Civ Pro stuff I keep forgetting 3

Question 2

Most common TYPE of Class Action

Answer 2

(With “common question” suits) you need superiority and to show that common questions predominate. For damages.

Question 3

Class Action Fairness Act (CAFA)

Answer 3

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.

Question 4

Work Product

Answer 4

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

Question 5

Intiial disclosures mnemonic

Answer 5

DISS
(damages calculation, insurance, supporting witnesses, and supporting documents).

Question 6

Interrogatories:

Answer 6

25 per side and a duty to supplement if information changes.

Question 7

Depositions and subpoenas

Answer 7

Depositions and subpoenas: The only method that can be used on a nonparty. (Just 10 per side—one day of seven hours.)

Question 8

Default judgement by JUDGE

Answer 8

By judge with notice seven days before entry of judgment.

Question 9

Timing for demand for jury trial

Answer 9

Must be made within 14 days of SOP of the last pleading raising jury trial issue or else waived

Question 10

When must party propose jury instructions

Answer 10

Before final arguments

Question 11

Must be raisded in a pre-answer motion

Answer 11

• Motion for a more definite statement
• Motion to strike