Missed Civ Pro Rules Flashcards
What is default judgment?
For default judgment, the defendant loses the ability to contest liability unless the default is set aside.
When must a D be notified about a default judgment?
If a D has appeared, but not answered, they MUST be notified on the request for a default judgment by first class mail at least 7 days before the hearing on the application for default judgment. **Appearance would look like going before the court or any action that indicates contest for liability.
Summary Judgment
SJ should be granted when there is no genuine issue of material fact such that the moving party is entitled to judgment as a matter of law.
Affidavits for Summary Judgment
Affidavits may be presented in support of a summary judgment motion if they are made on personal knowledge by someone competent to testify and the facts would be admissible in evidence.
Supplemental Jurisdiction
When a court has SMJ (diversity or federal question), the fed court can exercise supplemental jurisdiction over related claims if they arise out of the same transaction or occurrence (common nucleus of operative fact) and they are such facts that the P would expect to try them in a single proceeding.
Good faith in “amount of controversy”
Good faith means that there must be a LEGALLY tenable possibility that recovery will exceed $75k.
Aggregate of claims in Diversity for Amount in Controversy
Claims may be aggregated ONLY if the claims are allowed by applicable law.
Amendment of Pleadings (substituting a new defendant)
An amendment to substitute a new D will relate back to the time of the OG complaint if:
(i) claims of the amendment arise out of the same transaction and occurrence as claims of OG pleading;
(ii) within the time allotted for serving the original complaint (90 days from filing), there must also be notice of the action to the new D.
