Federal Civil Procedure

Question 1

In a case based on diversity of citizenship, what statute of limitations do federal courts apply?

Answer 1

The statute of limitations that the forum state would apply under its choice of law principals.

Question 2

Generally as part of the discovery process, a party may depose _______ experts of opposing parties.

Answer 2

Testifying but not consulting.

Question 3

For venue purposes, where is a business entity defendant deemed to reside?

Answer 3

Any judicial district in which the defendant is subject to the court’s personal jurisdiction with respect to the action in question.

Question 4

At what point in the litigation is the defense of lack of subject matter jurisdiction waived if not raised?

Answer 4

A lack of subject matter jurisdiction is never waived.

Question 5

At what point is a party’s citizenship determined for purposes of diversity of citizenship jurisdiction?

Answer 5

When the lawsuit is filed.