Civil Procedure (2)

Question 1

Complaint Must Have

Answer 1

1) Jurisdiction
2) Facts
3) Relief

(Fraud & special damages are specific)

Question 2

Service of complaint

Answer 2

Must be within 90 days of filing

unless good excuse

Question 3

Filing of complaint

Answer 3

Commences the SOL

Question 4

Answer

Answer 4

Within 21 days of service of complaint

Can deny/admit. Anything not denied is admitted

Question 5

Amending claim as of right

Answer 5

Can amend within 21 days without the court’s permission

Question 6

Amending the complaint prior to trial

Answer 6

Need the court’s permission

OR

in the interests of justice & fairness

-Unduly prejudicial
-Frivolous

Question 7

Relation back (for claim)

Answer 7

Ok to assert a new claim after the SOL has expired if:

1) SOL allows relation back
2) Claim arose out of the same CTO as original pleading

Question 8

Relation back (for party)

Answer 8

An amended complaint will relate back to the date of the original if

1) Same occurrence
2) Notice of suit within 90 days after original complaint was filed
3) Knew/should’ve known suit would be brought but for identity mistake

Question 9

Rule 11

Answer 9

To the best of their knowledge, info, belief what they’re saying is true

Question 10

Rule 11 certification

Answer 10

1) Warranted by existing law
2) Not for an improper purpose
3) Evidentiary support

Question 11

Rule 11 violation

Answer 11

Court can impose sanctions
Must provide notice & opportunity to respond

21 days to correct

If not, can impose sanctions

Question 12

Who gets sanctions?

Answer 12

Any lawyer, firm or person responsible

Can get reasonable attorney fees & other fees resulting from the violation

Question 13

Counterclaim

Answer 13

Used to be P v. D now D v. P

Question 14

Compulsory counterclaim

Answer 14

Arose out of the same T or O as P’s claim

-> Must be filed in D’s answer or waived
-> Must meet SMJ or Supp J

Question 15

Permissive counterclaim

Answer 15

Didn’t arise out of the same T or O

-> Can be asserted later
-> Only has to meet SMJ

Question 16

Joinder

Answer 16

Adding parties

Question 17

Permissive Joinder

Answer 17

Multiple P’s can come together if:

1) Claims come from single T or O
2) Common Q of law or fact

Question 18

Compulsory Joinder

Answer 18

Must be joined if it would be unfair to litigate without them

Question 19

Necessary Party

Answer 19

If it would impair their interest by not joining them

Case can still proceed regardless of jurisdiction

Question 20

Adding claims (how many can you add)

Answer 20

As many claims as you want as long as there’s SMJ

Question 21

Indispensable party

Answer 21

Not having them would prejudice them

If jurisdiction issues, cases is dismissed

Question 22

Class action pre req’s

Answer 22

Common question
Typicality
Fair Representation
Size

Question 23

Types of Class actions

Answer 23

1) Impairment of Interest
2) Injunctive relief sought
3) Common Question (all members must be given notice)

Question 24

Intervention

Answer 24

Party joining a case on their own

Question 25

Intervention as of right

Answer 25

No permission req'd if: 1) You have interest in a property or transaction subject to the suit and 2) It'd impede your ability to protect your interest if not involved

Question 26

Permissive intervention

Answer 26

Claim or def that's a common Q of law or fact

Question 27

Interpleader action

Answer 27

Multiple people claiming interest in the same property

Question 28

Statutory interpleader

Answer 28

Amt in controversy = $500 -Minimal diversity

Question 29

Rule interpleader

Answer 29

Amt in controversy = $75k -Complete diversity

Question 30

3rd party interpleader

Answer 30

D believes 3rd party is liable to him for all/part of the claim

Question 31

Cross-Claim

Answer 31

D v. D -Must arise out of same T or O as original claim - Must meet Supp J or SMJ -Actual damage

Question 32

Discovery

Answer 32

Opportunity to obtain information held by parties & non-parties

Question 33

Discoverable information

Answer 33

Matter isn't privileged Relevant and proportional to the needs of the case

Question 34

Cross v. re-direct of Q's

Answer 34

Cross - 14 days Redirect - 7 days

Question 35

Work Product Doctrine

Answer 35

Any information Prepared in anticipation of litigation Is inadmissible unless Substantial need undue hardship

Question 36

Information that's immune to discovery

Answer 36

Mental impressions Conclusions Legal theories/ opinions

Question 37

Oral depositions

Answer 37

- Can only depose party once - Can only depose 10 people - Can't depose longer than 7 hours a day - Non parties: subpoena, parties: notice

Question 38

Interrogatories

Answer 38

Written request for parties - Up to 25 questions

Question 39

Request to produce

Answer 39

Documents in the other side's possession, control, custody Usually 21 days after service UNLESS initial planning conference - 30 days

Question 40

Ordered physical and mental exam

Answer 40

Must show good cause

Question 41

Initial disclosures

Answer 41

- Contact information for all people w/ information - Copy of all documents - Copy of damages and any insurance agreement *Due within 14 days after pre-trial conference

Question 42

Disclosure of expert testimony

Answer 42

90 days before trial -Qualifications -Substance of testimony

Question 43

Pretrial disclosures

Answer 43

30 days before trial all depositions, exhibits and other evidence planned 14 days to object

Question 44

Pretrial conference order modifications

Answer 44

Only for good cause and with judges consent

Question 45

Object to request

Answer 45

not relevant

Question 46

Protective order

Answer 46

Stops discovery for undue burden, embarassment, harassment

Question 47

Order to compel

Answer 47

Forces a party who isn't complying w/ discovery

Question 48

TRO

Answer 48

Must show: Immediate irreperable harm No no notice req'd Expires in 14 days

Question 49

Preliminary injunction

Answer 49

Longer than 14 days Notice req'd

Question 50

Erroneously granted injunction

Answer 50

Must still comply or you'll be in contempt

Question 51

Civil contempt

Answer 51

May be: 1) Ordered to pay damages 2) Imprisoned until they comply

Question 52

Criminal contempt

Answer 52

May be 1) Ordered to pay damages 2) Imprisoned for a set time

Question 53

In granting or refusing an injunction

Answer 53

A court must state its findings and conclusions