Civ Pro

Question 1

Joiner of Claims

Permissive

R.18

Answer 1

Permissive Claim
A plaintiff MAY combine as many claims as they have against a defendant in one case

Each needs its own SMJ

not same t/occ

Question 2

Joinder of Claims

Compulsory Counter Claim

Rule 13(a)

Answer 2

Compulsory claim
A plaintiff MUST state a claim that arises out of the same T/occ

Does not required additional party who the court has no jur over

Question 3

Test for

Same transaction or occurance

Answer 3

Same issues of fact/law
Would res judicata bar
Same evidence
Logical relation (same aggreage of operative facts)

Question 4

Joinder of claims

Permissive Counterclaim

R.13(b)

Answer 4

Permissive counterclaim
if not same t/occ
May state

needs own smj or §1367

Question 5

Joinder of claims

Permissive Crossclaim

R.13(g) Co-defendants

Answer 5

Crossclaim
A party MAY state a cross claim if the claim arises out of the same t/occ that is subject matter of the OG action or counterclaim

needs own smj or §1367

Question 6

Joinder of parties

Permissive Joinder of Parties

R.20 Plaintiff + defendant

Answer 6

May join in action if
Same t/occ or series AND
Common question of law or fact

needs own smj or §1367

Permissive joinder plaintiff

Question 7

Joinder of Parties

§1367(B)

Supplemental jur + joined parties

Answer 7

In actions based solely on diversity (§1332), court can’t have supp jur over claims by P against parties made under R. 14, 19,20, 24 or
Inconsistent w/ diversity

Question 8

Joinder of Parties

Impleader

R.14. 3rd party, impleader

Answer 8

IMPLEADER
Claims against 3rd Parties
A defending party MAY, serve a summons and complaint on a non-party who is or may be liable to it for all or part of the claim against it (shared liability not burden shift)

ex. Price Chicken coop case, contractor sues the nail comp

if I am liable, they are too

Question 9

Joinder of parties

Intervention

R. 24

Answer 9

Intervention
ANYONE (w/i timely appl.)
MUST BE PERMITTED TO INTERVENE, if,
* claims an interest, and
* ability to protect interest impaired
* unless adequately represented

own SMJ or §1367 against Defendant or Plaintiff

You intervine

Question 10

joinder of claims

Person the court Must add

r.19(a)

Answer 10

Must be joined if in its absense
The court cannot accord complete relief
* Incomplete relief
* Claims an interest (non-parties)

• Ability to protect their own interest impaired (non-parties)
• Joined to prevent inconsistent obligations (parties)

Question 11

Discovery

Type of discovery you can get

FRCP 26(b)

Answer 11

Parties may obtain discovery of any NON-PRIVILEGED matter that is RELEVANT to the claims or defenses and PROPORTIONAL to the needs of the
case.

Relevance as having “any tendency to make a fact [of consequence to the applicable law] more or less probable …”
Information need not be admissible in evidence to be discoverable,

Question 12

Class actions

Requirements needed

Answer 12

Numerosity
Commonality
Typicality
Representative adequacy
AND FALL into one of these 3
1. Seperate action creates risk of
* inconsistent adjudications
* impaired interest
2. Injunction relief
3. Common question of law or fact

Question 13

endings

Relief from judgment when

Answer 13

1. Mistake, inadvertance, excusable negligence
2. New evidence that w/ due diligence could not have been discovered
3. Fraud, misrepresentation, or misconduct from other party
4. Judgment is void
5. Judgment has been satisfied, released, or discharged
6. any other reason
   1-3 w/in 1 yr of judgment
   4-6 w/in reasonable time

Question 14

Endings

Judgment as a matter of law

directed verdict (r.50)

Answer 14

no reasonable jury had a legally sufficient evidentiary basis
Must be on a renewed motion

looked at by the court in the light most favorable to nonmovant

Question 15

endings

summary judgment

r.56

Answer 15

No genuine issue of material fact and the movemant is entitled to judgment as a matter of law
ex. no facts indispute
no proof of facts
d negates P claim

looked at by the court in the light most favorable to nonmovant

Question 16

discovery

Initial Disclosures

frco 26(a)(1)(A)

