pretrial Flashcards
when is service of complaint due
within 90 days of filing
elements of complaint
statement of J
statement of facts
demand for relief
when do complaints need to be specific
fraud
special damages
what if i dont deny something in an answer
admitted
who needs to sign answer
atty
when is answer due
21 days after service of complaint
what must be raised in answer or else waived
affirmative defenses
when can you amend as of right
one time, within 21 days of service of pleading
what if i want to amend after 21 days
court permission
when justice so requires
when does relation back apply
when s/l has run
when can you relate back to add a party
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
rule 11 key words
warranted by existing law
evidentiary support
no improper purpose
compulsory counterclaim
same transaction or occurance
suuplemental J
permissive counterclaim
NOT same transaction or occurence
need independent J
permissive joinder
same transaction or occurance +
common questions of law or fact
must maintain SMJ
compulsory joinder
party needs to be joined or unfair
compulsory joinder
necessary party
necessary = impairs their interest
if you cannot join due to J issue, case may proceed
compulsory joinder
indispensible party
prejudiced
if cant be joined, case dismissed
class action certification
size
common question
typicality of class rep claims
named parties will protect class interests
class action - impairment of interests
members may opt out
notice not required
class action - injunctive relief
members may opt out
notice not required
class action - common question
If you don’t opt out, you are bound
NEED NOTICE to all members
class action diversity
citizenship of named represntatives
one member must meet 75k + OR
sum of claims = 5 mil
can you appeal if class certification is denied
yes
intervention as of right
interest in property or transaction
interest impaired
no court permission required
permissive intervention
common question of law or fact
need court permission
statutory interpleader
nationwide service
any 2 claimants can be diverse
$500 or more
deposit money or property w/ court
rule interpleader
no nationwide service
complete diversity
75k+
no deposit required
when can you cross claim
same transaction or occurance
actual damages
who is never a necessary party in joinder?
joint and severally liable tort feasors
when is answer due after D files pretrial motion
14 days after notice of court’s decision
