Civil Procedure 53-57

Question 1

What does the Attorney Work Product doctrine protect?

Answer 1

All materials prepared by an attorney or his agents in anticipation of or during a litigation. They are protected from disclosure unless:

A substantial need for the materials exist; AND

A substantial equivalent cannot be obtained without undue hardship.

Priority: N/A

Question 2

Federal Court Conferences

When may a court issue sanctions with respect to Pretrial Conferences?

Answer 2

If a party or attorney:

Fails to appear;

Is substantially unprepared to participate;

Does not participate in good faith; OR

Fails to obey a scheduling or other pretrial order.

Priority: N/A

Question 3

Motion to Dismiss – Federal Courts

Under Rule 12(b), what is the standard on a Motion to Dismiss?

Answer 3

The court must:

Consider the facts in the light most favorable to the non- moving party; AND

Determine whether there is any basis upon which relief can be granted for the non-moving party.

*The court DOES NOT evaluate the merits of the case.

Priority: Low

Question 4

Motion to Dismiss – Federal Courts

What are the Motion to Dismiss grounds?

Answer 4

Lack of subject matter jurisdiction;

Lack of personal jurisdiction;

Improper venue;

Insufficient process;

Insufficient service of process;

Failure to state a claim upon which relief can be granted;

Failure to join a necessary party.

*Grounds 2-5 are deemed waived if not raised in the first responsive pleading or Motion to Dismiss.

Priority: Low

Question 5

When will a court grant a Motion for Summary Judgment?

Answer 5

When:

There is no genuine issue of material fact; AND

The movant is entitled to judgment as a matter of law.

When reviewing the motion, the court MUST view the evidence in the light most favorable to the non-moving party.

In California: a party must include a Statement of Undisputed Facts in the motion.

Priority: Medium