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Flashcards in Civ Pro Deck (34)
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1
Q

When may a party amend its pleading?

A

As a matter of right within 28 days of service of pleading.

Otherwise, need leave of court.

2
Q

When must party respond to amended pleading?

A

Within 14 days of service, or in the period of time remaining from when the original pleading was filed, whichever is longer.

3
Q

When does claim relate back when it changes the party against whom it is asserted?

A

If:

(1) it arose out of same T/O;
(2) it won’t cause him prejudice and he knows or should have known that he was the proper party, but for mistake.

4
Q

How many alternate jurors?

A

4

5
Q

What are requirements for verdict?

A

Must be in writing; must be signed by each concurring juror.

6
Q

How is court’s involvement with class action different from normal civil action?

A

It may not be dismissed or settled without court approval.

7
Q

How long must a party attempt to serve process?

A

For 28 days.

If unable, plaintiff should file instructions for service with court and return copies he tried to serve for entry on docket.

8
Q

List requirements to make personal service:

A
  1. Must not be party to action;
  2. must be adult;
  3. must be designated by court order
9
Q

In what types of actions may service be made by publication?

A

Real property

Probate

Defendant is Ohio corporation, but has not place of business in Ohio.

Defendant is Ohio resident, but has left Ohio.

10
Q

How can plaintiff dismiss claims?

A

Filing notice of voluntary dismissal if no counterclaims pending; or

Filing stipulation of dismissal signed by all parties

11
Q

When is a counter-claim compulsory?

A
  1. arises out of same T or O;

2. Existed at time of pleading

12
Q

Permissive interpleader:

A
  • statute gives court discretion to let him interplead; and
  • he alleges that his interest will not be adequately protected or exposed to multiple or inconsistent liability if not allowed to join
13
Q

Interpleader as of right:

A

Statute gives the right

14
Q

When can default judgment be entered against minor?

A

Only if he is represented and his representative has appeared in the action

15
Q

When can a party move for judgment on the pleadings?

A

When pleadings are closed, but can’t wait so long as to delay the trial.

16
Q

What is standard for judgment on the pleadings?

A

If plaintiff is not entitled to relief asserted in complaint under no set of facts.

17
Q

When is magistrate’s decision final?

A

Only if it is adopted by court

18
Q

What are grounds for granting new trial?

A

Newly discovered evidence

Excessive/too low verdict

Verdict contrary to law

Not sustained by weight of the evidence

Error of law

Misconduct of jury/prevailing party

Accident/surprise

19
Q

When must motion for new trial be made?

A

Within 14 days

20
Q

What will court do if joinder not feasible?

A

Determine whether action should proceed or be dismissed because party who can’t be joined is “indispensable”

21
Q

What are factors for deciding if case should continue despite inability to join indispensable party?

A

Prejudice to parties;

Whether judgment without indispensable party would be adequate;

How court can shape relief to lessen prejudice?

22
Q

What is standard for TRO?

A

Must show:

  1. danger of imminent and irreparable harm;
  2. applicant’s attorney certifies efforts taken to give notice and why notice shouldn’t be required
23
Q

Over what actions do Ohio Supremes have jurisdiction?

A

Mandamus

Habeas Corpus

Admission to practice of law

24
Q

Limit on punitives for individual defendant/small employer:

A

10% of net worth or max of $350K

25
Q

What is cutoff to file MSJ if no governing court order?

A

Once case is set for pretrial or trial

26
Q

How must plaintiff name party if he does not know name?

A

Must aver that he does not know name and could not discover it.

Pleading must state “name unknown” somewhere.

27
Q

What is size of civil jury?

A

8, unless lower number demanded.

28
Q

When can motion for directed verdict be made?

A
  • Opposing statement of opponent
  • At close of opponent’s evidence; or
  • At close of all evidence
29
Q

List elements of claim preclusion:

A
  1. prior suit that proceeded to final judgment on the merits;
  2. present suit arises out of same claim;
  3. same claimant against same defendant or privity
30
Q

List elements of issue preclusion AKA collateral estoppel:

A
  1. Prior litigation that raised identical issue;
  2. Issue was actually litigated;
  3. party against whom estoppel is being asserted had fair and full chance to litigate it;
  4. issue was necessarily decided and rendered as necessary part of judgment
31
Q

What is SOL for defamation, medical malpractice?

A

1 year

32
Q

What is SOL for trespass/conversion/fraud?

A

4 years

33
Q

What is SOL for bodily injury or property injury?

A

2 years

34
Q

SOL for contracts?

A

If oral > 6 years

If written > 8 years