Pretrial Procedures

Question 1

Elements of Complaint

Answer 1

Statement of Jurisdiction

Statement of Facts

Demand for Relief

Question 2

Affirmative Defenses - Pled in Answer

Answer 2

Contributory Negligence
Statute of Frauds
Statute of Limitations
Illegality
Duress

Question 3

Amend Complaint as of Right

Answer 3

Within 21 days

Question 4

Amend Complaint after 21 Days

Answer 4

Must move
“be freely given when justice so requires”

Question 5

Amendments - Relate Back

Answer 5

“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

Question 6

Rule 11

Answer 6

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

Question 7

Compulsory Counterclaim

Answer 7

Must be asserted
Same transaction or occurrence
Supplemental Jurisdiction

Question 8

Permissive Counterclaim

Answer 8

Does not have to be asserted
Different transaction or occurrence
Court does not have supplemental jurisdiction
-Need separate jurisdictional basis

Question 9

Permissive Joinder

Answer 9

Single transaction or occurrence
Common questions of law or fact

Question 10

Compulsory Joinder - Parties

Answer 10

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

Question 11

Class Action - Opt Out

Answer 11

B1 & B2 - Cannot opt out
B3 - Can opt out

Question 12

Appeal class certificaiton

Answer 12

Can appeal

Question 13

Intervention as of right

Answer 13

interest in property/transaction
Interest is impaired
NO Court permission required

Question 14

Permissive Intervention

Answer 14

Claim/Defense has common question of law/fact
Court permission required

Question 15

Interpleader

Answer 15

1 party owes something to 2 or more people

Question 16

Statutory Interpleader

Answer 16

1. Nationwide service
2. ANY 2 claimants can be diverse
3. $500 or more at stake
4. Deposit money/property in Court/Bond

Question 17

Rule Interpleader

Answer 17

1. NO Nationwide service
2. Complete diversity
3. $75k requirement
4. NOT required to deposit money

Question 18

Impleader

Answer 18

Adding 3rd party defendant who owes part or all of claim

Question 19

Cross-claim

Answer 19

1. Co-party (Same side of “v”)
2. Same transaction or occurrence
3. Actual damage

Question 20

Discoverable Information

Answer 20

Must be:
1. not privileged
2. relevant
3. proportional to the needs of the case

Question 21

Work Product - Generally

Answer 21

Generally immune from discovery
documents prepared in ANTICIPATION of trial

Question 22

When is work product discoverable?

Answer 22

1. Substantial need; and
2. Undue hardship

Question 23

Work Product Absolutely Immune from Discovery

Answer 23

mental impressions
conclusions
legal opinions/theories

Question 24

Duty to Supplement Discovery Response

Answer 24

must supplement wrong or incomplete information
must be in timely manner

Question 25

Limit on Depositions

Answer 25

10

Question 26

Limit on Interrogatories

Answer 26

25

Question 27

Physical/mental examination

Answer 27

must be at issue
court order
good cause

Question 28

Protective order

Answer 28

stop discovery for embarrassment, harassment, undue burden

Question 29

Scheduling Conference

Answer 29

Court must have conference to limit time
Must issue SCHEDULING ORDER within 90 days of filing complaint
CANNOT modify scheduling order unless good cause

Question 30

Final Pretrial Conference

Answer 30

Court MAY hold conference
If there is conference, court MUST issue pretrial order
Can only modify for manifest injustice

Question 31

TRO

Answer 31

No notice
IMMEDIATE IRREPARABLE HARM
14 days

Question 32

Preliminary Injunction

Answer 32

Notice and hearing required
IRREPARABLE HARM
Success on the merits