MD Civ Pro Flashcards

Question

Intervention: as of right

Answer 1

MUST IF: 1. they have unconditional right or 2. person claims interest and is so situated that action will impair or impede their ability to protect that interest and not adequately represented

Answer 2

MAY IF: 1. claim or defense has Q of law/fact in common 2. won't unduly delay/prejudice the adjudication

Answer 3

Pure: disinterested person has property w. conflicting claims, asks court to join all and tenders property. In the nature of: person not disinterested and contests obligation to pay but seeks ct intervention if has to

Answer 4

1. numerosity 2. common Qs of law or fact 3. typicality of claims/defenses of named reps 4. reps will fairly and adequately rep the class

Answer 5

1. would create risk of a. inconsistent adjudications that would create incompatible standards for D (e.g. dif procedures) b. would be dispositive of or substantially impair/impede interests of nonparty members (eg limited fund) 2. D actions on grounds generally applicable to the class such that injunctive relief appropriate 3. Qs of law or fact predominate over any individually affecting members

Answer 6

IF more than seven days -> Saturdays, Sundays, Holidays counted. IF less than 7 days -> not counted

Answer 7

3 extra days

Answer 8

30 days from being served

Answer 9

1. any permissive defenses 2. any applicable neg/affirmative defenses 3. answers to averments in complaint (otherwise deemed admitted) OJO Mandatory defenses MUST be made in MTD before answer OJO in Dist Ct it's a notice of intention to defend w/in 15 days of complaint, demand jury trial w/in 10 days of that.

Answer 10

1. across v. within the "v" 2. regardless of whether arises from same transaction v. must at least relate to property subject to original action. Time for filing both 30 days from answer.

Answer 11

D brings in 3rd party liable to D for P's claims (NOT liable directly to P). If P does have claim agst 3rd party, MUST assert or will be barred. All deadlines 30 days.

Answer 12

30 days b4 trial or with permission. Relation back (SoL problems): if states a new c/a or new D, DOES NOT relate back. If same operative facts but new theory or legal basis, DOES relate back.

Answer 13

MUST file MTD b4 answer for: 1. lack of personal JDX 2. improper venue 3. insufficiency of process 4. insufficiency of service of process

Answer 14

May be filed at any appropriate time: 1. lack of subject matter JDX 2. failure to state a claim (including SoL has run) 3. failure to join necessary party 4. discharge in bankruptcy 5. governmental immunity

Answer 15

Long list of 20 things - K defenses, tort defenses, laches, res judicator, privilege, etc.

Answer 16

1. claimant delayed 2. delay inexcusable 3. delay prejudiced opposing party

Answer 17

1. TRO: without opportunity for hearing, must clearly appear that immediate substantial and irreparable harm will result. 2. Prelim Inj: after notice and hearing but before final determination on merits 3. Final Inj: after merits, disposes of suit

Answer 18

1. likelihood of success on merits 2. balance of equities 3. suffer irreparable injury (ie $ damages won't make whole) 4. public interest

Answer 19

any relevant matter that's not privileged - anything reasonably calculated to lead to discovery of admissible evidence. on privilege, must provide description of nature of info so other parties may asses applicability

Answer 20

Ct will limit if 1. unreasonably cumulative/duplicative/obtainable from other more convenient source 2. seeking party has had ample opp to obtain it 3. burden/cost outweighs likely benefit

Answer 21

Qualified immunity unless shown that: 1. relevant 2. substantial need 3. unable to obtain equivalent by other means w/o substantial hardship ESP statement by witness. NEVER for mental impressions, conclusions, opinions, legal theories

Answer 22

use interrogatories. if going to testify: 1. identity 2. subject matter 3. substance of findings 4. summary of grounds for opinion and any written response. if not going to testify: can only get if show substantial need and unable to get otherwise

Answer 23

from any person (not just party), notice 10 days before, subpoena for nonparties, must say if video or audiotaped

Answer 24

Written questions answered in writing under oath, on any PARTY, up to 30 per party, response w/in 30 days or 15 after initial pleading, whichever later

Answer 25

to any PARTY, produce and permit copying of items in possession, writings photos recordings data compilations or samples, w/in 30 days or 15 after initial pleading, whichever later

Answer 26

only when characteristic is in controversy and order of court

Answer 27

to any PARTY, can be about 1. genuineness of a document or 2. truth of a relevant matter, deemed admitted if not answered w/in 30 days or 15 after initial pleading, whichever later. must 1. object w. reason 2. admit/deny 3. detail why can't admit or deny - must make reasonable inquiry before saying lack knowledge. admission -> conclusively established absent withdrawal

Answer 28

No genuine dispute to any material fact AND entitled to judgment as a matter of law. Burden on movant that no genuine issue, shifts to opponent to show at issue. Response must attach portions of record, ID facts, w/in 15 days.

