Set 5

Question 1

Depositions can be used in court if

Answer 1

A party may do this with leave of court

Question 1

Can a party amend pleadings?

Answer 1

A party may do this with leave of court

Question 2

What is a misjoinder?

Answer 2

Joining of parties in a single action who should not be sued together

Question 3

When can a misjoinder be dismissed?

Answer 3

At any time as justice requires

Question 4

What is a nonjoinder

Answer 4

Omission of a party who ought to be joined

Question 5

How can parties be added?

Answer 5

On motion within 21 days of filing the complaint or the court can also add a party at any time

Question 6

When can a necessary party be joined?

Answer 6

If 1) complete relief cannot be granted in their absence, or 2) absence of that person impedes their ability to protect their interests

Question 7

What should the court do if a necessary party cannot be joined?

Answer 7

Decide if the action should be dismissed because absent party is indispensable

Question 8

What is interpleader?

Answer 8

When a person holding property subject to competing claims joins all claimants to decide who is entitled to the property

Question 9

SOL on PI

Answer 9

This type of claim must be brought within 2 years of injury

Question 10

SOL on actions for UCC Ks for sale

Answer 10

This type of claim must be brought within 4 years

Question 11

When is the SOL tolled if the person is a minor

Answer 11

The SOL is tolled until minority ends

Question 12

Is the SOL tolled if the person is disabled?

Answer 12

SOL tolled until disability ends

Question 13

If a conservator or guardian is appointed the SOL…

Answer 13

Suit must start before the later of expiration of SOL or within one year of appointment

Question 14

If an action is dismissed without determination of merits, the SOL

Answer 14

Time is tolled for the time pending action was pending

Question 15

If there is a 3rd party’s claim for indemnification/contribution, SOL

Answer 15

If action is brought within 30 days of end period, SOL is suspended for 60 days to add new parties

Question 16

If changing/adding a claim, tolling relates back to initial filing if

Answer 16

If 1) claim arose out of the same T/O, 2) amending party was reasonably diligent, and 3) parties opposing amendment will not be substantially prejudiced

Question 17

If changing a party, tolling relates back to initial filing if

Answer 17

1) Claim arose out of the same T/O

2) New party had notice within the time limit

3) New party will not be prejudiced, and

4) New party knew or should’ve known he was the proper party

Question 18

How should SOL be raised as a defense?

Answer 18

It must be pleaded as an affirmative defense

Question 19

What is within the scope of discovery?

Answer 19

Any non-privileged, relevant matter

Question 20

Must items of discovery be admissible?

Answer 20

Need not be admissible if reasonably calculated to lead to discovery of admissible evidence

Question 21

How can discovery be limited?

Answer 21

If unreasonably cumulative, party had ample opportunity to obtain info, or unduly burdensome or expensive

Question 22

Are trial preparation (work product) materials discoverable?

Answer 22

Yes if party has substantial need and cannot obtain material by other means

Question 23

Are non testifying experts discoverable?

Answer 23

This type of experts are not discoverable unless exceptional circumstances make it impracticable to obtain facts/opinions by other means

Question 24

What is discoverable about testifying experts?

Answer 24

This type of experts are discoverable in their identity, subject matter on which they will testify, substance, and summary of grounds for their opinion

Question 25

What must a claim of privilege or work product protection include?

Answer 25

Must state protection claimed and describe the protected material/communications