Federal Civil Procedure Flashcards
(10 cards)
Are jointly and severally liable tortfeasors required parties to join?
Alleged tortfeasors facing joint and several liability are not required parties because (1) complete relief can be granted in their absence, (2) the tortfeasors in the suit will not be subjected to multiple or inconsistent obligations, and (3) the absent tortfeasors can adequately protect their interests in a future action.
Final-judgment rule and its exceptions
The final-judgment rule bars federal appellate courts from hearing an appeal until the district court has entered a final judgment. But the interlocutory appeals statute provides exceptions to this rule that allow an immediate appeal in limited circumstances.
In Certain Circumstances, An Appeal Can Be Made Prematurely
Injunction, Certification by district court, Class action certification, Appointment of receiver, Admiralty case, Collateral-order doctrine, Bankruptcy cases, Mandamus, Patent infringement order
When can federal trial courts certify an order for interlocutory appeal?
Federal trial courts may certify an order for an interlocutory appeal when: (1) the order involves a controlling question of law as to which a substantial ground for difference of opinion exists; and (2) an immediate appeal from the order may materially advance the termination of the litigation. Following the written certification, the party seeking appeal must apply to the federal court of appeals, which has discretion to grant or deny the application.
What are interlocutory orders?
Interlocutory orders are orders either asserting provisional relief or made upon motion or application during the trial, but which are not final adjudications on the merits.
Which defenses do not have to be raised until as late as trial?
Under FRCP 12(h), the following can be raised as late as at trial: (1) failure to state a claim upon which relief can be granted; (2) failure to join a party; (3) failure to state a legal defense to a claim.
And subject-matter jurisdiction is never waived.
What happens if a privileged document is accidentally produced during discovery?
Because of the huge amount of documents that can be produced during electronic discovery, if a party inadvertently discloses privileged information, it can notify the party opponent, who must then destroy, return, or hold such inadvertently disclosed documents until a determination regarding privilege is made by the court.
When can a plaintiff move to dismiss an action without a court order?
Under FRCP 41, the plaintiff may only dismiss the action without a court order if there is either (1) a motion to dismiss served before the defendant serves an answer, or (2) a stipulation of dismissal signed by all parties who have appeared. The action can also be dismissed by requesting a court order, on terms that the court considers proper.
Is unanimity required in jury trials?
When a right to trial by jury exists, a jury verdict must be unanimous unless the parties have stipulated otherwise under FRCP 48(b).
Where is venue proper?
Venue is proper where: (1) any defendant resides, provided that all the defendants are located in the same state; (2) a substantial portion of events occurred; or (3) any of the defendants are subject to personal jurisdiction, is there is no other district in which the action can be brought.
How should federal courts sitting in diversity interpret state substantive law?
Must follow the rulings by the state’s highest court. If the state’s highest court has never definitively ruled on the issue, the federal court must predict how the state’s highest court would rule by looking to other sources of law. Priority is given in the following order: (1) dicta in related decisions by the state’s highest court, (2) rulings issued by the state’s lower courts, (3) other persuasive authority.
