Need to get down Flashcards
(9 cards)
Rule 37 Sanctions - Default Judgement
A court may impose sanctions, including default judgment, when a party fails to comply with discovery orders. In determining whether a “litigation-ending” sanction is appropriate, courts consider several factors, including: (1) the willfulness or bad faith of the noncompliant party;(2) the history of noncompliance;(3) the effectiveness of lesser sanctions;(4) whether the noncompliant party was warned of possible sanctions;(5) the client’s complicity in the noncompliance; and (6) any prejudice to the moving party.
Rule 55 Default Judgement
Under Rule 55(a), when a defendant fails to plead or otherwise defend and that failure is shown by affidavit or otherwise, the clerk must enter default. Under Rule 55(b)(1), if the plaintiff’s claim is for a sum certain or a sum that can be made certain by computation, the clerk must, upon request and affidavit, enter default judgment against a non-appearing defendant who is neither a minor nor incompetent. Under Rule 55(b)(2), in all other cases, the plaintiff must apply to the court, which may conduct hearings or make referrals to determine damages, establish the truth of allegations, or investigate other matters. Under Rule 55(c), the court may set aside an entry of default for good cause and may set aside a default judgment under Rule 60(b).
Rule 60 Relief From a Judgement or Order
On motion and just terms, the court may relieve a party from a final judgment for the following reasons: (i) mistake, inadvertence, surprise, or excusable neglect; (ii) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial; (iii) fraud, misrepresentation, or misconduct by an opposing party; or (iv) any other reason that justifies relief.
Common Nucleus of Operative Facts
Common and operative set of facts, which are a set of facts that are central to the federal and state claims and allows them to be linked together - compare elements and whether the state claims can be resolved or dismissed with affecting the federal clams
Cannot be separated because separation would not allow for an effective declaratory judgement
Summary Judgement Exact First line needed
There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion
Motion to Compel
A party must demonstrate that information is relevant and proportional to a claim or defense in order to prevail on a motion to compel. When deciding whether a discovery request is proportional, the court will consider the importance of the issues at stake and discovery’s role in resolving it, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Information that is disproportionate to the needs of the case and unduly burdensome can include over-broad requests that have no time limitation or are unspecific in the type of inquiry
Non-testifying expert
A non-testifying expert retained in anticipation of litigation is not subject to discovery unless they can show exceptional circumstances demonstrating they have substantial need for it and cannot obtain on their own without undue hardship
Rule 50 (a) Directed Verdict
if a party has been fully heard on an issue, and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, court may (a) resolve the issue against the party; and (b) grant a motion for judgment as a matter of law.
After a party has fully presented their case on an issue, a party may move for judgment as a matter of law, arguing that a jury has no legally sufficient basis to rule for that party
The motion must be made before the case is submitted to a jury
Rule 50(b) Judgement as a matter of law (renewed Directed Verdict)
If 50(a) motion has been filed, the movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial.
§ In resolving a rule 50 motion, the court should consider the evidence in the light most favorable to the non-moving party and grant the judgment only where the evidence so strongly and so favorably points in favor of the moving party that reasonable people could not arrive at a contrary verdict.
After a rule50(a) motion is denied, and a jury delivers a a verdict, a party may make a Renewed motion for a judgement as a matter of law (and can seek a new trial under rule 59)
Motion is made after the jury verdict
