pretrial

Question 1

when is service of complaint due

Answer 1

within 90 days of filing

Question 2

elements of complaint

Answer 2

statement of J
statement of facts
demand for relief

Question 3

when do complaints need to be specific

Answer 3

fraud

special damages

Question 4

what if i dont deny something in an answer

Answer 4

admitted

Question 5

who needs to sign answer

Answer 5

atty

Question 6

when is answer due

Answer 6

21 days after service of complaint

Question 7

what must be raised in answer or else waived

Answer 7

affirmative defenses

Question 8

when can you amend as of right

Answer 8

one time, within 21 days of service of pleading

Question 9

what if i want to amend after 21 days

Answer 9

court permission

when justice so requires

Question 10

when does relation back apply

Answer 10

when s/l has run

Question 11

when can you relate back to add a party

Answer 11

same conduct transaction occurance

new party had notice within 90 days of OG complaint

new party knew or should have known but for mistake of ID

Question 12

rule 11 key words

Answer 12

warranted by existing law
evidentiary support
no improper purpose

Question 13

compulsory counterclaim

Answer 13

same transaction or occurance

suuplemental J

Question 14

permissive counterclaim

Answer 14

NOT same transaction or occurence

need independent J

Question 15

permissive joinder

Answer 15

same transaction or occurance +

common questions of law or fact

must maintain SMJ

Question 16

compulsory joinder

Answer 16

party needs to be joined or unfair

Question 17

compulsory joinder

necessary party

Answer 17

necessary = impairs their interest

if you cannot join due to J issue, case may proceed

Question 18

compulsory joinder

indispensible party

Answer 18

prejudiced

if cant be joined, case dismissed

Question 19

class action certification

Answer 19

size
common question
typicality of class rep claims
named parties will protect class interests

Question 20

class action - impairment of interests

Answer 20

members may opt out

notice not required

Question 21

class action - injunctive relief

Answer 21

members may opt out

notice not required

Question 22

class action - common question

Answer 22

If you don’t opt out, you are bound

NEED NOTICE to all members

Question 23

class action diversity

Answer 23

citizenship of named represntatives

one member must meet 75k + OR
sum of claims = 5 mil

Question 24

can you appeal if class certification is denied

Answer 24

yes

Question 25

intervention as of right

Answer 25

interest in property or transaction

interest impaired

no court permission required

Question 26

permissive intervention

Answer 26

common question of law or fact

need court permission

Question 27

statutory interpleader

Answer 27

nationwide service

any 2 claimants can be diverse

$500 or more

deposit money or property w/ court

Question 28

rule interpleader

Answer 28

no nationwide service

complete diversity

75k+

no deposit required

Question 29

when can you cross claim

Answer 29

same transaction or occurance
actual damages

Question 30

who is never a necessary party in joinder?

Answer 30

joint and severally liable tort feasors

Question 31

when is answer due after D files pretrial motion

Answer 31

14 days after notice of court’s decision