July 2016 Civil Flashcards
When must D file its answer to avoid the entry of a default judgment against it?
D has to file its written answer by 10am on the first Monday following the expiration of 20 days from date of service.
What is the proper basis for removing a case to federal court based on diversity of citizenship?
D has a valid basis to remove the case to federal court based on diversity of citizenship when P is a citizen of one state and D is a citizen of another and the amount in controversy exceeds $75,000.
What pleading must Driller file to seek to move the case to another county, and when must it file the pleading?
D is required to file a motion to transfer venue before or concurrently with any responsive pleading (except a special appearance).
How should the Court rule on Driller’s pleading to transfer venue?
The court should grant D’s motion to transfer when all or a substantial part of the events/omissions giving rise to the claim occurred.
When P’s petition fails to state the maximum amount of money P seeks to recover from D. What pleading should D file to bring this to the court’s attention, and what relief, if any, is D entitled to obtain?
D should file a special exception pointing out the defect in P’s petition. D is entitled to an order compelling P to amend its petition to state the maximum amount of damages sought.
Interrogatories sent on Day 1, on Day 32 (31 days later), D receives objections and responses. Did P timely object and respond to the interrogatories?
P’s response to D’s interrogatories is timely when service of discovery is accomplished by mail, 3 days are added to the 30-day response period.
In order to preserve the privilege, what action must P’s attorney take in response to the letter and when must she take it?
P should respond to the D’s request by serving a response that describes the information/material withheld and asserts a specific privilege to each. The response should be served within 15 days of D’s request.
What action must D take in order to join a third party as a party to the lawsuit?
D should file a third party petition and citation on the third party to add such person the lawsuit. Because more than 30 days had elapsed since D filed its answer, D also has to file a motion for leave to add the third party.
What pleading should D file to resist producing its president for deposition?
D should file a motion for a protective order or a motion to quash the deposition of its president. The motion has to be accompanied by the president’s affidavit denying personal knowledge of relevant facts. This is an Apex deposition.
D objects on the grounds the interrogatories and requests for production are impermissible discovery requests. How should the Court rule?
The trial court should sustain D’s objections to P’s interrogatories and requests for production seeking information on D’s expert. The proper forms for such discovery are requests for disclosure, written reports, and depositions.
What is the effect of failing to respond to requests for admission and what, if anything, can D do to change it?
D’s untimely response to P’s request for admissions results in deemed admissions. D can change this result by filing a motion to withdraw admissions. D has to show good cause and that the party relying on the admission would not be unduly prejudiced by the withdrawal.
Is “Objection,form” only ok?
Upon request, the objecting attorney must give a clear and concise explanation for the basis of its objection.
Is P entitled to production of the reports in electronic form? If so, what action must P take to obtain such production and how must D respond?
P is entitled to D’s reports in electronic form. P has to specifically request production in electronic form and specify the form in which it is to be produced. D has to produce responsive information that is reasonably available in the ordinary course of business.
What procedural steps, if any, can P take to strike this potential juror?
P should challenge the potential juror for cause based on bias or prejudice. If the for-cause challenge is unsuccessful, P should use a peremptory challenge to remove the juror.
How should the court rule on D’s objection that P should first call its own W to lay foundation before any D is required to testify?
The court should overrule the D’s objection to P calling D’s drilling supervisor as its first witness. A P need not testify first or lay a foundation before calling a W, and may call its W, including an adverse W, in any order.
