert's report.
124
Is the identity of people with discoverable information discoverable?
Yes
125
If a party is claiming a protection from discovery, how must they do so?
In a privilege log. It must list the materials by date, author, recipient, and the privilege/protection being claimed. Must be in enough detail for the judge to make a determination.
126
If a party produces protected/privileged material inadvertently, what procedures are followed?
The producing party must notify the other party promptly, and then the other party must return it or destroy it or sequester it pending a ruling by the court on whether it's discoverable.
127
What is required to get a protective order for evidence?
First, the party must try and get it worked out without court involvement (meet and confer about the issue). After this attempt, the court can deny and order discovery, limit discovery, or permit discovery within terms.
128
What is injunctive relief? What are the types?
A court order that a party do or not do something.
- Preliminary injunction and temporary restraining order.
129
If a court issues a Temporary Restraining Order, when must the order be served on the defendant?
As soon as possible. Generally, a party without notice of a TRO can't be punished for violating.
130
How long is a Temporary Restraining Order effective?
- Cannot exceed 28 days (14 days plus 14-day extension).
- Treated like a preliminary injunction after 28 days.
131
What are the requirements for a preliminary injunction?
A preliminary injunction preserves the status quo until trial. The burden is on the applicant to show (1) that they're likely to suffer irreparable harm if the injunction isn't issued, (2) that the party is likely to win on the merits of the underlying case, (3) that the balance of hardship favors you, and/or (4) it is in the public interest that the injunction be granted.
132
What are the requirements for a temporary restraining order?
A temporary restraining order preserves the status quo until the preliminary injunction. Can be issued ex parte if the applicant files a paper under oath clearly showing that (1) without the TRO, she'll suffer immediate and irreparable harm. The applicants lawyer must also (2) certify in writing her efforts to give oral or written notice to the party, parties lawyer, or why such notice shouldn't be required in this case. If issued, the applicant must (3) post a bond to cover the other sides costs and damages if the restraint is wrongful. The TRO must (4) state its terms specifically and describe in detail what D must do or refrain from doing, why it was issued, and why the threatened injury was irreparable.
133
What is the timeline for a voluntary dismissal without court permission?
P may withdraw a case without a court order by filing a notice of dismissal if D has not filed answers or a motion for summary judgment (remember: only get to do this once!).
- If D's responded, a court order or stipulation signed by all the parties is needed.
134
How is a voluntary dismissal made with court permission.
P makes a motion for voluntary dismissal, and it is within the court's discretion to grant or deny the motion.
- The first voluntary dismissal is without prejudice (P can refile).
- The second voluntary dismissal is with prejudice (it's an adjudication on the merits and P cannot refile).
135
How many voluntary dismissals can a plaintiff make?
A plaintiff is given one opportunity to make a voluntary dismissal of an action (and it can be for any reason whatsoever). A second motion to voluntarily dismiss an action is deemed to be an adjudication on the merits.
136
When does a default apply?
P may seek D's default if D doesn't respond to a complaint within 21 days of service of process (60 if process waived).
- It's not automatic--P must move for an entry of default and demonstrate that D failed to respond in time.
- D can respond late until the default is on record.
137
What is the effect of the entry of default?
If cuts off D's right to respond (doesn't provide P with a right to recover).
138
How is a default judgment entered? What is its effect?
The clerk of the court can enter a default judgment if (1) D made no response (hasn't appeared), (2) the claim is for a sum certain, (3) P gives an affidavit of an amount owed, and (4) D is not a minor or incompetent. If any isn't met, a judge is needed.
A judge can enter a default judgment if they've held a hearing and decide in their discretion that entering the judgment is appropriate. If D has appeared in some way, they need to get notice of the hearing.
- P can only recover up to what they pleaded in their complaint.
139
What must D show to successfully petition a court to set aside a default judgment?
