Pretrial Matters - Highly Tested

Question 1

What must a third-party complaint assert for it to be valid?

Answer 1

It must assert that the nonparty is liable to the defendant for all or part of the plaintiff’s claim.

This is known as derivative liability, which includes indemnity or contribution claims.

Question 2

When is a third-party complaint dismissed?

Answer 2

If it asserts that the nonparty is directly liable to the plaintiff or liable to the defendant for another claim.

This means the third-party complaint must focus on the defendant’s liability, not direct claims.

Question 3

What must a defendant obtain to file a third-party complaint after 14 days?

Answer 3

The court’s leave (permission).

If the complaint is filed within the manufacturer’s answer, leave of court is not required.

Question 4

What are the most common pleadings in a case?

Answer 4

The plaint and the defendant’s answer.

A plaintiff may also respond to a defendant’s counterclaim with an answer or a reply if ordered.

Question 5

Under what conditions may sanctions be appropriate for failing to preserve ESI?

Answer 5

If it should have been preserved, is lost due to failure to take reasonable steps, and cannot be replaced or restored.

ESI stands for electronically stored information.

Question 6

What may a court presume if a party fails to preserve ESI?

Answer 6

The lost ESI was unfavorable to the party that failed to preserve it.

The court may instruct the jury accordingly or take other actions.

Question 7

What sanctions may a federal court impose on a party or attorney?

Answer 7

Order payment of reasonable expenses when they fail to attend or prepare for a pretrial conference, or do not participate in good faith.

Sanctions can also include dismissal of an action for patterns of disobedience.

Question 8

What is a voluntary dismissal with prejudice?

Answer 8

It operates as an adjudication on the merits when specified in a court order or when the two-dismissal rule applies.

The two-dismissal rule applies when a plaintiff’s first action is voluntarily dismissed without a court order.

Question 9

What are amended pleadings used for?

Answer 9

To set forth a transaction, occurrence, or event that arose before the pleading was filed.

This allows for updating the case based on prior events.

Question 10

What are supplemental pleadings used for?

Answer 10

To set forth a transaction, occurrence, or event that arose after the pleading or answer was filed.

This allows for updating the case based on new developments.