Civil Procedure Flashcards
When may deposition testimony be introduced?
The deposition of a witness, whether or not a party, may be used by any party for any purpose if the witness is unavailable due to things such as imprisonment.
When is citizenship determined for the purpose of Diversity?
At the time the action is filed. If either party moves AFTER the action is filed, that is not considered for diversity.
Where is venue proper?
In the district in which the defendant resides OR the district in which the events giving rise to the claim took place
When may lack of subject matter JDX be raised as a defense?
At ANY time even if raised for the first time on appeal.
What due process is required for ALL the people in a class action suit?
The method of giving notice must have a reasonable prospect of giving actual notice. If addresses and names are known then posting of notice is inappropriate.
Are you required to disclose the existence of insurance?
Yes. Always. Federal Rules.
When may a case NOT be removed, even if diversity jdx becomes available?
One year after the case has commenced.
What is the difference between interpleader and impleader?
An Interpleader is when the plaintiff is in possession of property claimed by two or more parties. By filing an interpleader, the plaintiff may require the claimants to litigate amongst themselves to decide who is entitled to the property.
Impleader is also known as third party practice and occurs when a defendant brings in a third party into an action who may be liable to the defendant for all or part of any judgement the plaintiff may recover.