Answer 29

P w.o leave, counter/cross/3rd by notice. After answer filed, need court order. Need to still support counterclaim, otherwise cant. Can only do it once

Answer 30

if d hasn't been served or no JDX w/in 120 days

Answer 31

after 1 yr of last docket entry

Answer 32

w/in 30 days of entry of ORDER. for default judgment must plead equitable excuse for failure to plead

Answer 33

w/in 30 days of entry of JUDGMENT. under court's revisory power can only change relief, not liability determination. OR allowed whenever if evidence of fraud, mistake, or irregularity.

Answer 34

w/in 10 days of entry of JUDGMENT. Can receive new evidence, amend findings, set for additional findings, amend or enter new judgment.

Answer 35

If more than $10k at issue, demand w.in 30 days of answer OR if in Dist Ct file within 10 days of notice of intention to defend (which is w.in 15 days of complaint). CIVIL at least 6 people unless DQ'd and all agree. 4 preemptory challenges.

Answer 36

At closing of opposing party's case or in jury trial at close of evidence. Standard: any evidence. REQUIRED for post judgment notwithstanding the verdict

Answer 37

(OJO only if did motion for judgment during trial) w/in 10 days of verdict/discharge -> deny, grant, set aside and direct new judgment, order new trial at same time

Answer 38

IF was granted and reversed, can 1. enter judgment on original verdict 2. remand for new trial 3. order new trial. IF was denied and reversed, can 1. enter as if motion granted 2. order new trial NOTE file notice of appeal 30 days

Answer 39

w/in 10 days of entry of judgment, reviewable only for abuse of discretion

Answer 40

(post judgment) 1. writ of execution = order to sheriff to seize 2. for real property: enter description, post writ and schedule on property. 3. for personal property: 1. remove from premises 2. leaving writ on it 3. posting writ and schedule in prominent place. sheriff will sell upon request

Answer 41

take property held by a 3rd party in order to satisfy judgment. includes wages

Answer 42

entitled to deference unless inconsistent with MD public policy

Answer 43

Exclusive initial appeals from Circuit or Orphan Ct

Answer 44

Special appeals court appeals OR circuit court as appellate court appeals, Qs of law certified to it, only through writ of cert: 1. where same statute has been construed differently or 2. special circumstances/public interest

Answer 45

1. action concerning possession of property 2. order for sale of real or personal property or payment of money 3. order depriving parent, grandparent, guardian custody

Answer 46

MUST 1. conclusively determine the question 2. resolve an important issue 3. resolve an issue completely separate from the merits 4. would effectively be unreviewable

Answer 47

CLAIM preclusion: b/w same parties or their privies. MUST 1. same parties or in privity 2. same c/a 3. first suit valid final judgment on merits by court of competent JDX

Answer 48

(so ID'd that represent same legal right)

Answer 49

a. transactional test: growing out of same series. b awareness: if there was claim splitting from same transaction, party could have litigated everything in the prior proceeding ie was aware of facts giving rise to all components c. counterclaim precluded IF relationship between claims is such that successful prosecution of second action would nullify initial judgment or would impair rights established in first action OJO changed circumstances may permit

Answer 50

If D believes jury verdict was excessive

Answer 51

must have had subject matter and personal JDX, notice and opp to be heard, can be: summary, default, multiple voluntary, consent judgment, settlement

Answer 52

ISSUE preclusion: if actually litigated and necessarily determined (OJO NOT if two or more bases for judgment)

Answer 53

1. issue identical 2. final judgment on merits 3. party against whom asserted must have been party or in privity in first action 4. party against whom asserted had opp for fair hearing in first

Answer 54

Must give same effect to judgment of court in another state as courts in that JDX would give

Answer 55

when necessary to protect integrity of judicial system from s/o trying to gain unfair advantage over another through manipulating court system

Answer 56

3 years in civil actions

Answer 57

when c/a accrues - when claimant knew or should have known EXCEPT 1. continuation of events: tolled during existence of fiduciary relationship 2. continuing harm: continuous violations toll 3. fraud: if knowledge kept from P by fraud of adverse party then when by ordinary diligence would have discovered

Answer 58

K: date of breach. Wrongful death: time of death. Replevin: demand and refusal or assertion of adversary right by holder

Answer 59

1. adverse possession - 20 yrs 2. Assault, libel, slander - 1 yr. 3. health care providers: 5 yrs from time of injury or 3 yrs from when injury discovered. K for sale of goods - 4 yrs or K down to 1yr.

Answer 60

1. minor/incompetent when c/a accrues - 3 years from removal. 2. absent from state - starts upon return. 3. new promise to pay a debt if a. unconditional or b. conditional and performed or c. admission from which promise can be inferred 4. estoppel - if D held out inducements not to bring suit

Answer 61

- the court will exclude from the class any member who requests to "opt out" by a specified date; - the judgment will include all members who do not opt out; and - any member who does not request exclusion and who desires to enter an appearance through counsel may do so.