civ pro 2

Question 1

Initial Disclosures

Answer 1

must disclose info regarding individuals having discoverable info, documents supporting claims/defense, etc.

Generally withing 14 days of parties’ discovery conference

CA: No required automatic disclosures but parties may agree to initial disclosure

Question 2

Expert Testimony

Answer 2

Identify expert witness and produce expert reports.

At least 90 days before trial or 30 days after disclosure of opposing party’s expert evidence on same subject matter

Question 3

Scope of Discovery

Answer 3

party may seek to obtain any non-privileged matter that’s relevant to claim/defense AND proportional to needs of the case

Question 4

Relevance

Answer 4

Info need not be admissible in evidence to be discoverable.

CA: Disclosure of all material relevant to subject matter of litigation

Question 5

Experts

Answer 5

expert witnesses may be deposed but expert report drafts and disclosures are protected. Party must disclose identify of expert witness expected to testify at trial and provide written report or summary to opposing party within 90 days before trial

CA: Can request all parties simultaneously disclose expert witness lists, details of trial testimony and all writings/reports and experts be available for deposition

Question 6

Work product

Answer 6

Party can’t discover documents prepared in anticipation of litigation unless other party can show substantial need and cannot without undue hardship obtain a substantial equivalent by other means

CA: Attorney’s impression, conclusions or opinions are absolutely privileged

Question 7

Discovery Conference (Rule 26f)

Answer 7

parties must meet and confer at least 21 days before scheduling conference to consider nature of claims/defense

CA: Ct must hold initial case management conference within 180 days of filing complaint. Parties required to meet and confer regarding planning of discovery

Question 8

Oral Depositions

Answer 8

can take place any time after discovery conference

limited to 10 per party unless showing of good cause to court

CA: 20 days time limit on notice of deposition. No limit on number

Question 9

Written Depositions

Answer 9

(1) cross questions must be served within 14 days after service of direct questions
(2) redirect questions must be served within 7 days after service of cross-questions
(3) re-cross questions must be served within 7 days after service of redirect questions

Question 10

Interrogatories

Answer 10

25 written interrogatories per party relating to non-privileged matters relevant to case and proportional to needs of case. If additional question, must either withdraw extra or seek courts permission

CA: Unlimited number of interrogatories and up to 35 specially drafted interrogatories

Question 11

Request to product documents (RFAs)

Answer 11

party has 30 days from being served with request or 30 days from parties first Rule 26f conference, if request was served prior to that conference to respond

Question 12

Physical/mental exams

Answer 12

court may order person to submit exam if physical or mental condition is in controversy. Ct order + show of cause

CA: attorney must be permitted to attend examination

Question 13

Request for Admissions (RFAs)

Answer 13

party can serve written request for admissions on any relevant, nonprivileged matter relating to statements or opinions or facts

CA: limit admissions to 35 requests

Question 14

Subpoena

Answer 14

Issued from court where action is pending, used to command nonparty to take an action

Question 15

attorney-client privilege

Answer 15

protects info exchange confidentially between client and attorney. Convo must be intended to be confidential and was made for purpose of obtaining legal advice

Question 16

motion to compel

Answer 16

If party fails to respond to discovery that has been properly served, then the party seeking the info may move to compel such discovery.

Motion must be served on all parties + accompanied by a certificate that the movant has in good faith conferred or attempted to confer with the opposing party in an effort to obtain the disclosure of info without court action.

Question 17

sanctions

Answer 17

if party fails to obey court order regarding discovery, courts may impose sanctions subject to abuse of discretion standard

Question 18

voluntary dismissal

Answer 18

by filing notice, stipulation or court order w/o prejudice.

