All Civ Pro rules

Question 1

FRCP4(k)(1)

Answer 1

Fed jurisdiction is as broad as state long arm statutes

Question 2

28 USC 1391(b)

Answer 2

Venue - Where defendant resides; substantial events took place; or where court has PJ

Question 3

28 USC 1404(a)

Answer 3

Venue Transfer: when it is convenient for all parties and in the best interest of justice

Question 4

28 USC 1332

Answer 4

SMJ: Diversity and amount in controversy

Question 5

28 USC 1331

Answer 5

SMJ: Federal Question; arises under the laws of the constitution of the U.S.

Question 6

28 USC 1441

Answer 6

Removal: When fed court has original jurisdiction, can remove if they have SMJ

Question 7

28 USC 1445

Answer 7

Non-Removable actions:

Question 8

28 USC 1446

Answer 8

Removal Procedure: 30 days after the amended pleading, cannot diversity remove more than a year filing and the amt in controversy must be met

Question 9

28 USC 1447

Answer 9

Procedure after removal: motion for remand 30 days after filing of notice of removal

Question 10

28 USC 1448

Answer 10

Process after removal: preserves defendant right to remand

Question 11

28 USC 1652

Answer 11

Rules and Decision Act

The laws of the states, except where the Constitution or treaties of the United States or Acts of Congress otherwise provide, shall be regarded as rules of decision in civil actions in the courts of the United States

Question 12

28 USC 2071(a)

Answer 12

Rules Enabling Act: gives fed courts the right to prescribe rules for conduct of their business

Question 13

28 USC 2072

Answer 13

Rules Enabling Act: gives fed courts the power to prescribe rules of practice, procedure, and evidence as long as they do not abridge, modify, or enlarge any substantive right

Question 14

FRCP 8(a)

Answer 14

Pleading:

(1) a short and plain statement of the grounds for the court’s jurisdiction

(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and

(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

Question 15

FRCP 4(a)

Answer 15

Summon Requirements: name the court and the parties;

be directed to the defendant; state the name and address of the plaintiff’s attorney; state the time when defendant must appear; notify defendant that a failure to appear and defend will result in a default judgment; be signed by the clerk; and

bear the court’s seal.

Question 16

FRCP 4(c)

Answer 16

Service: with copy of complaint and summons; anyone older than 18 can serve

Question 17

Other Service Requirements under FRCP 4

Answer 17

Notice must be received by:

Agent authorized to receive

The person themselves

If the person themselves is not home,

A person of “suitable age/discretion” who resides there at the residence” may accept the notice

State statutes will specify an age, some will not

A corporate defendant can be served by delivering a copy of the complaint and summons to any of these three: a corporate officer, a corporation’s managing or general agent, or any other agent authorized by appointment to receive a summons on the corporation’s behalf

Question 18

FRCP 8(b)

Answer 18

Answers: Defenses; Admissions and denials; defendant must admit or deny everything, otherwise its admitted

Question 19

FRCP 8(c)

Answer 19

Affirmative defenses: defendant must assert any affirmative defenses

Question 20

FRCP 12(a)

Answer 20

Motion to dismiss: must be within 21 days of being served

Question 21

FRCP 12(b)

Answer 21

Reasons for MtD: lack of SMJ; PJ; Venue; insufficient process; Service of process; failure to state a claim upon which relief can be granted; failure to join a party under Rule 19

Question 22

FRCP 12(c)

Answer 22

Motion for judgement of pleadings: plaintiff can move for if defendant admits to facts as to satisfy every element of a claim

Question 23

FRCP 13(a)

Answer 23

Counter Claims: Defendant must assert any counter claims arising out of the same facts

Question 24

FRCP 13(b)

Answer 24

Counter Claims: any compulsory CC not asserted are waived

Question 25

FRCP 15(a)

Answer 25

Amended Pleadings: Amend as a right within 21 days; after there must be consent of parties, or if the court decides justice would require amendments

Question 26

FRCP 15(c)(d)

Answer 26

Amending/supplemental pleading: can add claims after statute of limitations if the claims relate back to the original claim; can also switch out defendant with correct one if the correct party knew it would have been in the suit but for a mistake concerning their proper identity

Question 27

FRCP 11(a)

Answer 27

Signing Docs: every submission to court must be assigned by an attorney on the case (except in discovery)

Question 28

FRCP 11(b)

Answer 28

Requirements to not get sanctioned: can't submit stuff for an improper purpose; the contentions must be warranted by law or by a non-frivolous argument attempting to modify the law; factual contentions must have evidentiary support; the denials of factual contentions are warranted based on information available

Question 29

FRCP 11(c)

Answer 29

Sanction types: can be imposed on anyone; the other party or court can move for sanctions; court can order a party to show why they did not violate 11(b); can be non-monetary or monetary but based on what is needed to deter conduct

