Civil Procedure (filing and trial procedures)

Question 1

What are the 3 steps for compulsory joinder of parties?

Answer 1

1. are they a required party
2. is joinder feasible (PJ, SMJ, and venue)
3. does equity allow the action to proceed without the required party OR is dismissal compelled?

Question 2

What is an interpleader action?

Answer 2

An interpleader action is available in federal court when multiple persons claim an interest in the same property. This action allows the possessor of the stake to avoid multiple liability by joining the claimants to litigate the stake’s ownership among themselves.

Question 3

What are the 2 types of interpleader?

Answer 3

1. rule interpleader (complete diversity and AIC; federal question jx)
2. statutory interpleader (AIC of $500 and minimal diversity)

Question 4

When can a plaintiff respond to a defendant’s answer?

Answer 4

1. by filing an answer if the defendant asserted a counterclaim
2. by filing a reply if the court orders it

Question 5

When must a motion for a new trial be made?

Answer 5

within 28 days after entry of the judgment

Question 6

What can a party do to seek relief from a judgment, years after the judgment was entered?

Answer 6

At any time a federal court may:
1. entertain an independent action to relieve a party from a judgment, order, or proceeding
2. grant relief pursuant to a federal statute
3. set aside a judgment for fraud on the court

Question 7

What is the standard applied to JMOL and renewed motion for JMOL?

Answer 7

Whether there is legally sufficient (substantial) evidence in the record to support a verdict for the nonmovant.

The court must view the evidence and draw all reasonable inferences in the nonmovant’s favor.

Question 8

What are the 3 initial disclosures?

Answer 8

1. persons and items that the party may use to support a claim or defense
2. any insurance agreement with a company that may be liable
3. a computation of damages and the materials on which it was based.