Pretrial Procedures Flashcards
Elements of Complaint
Statement of Jurisdiction
Statement of Facts
Demand for Relief
Affirmative Defenses - Pled in Answer
Contributory Negligence
Statute of Frauds
Statute of Limitations
Illegality
Duress
Amend Complaint as of Right
Within 21 days
Amend Complaint after 21 Days
Must move
“be freely given when justice so requires”
Amendments - Relate Back
“Arose out of the same conduct, transaction, or occurrence”
For Parties
Same conduct, transaction or occurrence
Within 90 Days of filing the party had notice
Knew/Should have known but for mistake
Rule 11
Attorney signs to the best of “knowledge, information, and belief” there is a basis for the claim
Key words
1. Warranted by existing law
2. Evidentiary support
3. No improper purpose
Compulsory Counterclaim
Must be asserted
Same transaction or occurrence
Supplemental Jurisdiction
Permissive Counterclaim
Does not have to be asserted
Different transaction or occurrence
Court does not have supplemental jurisdiction
-Need separate jurisdictional basis
Permissive Joinder
Single transaction or occurrence
Common questions of law or fact
Compulsory Joinder - Parties
Party needs to be joined or unfair
NECESSARY PARTY = Impair Interest
- If cannot join due to jurisdiction, case may still proceed
INDISPENSABLE PARTY = Prejudice
- If cannot join due to jurisdiction, case must be DISMISSED
Class Action - Opt Out
B1 & B2 - Cannot opt out
B3 - Can opt out
Appeal class certificaiton
Can appeal
Intervention as of right
interest in property/transaction
Interest is impaired
NO Court permission required
Permissive Intervention
Claim/Defense has common question of law/fact
Court permission required
Interpleader
1 party owes something to 2 or more people
Statutory Interpleader
- Nationwide service
- ANY 2 claimants can be diverse
- $500 or more at stake
- Deposit money/property in Court/Bond
Rule Interpleader
- NO Nationwide service
- Complete diversity
- $75k requirement
- NOT required to deposit money
Impleader
Adding 3rd party defendant who owes part or all of claim
Cross-claim
- Co-party (Same side of “v”)
- Same transaction or occurrence
- Actual damage
Discoverable Information
Must be:
1. not privileged
2. relevant
3. proportional to the needs of the case
Work Product - Generally
Generally immune from discovery
documents prepared in ANTICIPATION of trial
When is work product discoverable?
- Substantial need; and
- Undue hardship
Work Product Absolutely Immune from Discovery
mental impressions
conclusions
legal opinions/theories
Duty to Supplement Discovery Response
must supplement wrong or incomplete information
must be in timely manner
Limit on Depositions
10
Limit on Interrogatories
25
Physical/mental examination
must be at issue
court order
good cause
Protective order
stop discovery for embarrassment, harassment, undue burden
Scheduling Conference
Court must have conference to limit time
Must issue SCHEDULING ORDER within 90 days of filing complaint
CANNOT modify scheduling order unless good cause
Final Pretrial Conference
Court MAY hold conference
If there is conference, court MUST issue pretrial order
Can only modify for manifest injustice
TRO
No notice
IMMEDIATE IRREPARABLE HARM
14 days
Preliminary Injunction
Notice and hearing required
IRREPARABLE HARM
Success on the merits
