Civ Pro stuff I keep forgetting 3 Flashcards
Most common TYPE of Class Action
(With “common question” suits) you need superiority and to show that common questions predominate. For damages.
Class Action Fairness Act (CAFA)
Class Action Fairness Act (CAFA) allows federal courts to have jurisdiction if there are 100 or more plaintiffs seeking over $5 million and have minimal diversity.
Minimal diversity = any member of P class is diverse from any D.
Work Product
Work product is not discoverable unless there is a substantial need and undue hardship. However, an attorney’s mental impressions are never discoverable.
Intiial disclosures mnemonic
DISS
(damages calculation, insurance, supporting witnesses, and supporting documents).
Interrogatories:
25 per side and a duty to supplement if information changes.
Depositions and subpoenas
Depositions and subpoenas: The only method that can be used on a nonparty. (Just 10 per side—one day of seven hours.)
Default judgement by JUDGE
By judge with notice seven days before entry of judgment.
Timing for demand for jury trial
Must be made within 14 days of SOP of the last pleading raising jury trial issue or else waived
When must party propose jury instructions
Before final arguments
Must be raisded in a pre-answer motion
- Motion for a more definite statement
- Motion to strike
