Rule Part 2

Question 1

Rule 16

Answer 1

pretrial conferences; scheduling; managing

Question 2

Under rule 16 what may the court in any action order?

Answer 2

the attorneys and any unrepresented parties to appear for one or more pretrial conferences

Question 3

purposes of pretrial conferences under rule 16(a)

5- EEDIF

Answer 3

1) expediting disposition of the action
2) establishing early and continuing control so that the case will not be protracted (lasting for a long time) because of lack of management
3) discouraging wasteful pretrial activities
4) improving the quality of the trial through more thorough preparation
5) facilitating settlement

Question 4

Under 16(b)(1) when must the district judge when authorized by a rule issue a scheduling order?
2- AA

Answer 4

1) after receiving the parties’ report under rule 26(f)

2) after consulting with the parties’ attorneys and any unrepresented parties at a scheduling conference

Question 5

when must a judge NOT issue a scheduling order?

Answer 5

in categories of actions exempted by local rule

Question 6

when must a judge issue a scheduling order under rule 16(b)(2)?

Answer 6

as soon as practical but unless the judge has good reason for delay, must issue within the earlier of 90 days after any defendant has been served with the complaint OR 60 days after any defendants has appeared.

Question 7

what are the REQUIRED CONTENTS of a scheduling order under 16(b)(3)? (4) LACF

Answer 7

must include:

1) limit the time to join other parties
2) amend the pleadings
3) complete discovery
4) file motions

Question 8

what are the PERMITTED contents of a schedule order under 16(b)(3)?
7- MMPIDSI

Answer 8

may include:

1) modify the timing of disclosures under rules 26(a) and 26(e)(1)
2) modify extent of discovery
3) provide for disclosure, discovery or preservation of electronically stored info
4) include any agreements the parties reach for asserting claims of privilege of protection as trial-prep material after information is produced
5) direct before moving for discovery, movant must request a conference with the court
6) set dates for pretrial conferences and trial
7) include other appropriate matters

Question 9

Under 16(b)(4) what are the requirements for a schedule to be modified?

Answer 9

only for good cause and with judge’s consent.

Question 10

what are the attendance requirements at a pretrial conference under 16(c)(1)?

Answer 10

a represented party must authorize at least one of its attorneys to make stiupulations and admissions about all matters that can reasonably anticipated for discussion.

Question 11

Rule 16(c)(2)

Answer 11

matters for consideration (see book) A-P

Question 12

after any conferences under 16(d) what must the court do?

Answer 12

issue an order reciting the action taken

Question 13

what must the order that recites the action taken under rule 16(d) control?

Answer 13

the course of the action unless the court modifies it

Question 14

when must a final pretrial conference be held?

Answer 14

as reasonably close to the start of trial

Question 15

who must attend a final pretrial conference?

Answer 15

at least one attorney who will conduct the trial for each party and by any unrepresented party.

Question 16

when is a court allowed to modify the order issued under 16(e)?

Answer 16

after a final pretrial conference ONLY to prevent manifest justice.

Question 17

16(f)

Answer 17

sanctions

Question 18

under rule 16(f) when may the court issue any just orders on motion or on its own?

Answer 18

1) if a party or attorney fails to appear at a scheduling or other pretrial conference
2) when a party or attorney is substantially unprepared to participate- or does not participate in good faith in the conference
3) when a party or attorney fails to obey a scheduling or other pretrial order

Question 19

Under 16(f)(2) instead of or in addition to any other action what must the court order the party, its attorney, or both to do?

Answer 19

pay reasonable expenses including attorney’s fees incurred because of any noncompliance with this rule unless the noncompliance was substantially justified or other circumstance make an award of expense unjust.

Question 20

Rule 18

Answer 20

joinder of claims

Question 21

when may a party join as an independent or alternative claims under 18(a)?

Answer 21

a party asserting a claim, counterclaim or crossclaim, or third party claim may join as many claims as it has against an opposing party

Question 22

can a party join two claims if one of them is contingent on the disposition of the order 18(b)?

Answer 22

Yes but the court may grant relief only in accordance with the parties’ relative substantive rights.

Question 23

Rule 19

Answer 23

Required Joinder of parties

Question 24

when is a person required to be joined under 19?

Answer 24

if it’s feasible and the person is subject to service of process and whose joinder will not deprive the court of SMJ

Question 25

what are the guidelines for joining under Rule 19(a)? 2(IC)

Answer 25

1) in the person's absence cannot accord complete relief to the existing parties 2) claims an interest relating to the subject of the action

Question 26

what may under rule 19(a)(1) if the person's claims have an interest relating to the subject of the action and its situated and disposing of in the person's absence do?

Answer 26

1) as a practical matter impair or impede the person's ability to protect the interest 2) leave an existing party subject to a substantial risk of incurring double , multiple or otherwise inconsistent obligation because of the interest.

Question 27

Under rule 19(a)(2), if a person has not been joined as required what must the court do?

Answer 27

order that the person be made a party

Question 28

if a person refuses to join as a plaintiff under rule 19(a)(2) what may happen?

Answer 28

they may be made either a defendant, or in a person case, an involuntary plaintiff

Question 29

Under Rule 19(b), if a person who is required to be joined if feasible cannot be joined what must the court determine?

Answer 29

whether, in equity and good conscience, the action should proceed among the existing parties or if it should be dismissed.

Question 30

what are the factors that the court considers under rule 19(b)? 4 EEWW

Answer 30

1) the extent to which the judgement rendered in the person's absence might prejudice that person or existing parties. 2) the extent that any prejudice could be lessened or avoided by protective provisions, shaping the relief or other measures. 3) whether a judgement would be adequate in the absence of the person 4) whether the plaintiff could have adequate remedy if the action were dismissed

Question 31

under Rule 19(c) when asserting a claim for relief what must a party state?

Answer 31

1) the name, if known, of any person who is required to be joined if feasible 2) the reasons for not joining that person

Question 32

Rule 20

Answer 32

permissive joinder of parties

Question 33

persons who MAY be joined under Rule 20(a)?

Answer 33

plaintiffs or defendants

Question 34

when can a plaintiff be joined under rule 20(a)(1) 2IA

Answer 34

1) if they assert any right to relief jointly, severally or in the alternative with respect to or arising our of the same transaction, occurrence or series of transactions or occurrences. 2) any question of law or fact common to all plaintiffs will arise in the action

Question 35

when can defendants be joined under rule 20(a)(2)?

Answer 35

1) any right to relief is asserted against them jointly, severally or in the alternative with respect to or arising out of the same transactions or occurrences 2) any question or law or common fact common to all defendants will arise in the action

Question 36

when may a court grant judgement to one more than one plaintiff or defendant under rule 20(a)(3)?

Answer 36

according to the plaintiffs rights and according to the defendant's liabilities.

Question 37

Under Rule 20(b) may the court orders including an order for separate trials?

Answer 37

yes

Question 38

what would a court be protecting against by ordering separate trials under rule 20(b)? 4(EDEO)

Answer 38

1) embarrassment 2) delay 3) expense 4) other prejudices that arise from including a person against whom the party asserts no claim and who asserts to claim against the party

Question 39

Rule 14

Answer 39

Third party practice