Civil Procedure

Question 1

Special rule for businesses and venue selection

Answer 1

Is the business subject to PJ for the particular case

Question 2

Complete diversity standard

Answer 2

Citizens of different states or citizen of a state and citizen of a foreign country AND >75,000

Question 3

3 requirement of complaint

Answer 3

Statement of grounds for SMJ
Short and plain statement of the claim showing entitled to relief
Demand for relief sought

Question 4

Standard of a complaint and requirement of short and plain statement of the claim

Answer 4

Facts supporting a plausible claim

Question 5

3 topics In a complaint that mush have specificity

Answer 5

1. Fraud
2. Mistake
3. Special damages

Question 6

How long does defendant have to answer a complaint

Answer 6

21 days

Question 7

Which 12b defenses are waivable

Answer 7

Lack of pj
Lack of venue
Failure to serve process
Improper process

Question 8

3 types of required disclosures in discovery

Answer 8

Initial disclosures
Expert witness
Pretrial disclosure

Question 9

4 types of initial disclosures

Answer 9

Identities of persons to SUPPORT
Identities of documents and things to SUPPORT
Computation of monetary relief
Insurance coverage

Question 10

When must required disclosures occur

Answer 10

Within 14 days of rule 26f conference

Question 11

What must be disclosed of the expert witness

Answer 11

Identity and written report

Question 12

What must be in the expert witnesses report

Answer 12

Opinions 
Bases of opinions
Facts used 
Expert's qualifications
How much expert is paid

Question 13

Requirements of pretrial disclosure

Answer 13

No later than 30 days before trial, must give detailed information about trial evidence including identity of witnesses to testify live or by deposition

Question 14

What are the 5 discovery tools and when can you first request?

Answer 14

First request after the 26f conference

1. Depositions
2. Interrogatories
3. Requests to produce
4. Medical exam
5. Request for admission

Question 15

Scope of discovery standard

Answer 15

Relevant - reasonably calculated to lead to discovery of admissible evidence

Proportionality- court can limit discovery if request is cumulative or burden outweighs the importance of the issue

Question 16

Standard for work product

Answer 16

Materials prepared in anticipation of litigation

Question 17

Standard to overcome work product

Answer 17

1. Substantial need

2. Not otherwise available

Question 18

4 document a considered absolute work product

Answer 18

1. Mental impressions
2. Opinions
3. Conclusions
4. Legal theories

Question 19

4 requirements of class action

Answer 19

Numerous
Commonality
Typicality
Representative adequate

Question 20

4 requirements for clerk to give default judgment

Answer 20

1. Defendant made no response at all
2. Claim itself is for a sum certain in money
3. Claimant gives affidavit of the sum owed
4. Defendant is not a minor or incompetent

Question 21

If default not by clerk and by judge… Does defendant get notice of default

Answer 21

Only if defendant appeared in the case

Question 22

When can you file motion for summary judgment

Answer 22

Within 30 days of the close of discovery

Question 23

When must a demand for jury be made

Answer 23

No later than 14 days after service of last pleading raising a jury triable issue

Question 24

When can you move for renewed motion for judgment as a matter of law

Answer 24

28 days after entry of judgment

Question 25

When can you move for a new trial

Answer 25

Within 28 days after judgment

Question 26

Standard for remittur or additur

Answer 26

Damages shock the conscience