Question 30

28 USC 1927

Answer 30

Sanctions at any point: for an attorney at any point through litigation for their conduct

Question 31

FRCP 26(a)(1)(A)

Answer 31

Initial Disclosure: All people likely to have discoverable information; list of documents in the party's control; calculation of damages; insurance information

Question 32

FRCP 26(b)(1)

Answer 32

Can discover anything non privileged. Does not have to be admissible

Question 33

FRCP 26(b)(3)-(4)

Answer 33

Cannot discover things preparted in anticipation of litigation except if they are discoverable under (b)(1) and the party shows it has need for the items and it would be expensive to find a substantial equivalent

Question 34

FRCP 26(b)(2)(C)

Answer 34

Exceptions to discovery: Unreasonably cumulative, duplicative or there are other easier and cheaper sources; if the other party had ample time to discover the info; or if the discovery is outside the scope of 26(b)(1)

Question 35

FRCP 26(c)

Answer 35

Protective Orders: can designate things as sensitive, usually attorney's eyes only

Question 36

FRCP 30

Answer 36

Depositions: testimony under oath, by agreement usually after document production

Question 37

FRCP 33

Answer 37

Interrogatories/Contention Interrogatories: limited to 25, responses to factual questions or questions about arguments and legal theories, all under oath (usually throughout discovery or after the close of discovery)

Question 38

FRCP 34

Answer 38

Requests for Production: all responsive documents or electronically stored information in the parties custody

Question 39

FRCP 34(b)(1)(A-C)

Answer 39

Discovery Procedure: the request must describe with reasonable particularity the items to be inspected; must specify a reasonable time place and manner for the inspection; specify the form or forms in which the ESI is to be produced

Question 40

FRCP 34(b)(2)(b)

Answer 40

Responding to each Item: response states what will be permitted, and what will be objected and the grounds for objecting the request and why with specificity

Question 41

FRCP 35

Answer 41

Mental or Physical Exam: can request an examination when a medical condition is at issue

Question 42

FRCP 36

Answer 42

Requests for Admission: Can request specific facts to be admitted

Question 43

FRCP 37

Answer 43

Order to Compel: Rare; court orders a party to produce discovery request

Question 44

FRCP 37(b)(2)

Answer 44

Penalties for discovery: Penalty of default judgment for not complying with compel order

Question 45

FRCP 50

Answer 45

Judgment as a matter of Law: After being fully heard at trial; court can resolve the issue if it finds a reasonable jury does not have legally sufficient evidence to find on an issue; Motion can be made any time before the case is submitted to the jury and must specify the judgment sought and the law and facts that entitle movant

Question 46

FRCP 56(a)

Answer 46

Summary Judgment: after discovery and before trial; when there are no genuine disputes over material fact; Motion includes a statement of the issues to be decided by the court and a statement of Undisputed material facts (if using evidence to support, then must cite to evidence

Question 47

FRCP 16(e)

Answer 47

Pretrial Conferences; Scheduling; Management

Question 48

FRCP 26(a)(3)

Answer 48

Pretrial disclosures

Question 49

FRCP 47

Answer 49

jury selection

Question 50

FRCP 51

Answer 50

jury instructions

Question 51

FRCP 48

Answer 51

Jury Deliberation and Verdict

Question 52

FRCP 42

Answer 52

Consolidation and Separate Trials: When actions involve a common question of law or fact the court can join, consolidate actions, or issues; can also separate issues into different trials

Question 53

FRCP 16

Answer 53

Reasons for Pretrial Conference: one reason is to facilitate settlement

Question 54

FRCP 68

Answer 54

Settlement Offer: At least 14 days before the trial, lists out the terms; can be unaccepted but allows for another offer later; offer can be made after liability is determined but at least 14 days before the hearing of extent of liability; if not accepted and lose then have to pay

Question 55

FRCP 59

Answer 55

Motion for New Trial: judge can grant if jury decision was against clear weight of evidence, or there was a process error like improper jury instructions

Question 56

FRCP 23(a)

Answer 56

Class actions prerequisites: class is so numerous that joined of all members is impractical; there are common questions of law or fact to the class; claims or defenses of representatives are typical of the class; representatives will fairly protect the interests of the class

Question 57

FRCP 23(b)

Answer 57

Types of class actions; (1) for separate actions that would create a risk of inconsistent adjudications; (2) when the other party has refused to act on grounds that generally apply to the class so the class is seeking injunctive or declaratory relief for the class as a whole; (3) is the most common typically seeking monetary damages (requires the common question of fact or law to predominate over the other questions by individual members, must be the main issue

Question 58

28 USC 1367

Answer 58

Supplemental Jurisdiction: Codifies Gibbs, adds exceptions to supp juris, (does not mention plaintiffs joined permissively (Rule 20) or class members joined under rule 23)