Pretrial Procedures

Question 1

Necessary party: 3 grounds & join requirements & if unable to join

Indispensable party: ground & if unable to join

Answer 1

Necessary: (1) Incomplete relief without this party, (2) NOT joining would subject defendant to multiple/inconsistent liability, OR (3) NOT joining would impair this party’s interest.
Join if feasible: (1) PJ AND (2) NOT destroy diversity.
If NOT feasible: proceed case without necessary party.

Indispensable: NOT joining will prejudice party’s rights
If NOT feasible: dismiss case.

Question 2

Permissive joinder: 2 grounds

Answer 2

(1) claim arose from same transaction OR occurrence AND (2) Common questions of law OR fact

Question 3

Impleader: 2 grounds & time

Answer 3

(1) 3rd party liable to defendant for plaintiff’s claim, (2) PJ over 3rd party, AND (3) within 14 days of defendant’s answer OR obtain leave of court

Question 4

Interpleader: grounds & types

Answer 4

Party holding property may force all potential claimants into single lawsuit

Rule interpleader: (1) Plaintiff diverse from ALL claimants AND (2) property value over $75,000.

Statutory interpleader: (1) Minimal diversity in at least 1 claimant a citizen of a different state from another claimant AND (2) property value over $500.

Question 5

Class action: grounds & definitions
Federal class: 3 grounds

Answer 5

CAT N SMJ/CASS
(1) Commonality, (2) Adequate representative, (3) Typicality, (4) Numerosity, AND (5) SMJ/CAFA

(1) Common questions of law OR fact to class.
(2) Class rep’s adequately AND fairly represents class members’ interests, NO COI.
(3) Class rep’s claims OR defenses typical of class members’.
(4) Too many class members for practicable joinder.
(5) SMJ: diversity among Named parties
CAFA: (1) aggregate controversy over $5 million, (2) at least 100 class members, AND (3) minimal diversity in that at least 1 plaintiff a citizen of different state from 1 defendant.

Question 6

B1 Class Action: type and grounds

Answer 6

Prejudice
(1) NO class action would impair class members’ interests, (2) court discretion for notice, (3) class members canNOT opt out AND (4) class members bound by ruling

Question 7

B2 class action: type and grounds

Answer 7

Injunction
(1) class members seeking injunction, (2) court discretion for notice, (3) class members canNOT opt out, AND (4) class members bound by ruling

Question 8

B3 class action: type & grounds

Answer 8

Damages
(1) Class members seeking damages, (2) individual notice for ALL identifiable members, (3) class members can opt out, AND (4) NOT bound by ruling if opted out

Question 9

Venue

Answer 9

(1) Judicial district where defendant resides if all defendants reside in same state, (2) judicial district where substantial events giving rise to claim occurred, OR ONLY if neither (1) NOR (2) met, judicial district that has PJ over defendant

Question 10

Transfer: original venue proper vs improper & choice of law

Answer 10

From proper venue: (1) For convenience of parties, OR (2) in interests of justice AND (3) ALL parties must consent.

From improper venue: (1) court must dismiss OR (2) transfer in interests of justice to any judicial district where case could have been properly brought: SMJ + PJ + venue.

Transferee applies choice of law of transferor court UNLESS unreasonable OR public policy/interest factors outweigh.

Question 11

Forum non-conveniens

Answer 11

(1) Target court would have been more appropriate, (2) BUT current court has NO authority to transfer, (3) consider private AND public interest factors, AND (4) target court can grant adequate relief

Question 12

Service: 4 grounds & time

Answer 12

(1) Server is nonparty, (2) server is over age of 18, (3) served summons AND complaint, AND (4) within 90 days of filing complaint.

Question 13

Service waiver: 3 grounds & time

Answer 13

(1) Plaintiff mails copy of complaint, (2) plaintiff mails 2 copies of waiver form, (3) plaintiff mails prepaid means of returning waiver form (stamp), AND (4) defendant must waive within 30 days OR provide good cause.

Question 14

Complaint: requirements & if fail to serve

Answer 14

(1) Served within 90 days of filling complaint UNLESS good cause, (2) states grounds for SMJ, (3) short and plain statement of claim, (4) demands relief sought, (5) pleads facts supporting plausible claim.

If NOT timely served, dismiss withOUT prejudice UNLESS good cause.

Question 15

Answer: 2 grounds & time

Answer 15

(1) Serve within 21 days of receiving complaint, (2) admit/deny/lacks information to respond to allegations, (3) state ALL Rule 12b affirmative defenses

Question 16

Affirmative defenses: rule & waiveable & nonwaivable

Answer 16

Rule 12b

Waivable: (1) PJ, (2) improper venue, AND (3) improper process/service

Nonwaivable: (1) SMJ, (2) failure to state claim, AND (3) Failure to join indispensable party

Question 17

Amendments

Answer 17

21 days OR if justice requires

Question 18

Relating back

Answer 18

(1) Amendment concerns same conduct/transaction/occurrence as original complaint, (2) new party knew of case within 90 days of it being filed, AND (3) new party knew that, but-for a mistake, it would have been named as an original defendant

Question 19

Standard of review for appealing a final pretrial order

Answer 19

Manifest injustice

Question 20

FRCP Rule 11

Answer 20

Sanctions for improper pleadings

Question 21

FRCP Rule 26(g)

Answer 21

Sanctions for improper certification of discovery questions, answers, OR objections. NOT for failure to answer/appear for deposition.

Question 22

FRCP Rule 37(b)

Answer 22

Sanctions for failure to follow court orders, like failing to answer/appear for deposition