Pre-Trial And Venue

Question 1

1) Complaint

Answer 1

(a) Filing of Complaint start the clock for Statute of Limitation purposes
(b) Service of the Complaint must be completed within 90 days / 3 months

Question 2

2) Elements of the Compliant

Answer 2

(a) Statement of Jurisdiction (JURIS)
(b) Statement of Facts (not theory) (FACTS)
(c) Demand for Relief (WANT)

Question 3

3) Specific Complaint

Answer 3

(a) Fraud and Special Damages

Question 4

4) Answer

Answer 4

(a) Signed by lawyer
(b) Whatever is not denied is admitted
(c) Served within 21 days / 3 weeks of service of Complaint

Question 5

5) Affirmative Defenses

Answer 5

(a) Contributory Negligence
(b) Statute of Frauds
(c) Statute of Limitations
(d) Illegality
(e) Duress

Question 6

1) Amendment as of right

Answer 6

(a) Once within 21 days of service of pleading

Question 7

2) Amend. After 21 Days

Answer 7

(a) Need Court’s permission
(b) “When justice so requires”

Question 8

3) Relation back – To avoid Statute of Limitation Issues

Answer 8

arose out of the same conduct, transaction or occurrence”

Question 9

4) Relation Back (For Parties)

Answer 9

(a) Same conduct, transaction, or occurrence
(b) Within 90 days of filing the party had notice
(c) Knew/should have known but for mistake of ID

Question 10

C) Rule 11

Answer 10

Attorney singed to best of their “knowledge, information, and belief,” there is a basis for the claim
1) Key Words: Warranted by existing law, Evidentiary support, No improper purpose

Question 11

D) Adding or Chaining Parties & Claims

Answer 11

Counterclaim
Compulsory Counterclaim
1) Permissive Counterclaim
2) Permissive Joinder
Compulsory Joinde

Question 12

1) Counterclaim

Answer 12

(a) D raises a claim back at the Π

Question 13

2) Compulsory Counterclaim

Answer 13

(a) Same transaction or occurrence
(b) Supplemental Jurisdiction

Question 14

3) Permissive Counterclaim

Answer 14

(a) NOT same transaction or occurrence
(b) Needs independent jurisdiction

Question 15

4) Permissive Joinder

Answer 15

(a) Single transaction or occurrence
(b) Common question of law/fact

Question 16

5) Compulsory Joinder

Answer 16

Party NEEDS to be joined or action unfair
2 kinds

Question 17

(a) Necessary Party

Answer 17

impair interest’
(i) If cannot join due to jurisdiction – case may STILL PROCEED

Question 18

(b) Indispensable Party

Answer 18

Prejuiduce
(i) If cannot join due to jurisdiction – Case must be dismissed

Question 19

E) Class Certification

Answer 19

(a) Size
(b) Community
(c) Typicality
(d) Representation/conflict

Question 20

2) Types of Class Actions

Answer 20

(a) B1= Impairment of Interests
(b) B2 = Injunctive relief
(c) B3 = Common Question (superior method)

Question 21

3) Opting Out

Answer 21

(a) B1& B2 = Members MAY NOT OPT out
vs
(b) B3 = Members MAY OPT out

Question 22

4) Notice and Class Actions

Answer 22

(a) B1& B2 = Notice NOT required in discretion of Court
(b) B3 = Notice to all Members

Question 23

5) Diversity in Class Actions

Answer 23

(a) Citizenship of the named rep
(b) One member must meet $75k+ req
(i) Or sum of claims = $5 mil.

Question 24

6) Appealability of Class Actions

Answer 24

(a) If certification of class is denied – may be appealed

Question 25

F) Intervention as of Right

Answer 25

(a) Interest in property /transaction (b) Interest is impaired (c) NO court permission is required

Question 26

2) Permissive Intervention

Answer 26

(a) Claim/defense has common question of law/fact (b) Court permission IS required

Question 27

3) Interpleader

Answer 27

(a) 1 party owes something to 2 or more people

Question 28

4) Statutory Interpleader

Answer 28

(a) NATIONWIDE Service (b) Any 2 claimants can be diverse (c) $500 or more at stake (d) Deposit money /property in Court/Bound

Question 29

5) Rule Interpleader

Answer 29

(a) NO nationwide service is required (b) Complete diversity between claimant and ALL opponents (c) $75k + req (d) NOT Required to deposit money

Question 30

6) Impleader

Answer 30

(a) Adding a 3rd Party D who owes part or all of the claim

Question 31

7) Cross-Claim

Answer 31

(a) Co-Party (b) Same transaction or occurrence (c) Actual damages

Question 32

1) Discoverable

Answer 32

(a) Not privileges (b) Relevant (c) “proportionate to needs of the case”

Question 33

2) Work Product

Answer 33

(a) Generally immune from discovery (b) Docs prepared in animation of litigation

Question 34

(c) Work Product Discoverability - exception

Answer 34

(i) Substantial need (ii) Cannot obtain without UNDUE HARDSHIP

Question 35

(d) Absolute Immunity on Work Product

Answer 35

(i) Mental impressions (ii) Conclusions (iii) Legal opinions/ theories

Question 36

3) Expert

Answer 36

(i) Must provide ID (ii) Expert must PREPARE

Question 37

(b) Expert NOT Testifying

Answer 37

(i) Discoverable only in exceptional circumstances

Question 38

4) Duty to Supplement

Answer 38

(a) Duty to supplement incomplete or wrong information (b) Must be done in timely manner

Question 39

Depositions

Answer 39

(a) Party or non-party (b) Written or oral (c) Non-party via subpoena (d) Limit = 10

Question 40

6) Interrogatories

Answer 40

(a) Only to a PARTY (b) Written / Answered in in writing (c) Limit = 25

Question 41

7) Request to Admit

Answer 41

(a) Written request (b) Conclusively established

Question 42

8) Request to Produce: to a Party

Answer 42

(a) Documents in the other side’s possession / control

Question 43

9) Physical/Mental Exam

Answer 43

(a) Must be at issue (b) Need Court order (c) Need good cause

Question 44

10) Object to a request

Answer 44

(a) Info no relevant

Question 45

11) Protective order = annoy harass

Answer 45

(a) Stop Discovery for embarrassment, harassment, undue burden

Question 46

12) Order to Compel

Answer 46

(a) Party not complying w Discovery

Question 47

13) Admissibility at trial

Answer 47

(a) Discoverable information is admissible at trial

Question 48

1) Conference of Parties

Answer 48

(a) Court MUST have conference

Question 49

2) Scheduling Conferences

Answer 49

ROAD MAP (a) Court MUST have conference to limit time (b) Must issue scheduling order within 90 days of filing (c) CANNOT be modified unless “Good Cause”

Question 50

3) Final Pretrial Conference

Answer 50

(a) Court MAY hold conference (b) IF there is a conference, Court MUST issue pretrial statement (c) Only modified to prevent “manifest justice”

Question 51

1) Temporary Restraining Order

Answer 51

No trial (a) No notice (b) Trying to prevent -IMMEDIATE IRREPRAHABLE HARM (c) Expires no more than 14 days