On motion and just terms, the court may relieve a party from a final judgment or order on the following grounds: (1) mistake, surprise, or excusable neglect; (2) newly discovered evidence that with due diligence couldn't have been discovered in time to move for a new trial; (3) fraud or misrepresentation committed by an adverse party; (4) the judgment is void; (5) the judgment has been released, satisfied, or discharged; or (6) any other reason justifying relief from the operation of the judgment.
- When based on 1, 2, or 3, must be in a reasonable time not exceeding one year.
- Need to also show a viable defense (like with the default).
140
What must D show to successfully petition a court to set aside a default?
D must show (1) good cause and (2) a viable defense.
141
How is a motion to dismiss for a failure to state a claim analyzed?
If P fails to state a claim, the case can be dismissed under 12(b)(6).
- Looks only to allegation of facts in the complaint. The court ignores P's legal conclusions. If the facts (if true) state a plausible claim, then the 12(b)(6) motion fails.
142
What is required for a successful Summary Judgment Motion? What is its timing?
The party moving for Summary Judgment must show (1) there is no dispute of material fact and (2) the party is entitled to judgment as a matter of law.
- Court can look at evidence for SJ motion. The court looks at the evidence in the light most favorable to the non-moving party.
- Can file any time until 30 days after discovery (if premature, court can defer ruling on it).
143
When may a ruling on a summary judgment motion be delayed?
Ruling on summary judgment can be delayed if the party needs more time to respond. The court MAY allow more time for the party to get that evidence.
144
Can pleadings be used to support Summary Judgment.
No, unless they're a verified pleading (very rare).
- Pleadings might be relevant if D failed to deny an allegation--then it can be used as true on summary judgment.
145
What is the Rule 26(f)
Unless there's a court order otherwise, at least 21 days before the court enters its scheduling order, the parties must meet and confer to discuss production, claims and defenses, settlement, and preservation of discoverable information.
They must present a detailed plan for discovery no less than 14 days after the 26(f) conference. This plan must include the parties' views and proposals on the timing, the issues and methods of discovery, etc.
146
What is a scheduling order?
A scheduling order is a roadmap of how the case is to proceed to trial.
147
What is the final pretrial conference? What is the corresponding order?
This conference determines the issues to be tried and the evidence to be proffered at trial. It's recorded in the final pretrial conference order.
148
For what purposes may a pretrial conference be ordered?
The Federal Rules of Civil Procedure give the federal court discretion to order a pretrial conference for virtually any matter that is relevant, including settlement.
149
What is a motion in limine?
A pretrial motion to determine whether the jury should hear certain evidence.
150
By when and how must a party demand a jury?
The jury must be demanded via a written demand (served on all the parties) within 14 days of service of the last pleading that shows a jury triable issue.
151
What cases can a jury be requested for?
Law cases (not cases of equity). If the facts underly both law AND equity, then the jury decides that fact. Any cases of equity alone are determined by the judge.
152
How does jury selection work?
Called Voir Dire. (1) For Cause Challenges an unlimited amount of times and (2) Peremptory Challenges 3 times.
- Must have a race neutral and gender neutral reason for dismissal.
153
What are the different forms of jury verdicts?
(1) General Verdict: Who wins and the relief
(2) Special Verdict: Jury answers questions, but there's no bottom line (judge will give the bottom line).
(3) General/Special Combo: General verdict with specific written questions which were submitted to the jury.
154
When will a judge enter judgment? What if jury answers are inconsistent?
If the jury returns a general verdict or a special verdict question that's consistent with the verdict, then the judge will enter judgment. If the answers are inconsistent with the general verdict, then no judgment can be submitted.
155
What is a Judgment as a Matter of Law? When can it be made?
JMOL ("directed verdict") is granted when reasonable people could not disagree on the result (just like summary judgment). The court views the evidence in light most favorable to the non-moving party.
- The motion can be made after the non-moving party has been heard at trial on that issue.
156
What is a Renewed Judgment as a Matter of Law? When can it be made?