Answer 16

(i)) individuals with info …
may use to support …
(ii) documents and things …
may use to support …
(iii) computation of
damages and supporting
documents
(iv) liability insurance
agreements
(at or w/i 14 days after R.
26(f) conference

Question 17

Endings

declaratory judgment

Answer 17

declaration of legal rights/obligations
resolves legal uncertainty for litigants

Question 18

Discovery

FRCP 33

Interrogatories

Answer 18

Written questions to a PARTY,
Limited to 25,
Answered w/i 30 days,
option to produce records where
answer found

Question 19

Discovery

Request to produce

frcp 34

Answer 19

Request to a PARTY to copy or
inspect documents and things;
NON-PARTIES compelled to
disclose through FRCP
45(a)(1)(A) (iii) subpoena.

Question 20

Discovery

Depositions

frcp 30

Answer 20

Oral examination under oath of
PARTY and NON-PARTY,
Limited to 10 depos,
1 day, 7 hours each.

Question 21

Discovery

Physical & Mental examination

frcp 35

Answer 21

PARTY whose condition is in
controversy may be examined
by Court Order on motion for
“good cause,”
Report given to other side upon
request

Question 22

Discovery

Request to Admit

frcp 36

Answer 22

PARTY requested to admit:
facts, application of law,
genuineness of documents.
Admitted if no response w/i
30 days.

Question 23

Discovery

Required Pre-trial Disclosures

frcp 26(a)(2) + FRCP 26(a)(3)

Answer 23

(A) EXPERTS who will testify
(B) written report of opinions, basis, and reasons;
(D) 90 days before trial.
FRCP 26(a)(3)
(A)(i) WITNESSES (ii) DEPOS (iii) EXHIBITS,
(B) 30 days before trial

Question 24

Joinder of parties

Class actions FRCP 23

Answer 24

Plaintff[s] on behalf of themselves and all other similarly situated
Precluded by a valid, final judgment
* Named plaintiffs (class reps)
* Unnamed class members, all others
Can opt out

Question 25

# Pre-trial scheduling r.16(b)(1) | scheduling order

Answer 25

“the district judge ... MUST issue a scheduling order ...” w/i the earlier of the court may order attys to appear

Question 26

# Discovery r.26(b)(1) Parties may obtain discovery of any matter that is | scope and limits

Answer 26

Non-privileged relevant to any party’s claim or defense proportional to the needs of the case

Question 27

# Discovery r.26(b)(2)(B) | burden

Answer 27

provides that discovery responses of ESI need not be provided if requested in a form that is not readily accessible because of burden or cost

Question 28

# Discovery r.26(b)(2)(C) | limitations

Answer 28

the court MUST limit the frequency of extent of discovery otherwise allowed by the rules if: (i) unreasonably cumulative or duplicative, or can be obtained from another source which is more convenient, less burdensome, or less expensive; (ii) there has been amble opportunity to obtain the information; (iii) the discovery is outside the scope of R 26(b)(1)

Question 29

# Discovery r.26(b)(3) | not subject to discovery, atty qork product

Answer 29

provides that materials prepared in anticipation of trial may not be subject to discovery, UNLESS there is a showing of * substantial need to prepare the case, * and an equivalent cannot be obtained without undue hardship

Question 30

# discovery r.26(g)(1) | signed

Answer 30

requires all disclosures, discovery requests, responses, and objections must be signed by an attorney or unrepresented party, which certifies: A. disclosures are complete and accurate B. discovery requests, responses, and objections are (i) consistent with FRCP and warranted by existing law (ii) not interposed for an improper purpose (iii) not unreasonable or unduly burdensome or expensive R. 26(g)(3) provides that sanctions (expenses and attorney’s fees) for improper certification must be imposed

Question 31

# Discovery Protective order | r.26(c)

Answer 31

order wanting to forbid the disclosure of discovery to protect a party from annoyance, embarrassment, oppression, undue burden, or expense

Question 32

# Discovery Motion to Compel | r.37

Answer 32

Make a party answer when the party has failed to disclose

Question 33

# steps default judgment

Answer 33

d served but does not answer R. 55(a) – Clerk enters default THEN TR. 55(b)(1) - “sum certain” or made certain by computation” * Clerk enters default judgment #Unless D is a minor or incompetent OR TR. 55(b)(2) – “all other cases,” P must “apply to the court,” for [prove up] default judgment *If D has appeared, entitled to at least 7 days notice. #If a minor or incompetent, default judgment entered only if represented by a person who has appeared.

