Prior exam topics Flashcards
are juries allowed to see a transcript of testimony during deliberations
no but if they really want to, judge can order them back into chambers and read them the transcript
JNOV standard to grant
considering all evidence in light most favorable to non moving party
the facts and inferences so strongly and overwhelmingly favor the moving party that
reasonable persons could not reach a contrary result
JNOV time period to file
within 7 days of MAILING OR SERVICE of judgment
motion for new trial standard to grant
considering all the evidence WITHOUT favoring either party
drawing her own inferences and conclusions , and evaluating the credibility of witnesses
finding that the verdict was clearly contrary to law and evidence
if you want to increase damage award
motion for additur
must be consented to
in alternative move for new trial on the issue of quantum
if something is really bad and client wants to stop it immediately
file a petition for a temporary restraining order
must meet standard of irreparable harm, incapable of being compensated by money damages
if venue was improper, defense counsel files
declinatory exception of improper venue
note must be filed before or in answer to be timely
if defendant is out of state corporation with no office/PPB in state, how to serve?
send first class mail with citation and petition
if no response
then court may appoint attorney to represent
if defendant believes no personal jurisdiction, defense counsel
files declinatory exception of lack of personal jurisdiction
juror lives 200 miles away. how to get to testify?
serve subpoena
plaintiff must make deposit with clerk OR provide check with subpoena to cover travel expenses at $.20 a mile and fee of $25/day plus $5/day for hotels and meals
how to get a resolution on contract terms now?
file aa petition for declaratory judgment
if money judgment is about to expire
means that 10 years has passed since date issued
file ex parte motion to revive judgment, affidavit stating no payment has been made (no notice or service required)
must be filed in court and suit in which judgment issued
filing interrupts 10 years prescription
after revival judgment granted, clerk of court should mail to judgment debtor’s last known address
if judgment is currently valid against debtor, how to determine if defendant has seizable assets
file motion to examine judgment debtor in court that rendered judgment
if defendant in money judgment has seizable assets, how to seize
plaintiff should file petition for garnishment where garnishee (entity w/ assets or paying wages) has PJ
then serve citation, petition, garnishment interrogatories, and notice of seizure on ganishee
once entity admits that it holds funds / pays debtor, then writ of fieri fifas issued to entity to deliver funds
if discovery is way too intrusive / broad, defendant counsel should
file a motion for protective order
how long does tenant plaintiff have to file suspensive appeal bond amount?
24 hours after eviction judgment issued after losing trial
when lawyer signs a pleading, he certifies:
after reading it and a reasonable inquiry, to the best of her knowledge, information, and belief:
(1) the pleading is not being used to harass, delay, or increase costs
(2) the pleading is warranted by existing law or a nonfrivolous argument to extend existing law
(3) the claim has or is likely to have evidentiary support AND
(4) each denial is warranted by evidence or reasonable based on lack of information
lawyer’s signature impart certification under 863 for X filings:
petitions
answers
written motions
exceptions
if appellate court rules that suspensive appeal bond is insufficient, how to cure?
within 4 days of judgment holding bond insufficient, must furnish new or supplemental bond with new or additional surety
if RFP and petition filed at same time, how long to respond to RFP?
within 30 days of service of petition
if one defendant was not served within 90 days, what can D do to get dismissed? any defenses for plaintiff?
either file a declinatory exception to insufficiency of service
OR
motion for involuntary dismissal
plaintiff may only defend by showing good cause as to why service was not requested within time period
petition did not request jury trial. how/when can defendants lawyers request jury trial?
either in answer or within 10 days after service of last pleading, including answer.
moving party must also file bond to cover court costs, plus $150 jury filing fee
how many interrogaatories available without requesting leave of court?
- only to parties.
D may amend his answer within __ days without leave of court
10
how to depose a corporation, without knowing who specifically you need to depose?
file 1442 notice of deposition on the corporation
name corporation as deponent, list topics you want to discuss
corporation then names offiicers who will be deposed on corporations’ behalf
question is about objections in deposition. discuss.
objections during depositions should be made concisely, and in a non- suggestive manner. improper to instruct the witness how to answer through long objections.
the only objections that are waivied if not made during deposition is that as to objection to the form of the question
question is about burdensome discovery, what can defense counsel do.
file a motion for protective order
showing that discovery requests are burdensome, and intended to annoy and oppress defendants.
also plead that information is irrelevant and not calculated to lead to the discovery of admissible evidence, and as such is beyond the scope of discovery
time limits and pleadings to test expert’s qualifications
60 days before trial file motion for pretrial hearing to determine whether expert qualifes
contradictory hearing must be held no less than 30 dayas before trial
judge must issue ruling within 5 days of hearing
offer of judgment rules and timeline
20 days or more before trial
either party may make a written offer to settle all claims without admission of liability
must specify amount.
to accept, must serve within 10 days of reciept of offer
motion to reduce damages awarded by jury
motion for remittur
motion for new trial period to file
must be filed within 7 days of MAILING OR SERVICE of notice of judgment
suspensive and devoluative appeal deadlines to file
30 days for suspensive, 60 days for devoluative
runs from date of denial of motion for JNOV/new trial
OR
if no JNOV/new trial motion filed, from the date at which that right expired.
time frame to answer appeaal
15 days from return day or lodging of record of aappeal