RJMOL comes up after trial after the jury returns their verdict and should be granted when a reasonable jury would not have a legally sufficient basis to find for the non-moving party when viewing the evidence in a light most favorable to the non-moving party and not weighing the credibility of witnesses.
- The motion must be made within 28 days after entry of the judgment. ALSO, the party must have moved for JMOL at trial--if not, they've waived RJMOL.
- Party is limited to the grounds raised in the original JMOL.
157
What is a New Trial Motion? When should it be granted?
A new trial motion is a motion to redo the trial because some defect at trial makes it necessary, i.e., something wrong happened that affected the outcome (EX: erroneous jury instruction; improper evidence admitted; misconduct; serious error of judgment regarding evidence (but judge shouldn't replace the jury's judgment lightly); damages inadequate).
- Timing for a new trial motion is the same as with RJMOL (within 28 days of the judgment).
158
What are remittitur and additur?
Remittitur: When the damage figure shocks the conscience, the court offers P a choice to remit part of the damage award or go through a new trial (cannot just lower the damage award).
- Remittitur fine in both state and federal court.
Additur: When the damage figure shocks the conscience, the court offers D a choice to add to the damage award or go through a new trial (cannot just increase the damage award).
- Additur is not allowed in federal court!! Violates the 7th amendment. Can still order a new trial though.
159
In a diversity case, do federal courts apply a state or federal standard when considering a motion based on the excessiveness of a verdict?
A state law standard. Cannot use a federal standard.
160
Under the FRCP, must a jury verdict be unanimous?
Yes. The jury verdict must be unanimous unless the parties agree otherwise.
161
Is there a required order in which legal and equitable claims must be tried when there is a case with common fact issues?
Yes, if legal and equitable claims are joined in one action involving common fact issues, the legal claim is tried first before the jury, and then the equitable claim is tried to the court.
162
What is the Final Judgment Rule?
The losing party has the right to an appeal if the trial court's ruling is a final judgment (the judgment wraps up the entire case).
- "After making this ruling, does the trial court have anything else to do on the merits of the case?" If so, then it's interlocutory.
163
When a party wishes to appeal, what must they do? What is the timeline? What discretion does an appellate court have to hear the case?
File a notice of appeal in the district court no later than 30 days after the final judgment.
- Appellate courts have discretion as to whether to hear the case.
164
Are injunctions appealable? Does this include temporary restraining orders?
Orders related to injunctions may be appealed. A TRO is not an injunction, however, after 28 days it becomes a preliminary injunction and can be appealed.
165
When more than one claim is presented in a case or when there are multiple parties, what can the judge do if he wants to wrap up the case for only some of the claims/parties?
The judge can wrap up the case and enter an order of "final judgment" as to one or more of the claims or parties, but it must also make an express finding that there is no just reason to delay the appeal.
- Not a final order if there are other claims or parties otherwise.
166
What discretion does a court of appeals have for reviewing a class action certification? What’s the timeline for seeking the review?
A court of appeals has discretion to review an appeal that grants or denies the certification of a class action. The party seeking appeal must to do so at the court of appeals within 14 days of the order.
167
What is a writ of mandamus or of prohibition?
Extraordinary writs. An extraordinary writ is an original matter in the court of appeals (filed initially there). Used to compel or vacate a particular order. Available only in particular cases: when the district court is violating a CLEAR legal duty.
168
What standard is used when reviewing a question of law?
Questions of law are reviewed de novo. No deference is given to the trial judge (EX: jury instruction).
169
What standard is used when reviewing a question of fact made by the judge?
Questions of fact are reviewed with a "clearly erroneous" standard. If not clearly erroneous, they'll affirm.
170
What is the standard when reviewing a question of fact made by the jury?
The COA will affirm unless reasonable people could not have made the finding that the jury made.
171
What is the standard when a COA reviews discretionary matters by the trial judge (EX: amend pleading, transfer, etc.)?
The COA will affirm unless the trial judge abused her discretion (very discretionary).