CA: after commencement of trial, P can only dismiss with prejudice

Question 19

involuntary dismissal

Answer 19

when P fails to prosecute/comply with Rules or court order D can move to dismiss which if granted is with prejudice and operates as an adjudication on the merits

Question 20

2-Dismissal Rule

Answer 20

a voluntary dismiss of a second action operates as an adjudication on the merits when the plaintiff voluntary dismissed:
(1) the first action in federal court or state court and
(2) the second action based on the same claim in federal court by filing notice of dismissal

Question 21

Default judgment

Answer 21

By Court Clerk – may be entered if (1) D hasn’t responded at all (2) claim is for money damages (3) P gives an affidavit of sum owed and (4) D is not a minor or incompetent

By Court – Ct must enter and hold a hearing on damages

Question 22

Summary Judgment

Answer 22

shall be granted if moving party shows no genuine dispute as to material fact + is entitled to judgement as a matter of law. Ct will construe evidence in light most favorable to P. May be filed within 30 days after close of all discovery

Question 23

Declaratory judgment

Answer 23

court tells parties their rights and responsibilities w/o awarding damages or ordering parties to do so

Question 24

Form of Verdicts

Answer 24

Special: written finding made by jury on each issue of ultimate fact

General: typically decision by jury as to prevailing party

General with special interrogatory: used to ensure that jury independently considered material facts of case

Question 25

Judgment as a matter of law

Answer 25

prior to submission to jury, party can file JMOL. granted if no reasonable jury could finding for the nonmoving party.

Question 26

JMOL/Directed Verdict

Answer 26

can be made by D at the end of case or either party after both sides rest. Reasonable jury wouldn’t have legally sufficient evidentiary basis to find for nonmoving party. Ct views evidence in light most favorable to party opposed. Any time before case is submitted to jury

Question 27

Renewed JMOL

Answer 27

if court doesn’t grant directed verdict, movant can file JNOV no later than 28 days after entry of judgement. Case can be granted on grounds raised in pre-verdict motion

Question 28

Motion to amend/make additional findings

Answer 28

(nonjury trial) must be made within 28 days of entry of judgement

Question 29

relief from judgment or order

Answer 29

court can relieve party of final judgement within reasonable time and no later than 1 year following judgment entry for (1) mistake (2) newly discoverable evidence or (3) fraud, misrepresentation of opposing party

Question 30

appeals

Answer 30

must generally be filed with district clerk within 30 days after judgment or order being appealed is entered. If its a federal govt, agency or official, then within 60 days of judgment CA: Once trial ct enters judgment against one party and leaves no further issues for resolution, its deemed a final judgement and is immediately appealable

Question 31

final judgment rules

Answer 31

federal courts of appeals have jx over appeals of final judgment of district court

Question 32

Standard of review

Answer 32

De Novo – pure legal issues Clear error – factual issues in bench trial Substantial evidence – factual issues in jury trials Abuse of discretion – discretionary rulings by judge

Question 33

full faith and credit clause

Answer 33

if valid judgemnt rendered by court that has jx over parties, and parties receive proper notice and reasonable opportunity to be heard, judgment will receive same effect in other states

Question 34

claim preclusion (res judicata)

Answer 34

prevents relitigation of any part of cause of action thats been adjudicated on its merits. Valid judgement on merits Sufficiently identical claims Sufficiently identical parties

Question 35

Issue preclusion (collateral estoppel)

Answer 35

same issues, actually litigated, final and valid judgement, essential to judgement

Question 36

motion to quash

Answer 36

court may modify or quash a subpoena that requires (1) disclosing unretained experts info/opinion that doesn’t describe specific occurrences in dispute and results from experts independent study instead of party’s request or (2) trade secret or other confidential research, development or commercial info

Question 37

7th amendment demand for jury trial

Answer 37

party may demand a jury trial on any triable jury issue by (1) serving other parties with written jury demand no later than 14 days after the last pleading directed to the issue is served and (2) filing demand with court within reasonable time after service - extends to legal but not equitable issues. AIC exceeds $20

Question 38

stay of execution/enforcement

Answer 38

most final judgements are automatically stayed for 30 days unless court states otherwise. doesn’t apply to orders (1) granting injunction/receivership or (2) directing an accounting in patent-infringment action. These orders can be enforced and executed immediately

Question 39

rule 26(f) conference

Answer 39

a party may generally not seek discovery until after the discovery conference pursuant to Rule 26f. Rule 26f requires that the parties confer as soon as practicable and in any event at least 21 days before scheduling conference is to be held or scheduling order is due

Question 40

discovery challenge

Answer 40

When discovery is challenged, the court must weigh the party’s interests in seeking discovery against the privacy interests of the party resisting discovery.