Federal Civil Procedures - Pre Trial Procedure

Question 1

In a federal question case, the action is always deemed commenced for statute of limitations purposes when:

Answer 1

The complaint is filed with the court

Question 2

In federal court, and without a court order, which of the following is an authorized way to serve process on an individual?

Answer 2

Following the state rules for service of process

Question 3

Under certain circumstances, a _______ may be issued without notice to the other party.

Answer 3

An ex parte temporary restraining order

Question 4

Following a default by a defendant, the clerk may sign and enter a judgment for the amount set forth in the plaintiff’s affidavit if the defaulted defendant is not an infant or an incompetent and:

Answer 4

The plaintiff’s claim is for a sum certain and the default was entered because the defendant failed to appear

Question 5

During a trial, a motion for judgment as a matter of law (“JMOL”) may be filed

Answer 5

At any time before submission of the case to the jury

Question 6

Which of the following are grounds for relief from judgment for which a motion must be made within a reasonable time not to exceed one year?

Answer 6

That there is newly discovered evidence that by due diligence could not have been discovered in time to move for a new trial

Question 7

In a diversity case, federal trial courts are required to apply a _______ when considering a motion for a new trial based on the excessiveness of the verdict.

Answer 7

State law standard

Question 8

To receive a jury trial, a party generally must:

Answer 8

File a written demand and serve it on all the parties within 14 days after the service of the last pleading directed to the jury-triable issue