Pretrial Procedures Flashcards
What is a temporary restraining order?
A court order that commands a party to do or stop doing a specified action for 14 days or until a pre-liminary injunction hearing can take place, whichever occurs first.
What must a TRO contain?
It must contain the reasons why it was granted, a reasonable description of the prohibited or commanded acts which must be made without reference to the complaint or another document, the specific terms
Is an amended complaint filed after the statute of limitations expired prohibited?
Yes, unless the relation-back doctrine applies.
What is the relation back doctrine?
It treats the amended complaint as if were filed on the same date as the original complaint.
When does an amendment that changes or adds party relate back?
It related back if the statute of limitations allows or when (1) the amendment concerns the same transaction or occurrence, (2) the party received notice of the suit within 90 days after the original complaint was filed and (3) the new party knew or should have known that the suit would have been brought against it but for a mistake concerning the proper party’s identity.
When does an amendment that asserts new claims relate bacK?
When the statute of limitations allows relation back or when a new claim arises from the same transaction or occurrence as the original pleading.
When can a plaintiff voluntary dismiss their case without a court order?
A voluntary dismissal without a court order is permitted when: all the parties sign a stipulation of dismissal or the plaintiff files a notice of dismissal before the defendant serves an answer or a motion for summary judgment.
When can a court extend a TRO?
Only for godo cause.
When can a motion for sanctions be filed?
If after notice and reasonable opportunity to respond , the court may impose an appropriate sanction on any attorney, law firm or party that violated the rule or is responsible for the violation. q
What are the limitations on monetary sanctions?
The court must not impose a monetary sanction on a represented party for violating Rule 11(b)(2) or on its own unless it issued a show cause order under Rule 11(c)(3).