Question 34

dismissals: voluntary | First step

Answer 34

Determine if a court order is required and whether the dismissal is an adjudication on the merits

Question 35

dismissals; voluntary | Court order is not req'd

Answer 35

not req'd if P's notice of dismissal is filed * Before, D has served an answer or SJ Motion, OR * Stipulation of dismissal The voluntary dismissal is “without prejudice,” # UNLESS the notice or stipulation of dismissal states otherwise, See, 41(a)(1)(B); OR #P has previously dismissed the same claim in any proceeding, state or federal, See, 41(a)(1)(B)

Question 36

dismissal voluntary | court order req

Answer 36

if p's notice of dismissal is filed * after D has served an answer or SJ motion The voluntary dismissal is “without prejudice,” #UNLESS the Court order states otherwise, See, 41(a)(2): * no court order is required after MTD-FSC or other R. 12 pre-answer motion has been served

Question 37

# general Involuntary dismissals

Answer 37

consider whether the dismissal is an adjudication on the merits, putting a final (res judicata) end to a case, leaving appeal as the only recourse

Question 38

Involuntary Dismissal: effect

Answer 38

If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it UNLESS the dismissal order states otherwise*, a dismissal under this subdivision (b) and any dismissal not under this rule—operates as an adjudication on the merits. EXCEPT one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19—

Question 39

Interpleader | r.22

Answer 39

A person may leave the P open to multiple r double obligations may be required to interplead * Need complete diversity between all parties * Service under rule 4 * Venue ## Footnote Bag of money case

Question 40

Statutory Interpleader | Statute Sec 1335

Answer 40

Minimal diversity between claimants and $500 Nationwide sericeve of process Venue anywhere a claimant resides

Question 41

# Joinder of Claims Analysis Steps

Answer 41

May/Must the claim be joined persuant to applicable rule? Does the claim proposed to be joined have its own basis for SMJ? If no SMJ, is there supplemental Jurisdiction, "same case or controversy" over the claim?

Question 42

# Joinder of Parties Analysis

Answer 42

May/Must the party be joined pursuant to applicable rule? Does the court have PJ over joined parties? Does the claim by or against the joined parties have its own SMJ? IF no SMJ, is it w/in Supplemental Jur, "Same case or controversy"? IF SMJ of OG case is based on diverisity then apply * NO SMJ over claims by a D under 14, 19, 20, 24 * NO SMJ over claims by P under 19 or 24

Question 43

# Discovery Sequence/process

Answer 43

1. r.34 early request to produce 2. Discovery Conference 3. Required intial disclosure 4. Scheduling order 5. Pretrial conference 6. request for compelled discovery 7. Discovery deadline at sate set in r.16 scheduling order

Question 44

Claim preclusion

Answer 44

same claim (same t/occ) Between the same parties (+privity) Determined by final judgment on the merits May not be relitigated (affirmative defense)

Question 45

Issue preclusion

Answer 45

Issue of law or fact Actually litigated valid + final judgment by a determination essential to the judgment Is conclusive between the parties in the same or a different claim (if nonmutual against the party) * essentially, a previous party who had the opportunity to litigate ## Footnote can be asserted against a party who had a fair opportunity to litigate the issue

Question 46

On the merits?

Answer 46

Summary Judgment Judgment as a matter of law Trial verdict Discovery sanctions Failure to state a claim

Question 47

Not on the merits

Answer 47

SMJ PJ Venue r.19

Question 48

defensive issue preclusion

Answer 48

P1 -> D (verdict for D) P2 -> D (No issue Preclusion bc P2 didnt have opp. P1 -> D1 (Verdict for D) P1 -> D2 (Yes issue preclusion b/c P1 had the opportunity to litigate and lost (ex. patents)

Question 49

offensive Issue preclusion

Answer 49

Need to check these first 1. wait and see 2. same insentive to litigate 3. prior inconsitant judgment 4. same procedure opportunities