Civil Procedure Flashcards
(26 cards)
Special rule for businesses and venue selection
Is the business subject to PJ for the particular case
Complete diversity standard
Citizens of different states or citizen of a state and citizen of a foreign country AND >75,000
3 requirement of complaint
Statement of grounds for SMJ
Short and plain statement of the claim showing entitled to relief
Demand for relief sought
Standard of a complaint and requirement of short and plain statement of the claim
Facts supporting a plausible claim
3 topics In a complaint that mush have specificity
- Fraud
- Mistake
- Special damages
How long does defendant have to answer a complaint
21 days
Which 12b defenses are waivable
Lack of pj
Lack of venue
Failure to serve process
Improper process
3 types of required disclosures in discovery
Initial disclosures
Expert witness
Pretrial disclosure
4 types of initial disclosures
Identities of persons to SUPPORT
Identities of documents and things to SUPPORT
Computation of monetary relief
Insurance coverage
When must required disclosures occur
Within 14 days of rule 26f conference
What must be disclosed of the expert witness
Identity and written report
What must be in the expert witnesses report
Opinions Bases of opinions Facts used Expert's qualifications How much expert is paid
Requirements of pretrial disclosure
No later than 30 days before trial, must give detailed information about trial evidence including identity of witnesses to testify live or by deposition
What are the 5 discovery tools and when can you first request?
First request after the 26f conference
- Depositions
- Interrogatories
- Requests to produce
- Medical exam
- Request for admission
Scope of discovery standard
Relevant - reasonably calculated to lead to discovery of admissible evidence
Proportionality- court can limit discovery if request is cumulative or burden outweighs the importance of the issue
Standard for work product
Materials prepared in anticipation of litigation
Standard to overcome work product
- Substantial need
2. Not otherwise available
4 document a considered absolute work product
- Mental impressions
- Opinions
- Conclusions
- Legal theories
4 requirements of class action
Numerous
Commonality
Typicality
Representative adequate
4 requirements for clerk to give default judgment
- Defendant made no response at all
- Claim itself is for a sum certain in money
- Claimant gives affidavit of the sum owed
- Defendant is not a minor or incompetent
If default not by clerk and by judge… Does defendant get notice of default
Only if defendant appeared in the case
When can you file motion for summary judgment
Within 30 days of the close of discovery
When must a demand for jury be made
No later than 14 days after service of last pleading raising a jury triable issue
When can you move for renewed motion for judgment as a matter of law
28 days after entry of judgment