172
What is the Harmless Error doctrine?
If the error did not affect the outcome of the case, a reversal will not be granted.
173
What is required for an otherwise non-appealable interlocutory order to be appealable under the Interlocutory Appeals Act?
Under the Interlocutory Appeals Act, an appellate court can hear an appeal if:
(1) The controlling question of law is one as to which there is a SUBSTANTIAL GROUND for a DIFFERENCE OF OPINION,
(2) At least TWO appellate court JUDGES agree to allow an appeal, and
(3) An immediate appeal of the order may materially ADVANCE the ultimate TERMINATION of the LITIGATION.
174
What are the requirements for claim preclusion?
New litigation on a claim is barred if in the previous case we had:
(1) Same parties and (traditionally) in the same configuration, (2) a valid final judgment, (3) on the merits, and (4) the same claim (majority view: same transaction or occurrence; minority view: separate claims for personal injury and property damage).
175
What are the requirements of issue preclusion?
New litigation on an issue is barred if (1) the first case ended in a valid FINAL JUDGMENT on the merits, (2) the same issue was ACTUALLY LITIGATED and determined in the first case, (3) that litigated issue was ESSENTIAL TO THE JUDGMENT in the first case (the finding on that issue is the reason for the judgment), (4) the issue is being used against someone who was part of the first case or in PRIVITY with that party (represented), and (5) if issue preclusion is sought by someone who was not a party to the first case, did the potentially-precluded party have a CHANCE TO FULLY LITIGATE in the first case (non-mutual issue preclusion).
176
What is the general disposition on non-mutual offensive issue preclusion? What are the corresponding fairness factors?
Courts generally don't allow non-mutual offensive issue preclusion. However, there is a trend to allow it if certain fairness factors are satisfied.
Fairness factors:
(1) Did D have a full chance to litigate in the first case?
(2) Did D have a strong incentive to litigate in the first case?
(3) Could P easily have joined in the first case?
(4) Are there inconsistent findings on the issue (cherry-picking)?
177
How does Merger apply to civil claims?
Merger occurs when the plaintiff wins; her cause of action is said to “merge” into the judgment such that she cannot relitigate the cause of action later.
178
What is the effect of a judicial notice?
That the judge should instruct the jury that it may, but is not required to, accept the noticed fact as conclusively proven.
179
In discovery, is a party entitled to the other party's physician's observations, opinions, and treatment of injuries resulting from a litigated accident?
Yes, a party is entitled to discovery regarding the physician's observations, opinions, and treatment of the other party if the physician developed opinions about the man's injuries for purposes other than litigation or trial.
180
For purposes of a defendant making a third party claim, what difference does it make if the defendant is claiming that he should have no liability vs. claiming that that third party should share in the liability?
A defendant cannot assert a third party claim against another party unless they are seeking to obtain recovery, and that recovery must be for the defendant's own liability to the original plaintiff (if they deny liability altogether, they can't assert a third party claim).
181
What time restrictions apply to motions to correct clerical errors?
There is no time limit to file a motion for relief from judgment to correct clerical mistakes, and the court order correcting the error dates back to the time judgment was entered.
- A clerical error is one arising from oversight or omission and may occur in judgments, orders, or other parts of the record.
182
What are the SMJ requirements for interpleader actions?
Under the Federal Interpleader Act, interpleader can be brought if any two claimants are citizens of different states and the amount in controversy is $500 or more. Complete diversity is not required.
- Applies when a disinterested third party is in possession of property that multiple claimants may claim to be entitled to
183
How long until a plaintiff can enforce a court's judgment?
Enforcement of a judgment is automatically stayed for 30 days unless the court orders otherwise.
- Not based on whether a post-trial motion is pending. However, a court may stay the enforcement of a judgment while a post-judgment motion is pending, depending on the circumstances.
184
May admissions in another case be used in the present case if they meet the requirements of issue preclusion?
No. Admissions may be used in their current litigation only.
