Civ Pro Stuff I Keep Forgetting

Question 1

Issue preclusion elements

Answer 1

…

Question 2

Limits on REMOVAL

Answer 2

• Only Defendants can remove!
• Cases must be removed by the defendant within 30-days of when the defendant realizes the case is removable (but not over a year in diversity cases).
• Defendants cannot remove on the basis of diversity if any defendant is from the state where they are sued.

Question 3

Erie Doctrine

Examples Where Federal Law applies (bc it’s procedural)

Answer 3

1. Issue involves Fed consittution - any issues of trial by jury
2. Fed statute - venue transfer
3. FRCP, FRE
4. Judge vs Jury determinations and right to a jury trial (7th Amendment)
5. Bifurcation of trial (trying damages and liability seperately)
6. Class Actions

Question 4

Erie Doctrine

Examples where State Law applies (bc Substantive)

Answer 4

1. Which party has the BOP
2. Which SOL applies
3. CAPS on damages
4. Elements of claims or defenses
5. CHOICE OF LAW rules (fed court applies choice of law rules of state) (conflict of law rules)

Question 5

Affirmative defenses

Answer 5

Must be in first answer.

Include:
* Res judiciata
* SOL
* …

Question 6

When can judgement on pleadings be brought?

Answer 6

Anytime through trial

Question 7

Motions that must be raised in a PRE-ANSWER MOTION (before the answer)

Answer 7

• Motion to strike
• Motion for a more definite statement

Question 8

When is Work rpoduct discoverable?

Answer 8

Work product is not discoverable unless there is a substantial need and undue hardship.
However, an attorney’s mental impressions are never discoverable.

Question 9

Initial disclosures

Answer 9

Made within 14 days of 26(f) conference.
Include these four thigns: [DISS]
*