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Civ Pro > Pre-Trial And Venue > Flashcards

Pre-Trial And Venue Flashcards

1
Q

1) Complaint

A

(a) Filing of Complaint start the clock for Statute of Limitation purposes
(b) Service of the Complaint must be completed within 90 days / 3 months

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2
Q

2) Elements of the Compliant

A

(a) Statement of Jurisdiction (JURIS)
(b) Statement of Facts (not theory) (FACTS)
(c) Demand for Relief (WANT)

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3
Q

3) Specific Complaint

A

(a) Fraud and Special Damages

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4
Q

4) Answer

A

(a) Signed by lawyer
(b) Whatever is not denied is admitted
(c) Served within 21 days / 3 weeks of service of Complaint

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5
Q

5) Affirmative Defenses

A

(a) Contributory Negligence
(b) Statute of Frauds
(c) Statute of Limitations
(d) Illegality
(e) Duress

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6
Q

1) Amendment as of right

A

(a) Once within 21 days of service of pleading

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7
Q

2) Amend. After 21 Days

A

(a) Need Court’s permission
(b) “When justice so requires”

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8
Q

3) Relation back – To avoid Statute of Limitation Issues

A

arose out of the same conduct, transaction or occurrence”

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9
Q

4) Relation Back (For Parties)

A

(a) Same conduct, transaction, or occurrence
(b) Within 90 days of filing the party had notice
(c) Knew/should have known but for mistake of ID

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10
Q

C) Rule 11

A

Attorney singed to best of their “knowledge, information, and belief,” there is a basis for the claim
1) Key Words: Warranted by existing law, Evidentiary support, No improper purpose

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11
Q

D) Adding or Chaining Parties & Claims

A

Counterclaim
Compulsory Counterclaim
1) Permissive Counterclaim
2) Permissive Joinder
Compulsory Joinde

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12
Q

1) Counterclaim

A

(a) D raises a claim back at the Π

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13
Q

2) Compulsory Counterclaim

A

(a) Same transaction or occurrence
(b) Supplemental Jurisdiction

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14
Q

3) Permissive Counterclaim

A

(a) NOT same transaction or occurrence
(b) Needs independent jurisdiction

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15
Q

4) Permissive Joinder

A

(a) Single transaction or occurrence
(b) Common question of law/fact

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16
Q

5) Compulsory Joinder

A

Party NEEDS to be joined or action unfair
2 kinds

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17
Q

(a) Necessary Party

A

impair interest’
(i) If cannot join due to jurisdiction – case may STILL PROCEED

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18
Q

(b) Indispensable Party

A

Prejuiduce
(i) If cannot join due to jurisdiction – Case must be dismissed

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19
Q

E) Class Certification

A

(a) Size
(b) Community
(c) Typicality
(d) Representation/conflict

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20
Q

2) Types of Class Actions

A

(a) B1= Impairment of Interests
(b) B2 = Injunctive relief
(c) B3 = Common Question (superior method)

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21
Q

3) Opting Out

A

(a) B1& B2 = Members MAY NOT OPT out
vs
(b) B3 = Members MAY OPT out

22
Q

4) Notice and Class Actions

A

(a) B1& B2 = Notice NOT required in discretion of Court
(b) B3 = Notice to all Members

23
Q

5) Diversity in Class Actions

A

(a) Citizenship of the named rep
(b) One member must meet $75k+ req
(i) Or sum of claims = $5 mil.

24
Q

6) Appealability of Class Actions

A

(a) If certification of class is denied – may be appealed

25
Q

F) Intervention as of Right

A

(a) Interest in property /transaction
(b) Interest is impaired
(c) NO court permission is required

26
Q

2) Permissive Intervention

A

(a) Claim/defense has common question of law/fact
(b) Court permission IS required

27
Q

3) Interpleader

A

(a) 1 party owes something to 2 or more people

28
Q

4) Statutory Interpleader

A

(a) NATIONWIDE Service
(b) Any 2 claimants can be diverse
(c) $500 or more at stake
(d) Deposit money /property in Court/Bound

29
Q

5) Rule Interpleader

A

(a) NO nationwide service is required
(b) Complete diversity between claimant and ALL opponents
(c) $75k + req
(d) NOT Required to deposit money

30
Q

6) Impleader

A

(a) Adding a 3rd Party D who owes part or all of the claim

31
Q

7) Cross-Claim

A

(a) Co-Party
(b) Same transaction or occurrence
(c) Actual damages

32
Q

1) Discoverable

A

(a) Not privileges
(b) Relevant
(c) “proportionate to needs of the case”

33
Q

2) Work Product

A

(a) Generally immune from discovery
(b) Docs prepared in animation of litigation

34
Q

(c) Work Product Discoverability - exception

A

(i) Substantial need
(ii) Cannot obtain without UNDUE HARDSHIP

35
Q

(d) Absolute Immunity on Work Product

A

(i) Mental impressions
(ii) Conclusions
(iii) Legal opinions/ theories

36
Q

3) Expert

A

(i) Must provide ID
(ii) Expert must PREPARE

37
Q

(b) Expert NOT Testifying

A

(i) Discoverable only in exceptional circumstances

38
Q

4) Duty to Supplement

A

(a) Duty to supplement incomplete or wrong information
(b) Must be done in timely manner

39
Q

Depositions

A

(a) Party or non-party
(b) Written or oral
(c) Non-party via subpoena
(d) Limit = 10

40
Q

6) Interrogatories

A

(a) Only to a PARTY
(b) Written / Answered in in writing
(c) Limit = 25

41
Q

7) Request to Admit

A

(a) Written request
(b) Conclusively established

42
Q

8) Request to Produce: to a Party

A

(a) Documents in the other side’s possession / control

43
Q

9) Physical/Mental Exam

A

(a) Must be at issue
(b) Need Court order
(c) Need good cause

44
Q

10) Object to a request

A

(a) Info no relevant

45
Q

11) Protective order = annoy harass

A

(a) Stop Discovery for embarrassment, harassment, undue burden

46
Q

12) Order to Compel

A

(a) Party not complying w Discovery

47
Q

13) Admissibility at trial

A

(a) Discoverable information is admissible at trial

48
Q

1) Conference of Parties

A

(a) Court MUST have conference

49
Q

2) Scheduling Conferences

A

ROAD MAP
(a) Court MUST have conference to limit time
(b) Must issue scheduling order within 90 days of filing
(c) CANNOT be modified unless “Good Cause”

50
Q

3) Final Pretrial Conference

A

(a) Court MAY hold conference
(b) IF there is a conference, Court MUST issue pretrial statement
(c) Only modified to prevent “manifest justice”

51
Q

1) Temporary Restraining Order

A

No trial
(a) No notice
(b) Trying to prevent -IMMEDIATE IRREPRAHABLE HARM
(c) Expires no more than 14 days

Civ Pro (6 decks)

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