Week 3

Question 1

A general rule regarding deadlines may start with…

Answer 1

“Unless otherwise provided for…”

Question 2

The Rules of Civil Procedure provide an…

Answer 2

understanding of what is expected from both sides.

Question 3

Most of the deadlines to respond to various events are found where?

Answer 3

Rules of Civil Procedure

Question 4

Deadline to respond to a lawsuit is different for what?

Answer 4

State Court v. Federal Court

Question 5

Deadline to respond to discovery is typically how many days?

Answer 5

30

Question 6

The attorney is charge does what?

Answer 6

Signs their name first to a pleading (Petition or Answer)

Question 7

All notices from the court should be directed to who?

Answer 7

The attorney in charge

Question 8

True or False - A corporation MUST be represented by an attorney.

Answer 8

True. The reasoning is that a corporation is not a person, it is a legal entity.

Question 9

Can the attorney representing the corporation work for the corporation?

Answer 9

Yes.

Question 10

Can an attorney in charge be changed/amended later?

Answer 10

Yes.

Question 11

What must be done when designating an attorney?

Answer 11

Designation must be filed with the Court and sent to all counsel of record.

Question 12

Once an attorney has entered an appearance in a case, who must communication be sent to?

Answer 12

It must be sent to that attorney. Notice to an attorney is notice to a party.

Question 13

When an attorney signs a pleading he is attesting to what? Rule 13 TRCP

Answer 13

That he has read it. He is also stating that the information contained the the pleading/motion/response is true and correct based upon reasonable inquire. The attorney is also certifying that the pleading is not groundless, brought in bad faith, or for the purpose of harassment.

Question 14

Who may sanction a party for filing a frivolous pleading?

Answer 14

Either party or the Court.

Question 15

Who can be sanctioned?

Answer 15

The person who signed the pleading, a represented party, or both.

Question 16

TRCP 13 prescribes that courts presume that papers are filed in what?

Answer 16

Good faith. The burden for sanctions is on the moving party to overcome this presumption.

Question 17

What are the two main reasons attorneys file a Motion to Withdrawl?

Answer 17

Not getting paid and/or a client has disappeared.

Question 18

In regard to a Motion to Withdrawl, if another attorney is substituted in then what needs to happen in the Motion?

Answer 18

The Motion should include the new attorney’s name, address, phone, fax, and bar number.

Question 19

In regard to a Motion, if another attorney is not substituted what must happen in the Motion?

Answer 19

A statement must be in the motion that the client has been delivered a copy of the motion and has been made of his right to object to the motion. A statement must be made whether or not the client is opposed to the withdrawal.

Question 20

A Motion to Withdrawal must include…

Answer 20

A list of all pending deadlines and settings must be included in the motion. The last know address and phone number for the client.

Question 21

If the Motion of Withdrawal is granted, the attorney shall do what for the client?

Answer 21

Notify the client of any additional settings or deadlines.

Question 22

When can a client discharge their attorney?

Answer 22

At any time. An attorney must comply with TRCP 10.

Question 23

What hails a defendant into court and requires them to answer?

Answer 23

A citation

Question 24

Counter Plaintiff

Answer 24

A defendant who has filed a counter claim again the plaintiff.

Question 25

Counter Defendant

Answer 25

A plaintiff who is responding to a counter claim.

Question 26

A cross claim occurs when…

Answer 26

One defendant sues another defendant.

Question 27

The defendant who files suit against a co defendant is called what?

Answer 27

A cross plaintiff

Question 28

The defendant who is sued by a co defendant is called what?

Answer 28

A cross defendant.

Question 29

What is a third party?

Answer 29

This occurs when a defendant brings a new defendant into a case.