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Civ Pro > Rules > Flashcards

Rules Flashcards

1
Q

What does Rule 56 deal with?

A

Summary Judgment

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2
Q

56(a): When is summery judgment granted?

A

Summary judgement is granted if movant shows there is no genuine dispute of any material fact and is entitled to it as a matter of law

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3
Q

56(a): Who can initiate summary judgement?

A

Plaintiff, defendant, or the court

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4
Q

Define “material fact”: how does one know a fact is material?

A

To know a fact is material, check substantive law to see what facts are material to the claims and defenses raised by parties in the case

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5
Q

Define “genuine dispute”

A

Genuine dispute exists where a jury applying evidentiary standard could reasonably find for either defendant or plaintiff

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6
Q

56(b): How much time is given to file a summary judgement and can it be different?

A

30 days. Local rule or court can give a different time

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7
Q

Rule 56(c): Movant’s role- How must party asserting a fact cannot be genuinely disputed support the assertion? (2 ways)

A

1) . Cite to particular parts of materials in the record including depositions, documents etc.
2) . Show cited materials do not establish genuine dispute or adverse party cannot produce admissible evidence

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8
Q

Rule 56(c): Non-movant’s role- How must the party asserting a genuine dispute support the assertion?

A

Citing to particular parts of materials in record, including depositions, documents etc

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9
Q

56(c): What materials can a lawyer cite to support or oppose a summary judgement motion?

A

Depositions, Documents, Electronically stored info (ESI), Admissions, Stipulations, Declarations, Affidavits, Interrogatory answers, Other

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10
Q

Define “affidavit”

A

A voluntary declaration of facts written down and sworn to by the declarant before an officer authorized to administer oaths

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11
Q

What are the 3 requirements of an affidavit?

A

1) Information must be based on personal experience
2) Set out facts admissible as evidence
3) Show that the affiant is competent to testify on the matter

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12
Q

56(c): Can the court consider material in the record not cited by the parties?

A

Yes it can but it doesn’t have to

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13
Q

56(d): If the non-movant can show by affidavit/declaration that it can’t present essential facts to justify its opposition what can the court do? (3 things)

A

1) Defer considering the motion or deny it
2) Allow time to obtain affidavit/ declaration or take discovery
3) Issue any appropriate order

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14
Q

56(e): If a party fails to properly support or address an assertion what can the court do? (4 things)

A

1) Give the opportunity to properly support/address the fact
2) Consider the fact undisputed for purposes of the motion
3) Grant summary judgement if motion/facts show movant is entitled to it
4) Issue any other appropriate order

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15
Q

What does rule 26 involve?

A

Discovery

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16
Q

What are the 3 types of required disclosure for Rule 26(a)?

A

Initial, Expert, Pretrial

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17
Q

26(a) When or by what time must each of the following disclosures take place:
1) Initial. 2) Expert 3) Pretrial

A

1) At or within 14 days after discovery conference
2) At the time and in sequence that the court orders
3) At least 30 days before trial

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18
Q

Rule 26(a): Expert disclosures- Absent a court order when must disclosures be made?

A

1) 90 days at least before trial date

2) Within 30 days after another party’s disclosur if evidence is solely contradictory or rebuttal on same subject matter

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19
Q

Rule 26(a): Pretrial objections- when may a party file an objection? What happens to an objection not made?

A

14 Days after disclosures are made.

An objection not made is waived

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20
Q

26(a): How are disclosures to be made?

A

In writing, signed or served

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21
Q

26(a) Initial disclosure: What categories of information must be disclosed? (4 categories)

A

1) Info and subject of info on person who likely has discoverable information ( ie. name, address, etc )
2) Copy - or description by category and location- of all documents, tangible things etc. that disclosing party has or might use to support claims
3) Computation of each category of damages and must provide for inspection of documents etc unless privileged
4) Any insurance agreement where an insurance business might be liable to satisfy all or part of judgement

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22
Q

26(a): Initial disclosure- Must a party make its initial disclosure even if it hasn’t fully investigated?

A

Yes. It must give all information it has at the time.

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23
Q

25(a): What must a party disclose concerning expert disclosures and what must accompany a specially retained or employed expert witness?

A

The identity of any witness it may use at trial.

Expert testimony must be accompanied by a written report prepared and signed by the witness.

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24
Q

26(a): What 6 pieces of information are contained within a written report of an expert?

A

1) Complete statement of all opinions witness will express and basis for them
2) Facts or data considered
3) Any summarizing or supporting exhibits
4) Witness’s qualification including a list of publications within last 10 years
5) List of all other cases within last 4 years where witness testified as expert at trial or deposition
6) Statment of compensation to be paid for study and testimony

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25
Q

26(a): Pretrial disclosures- What 3 things must be disclosed?

A

1) Name of all witnesses- separate will call vs may call
2) Designation of which testimonies will be by deposition and transcript of pertinent parts if not taken stenographically
3) Identification of each document or exhibit- separating expects to offer vs might offer if needed

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26
Q

What does Rule 26(b) involve?

A

Discovery Scope and Limits

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27
Q

26(b): When or in what 5 ways is information discoverable?

A

1) Relevant to any party’s claim or defense
2) Admissible as evidence or may lead to discovery of admissible evidence
3) Not privileged
4) Not protected by ‘work product’ (26(b)(3))
5) Not protected by ‘pertaining to experts’ (26(b)(4))

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28
Q

26(b): What 2 qualifications must discoverable information have so it can be used?

A

1) Not subject to court order limiting discovery because of burden and proportionality (26(b)(2))
2) Not protected by court-issued protective order (Rule 26)

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29
Q

26(b): What 2 types of information meet the relevancy test?

A

1) Existence and location of documents or tangible things

2) . Location and identity of persons who know discoverable mattere

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30
Q

26(b): What may initiate a broader scope of inquiry?

A

For any good cause, the court may order discovery of any matter relevant to subject matter involved in the action

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31
Q

26(b): When does attorney-client privilege apply? (4 ways)

A

1) . The asserted holder of privilege is sought to become a client
2) . Person to whom communication was made is member of the bar of a court or a subordinate
3) . The communication relates to a fact which the attorney was: informed by client without strangers present for a legal purpose and not for commitment of crime or tort
4) . Privilege was claimed and not waived by client

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32
Q

26(b): To whom or what does the attorney-client privilege apply and what does it protect?

A

Privilege applies to individuals, corporations, throughout organizations, and to internal employee communications treated as confidential within a cooperation.

Communications are protected NOT facts or information

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33
Q

26(b) How can the attorney-client privilege be asserted? (2 part test)

A

1) A claim must expressly be made; and
2) The nature of documents, communications, tangible things must be described and in a manner that doesn’t reveal protected privileged info but allows for assessment

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34
Q

26(b): Work Product Privilege- What two steps are necessary to determine work privilege?

A

1) Material protected because it is a work product

2) If so, is it ever discoverable

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35
Q

26(b): Work Product Privilege- What must be shown to make work product discoverable?

A

Party must show substantial need for materials and cannot, without undue hardship, obtain substantial equivalent by other means

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36
Q

26(b) Work Product Privilege- What are 2 interpretations of ‘anticipation of litigation’?

A

1) Documents are protected by work product privilege if they are prepared primarily/ exclusively to assist in litigation
2) . Prepared because of litigation approach - followed by majority of jurisdictions

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37
Q

26(b): Who must prepare the documents in order to be covered under the work product privilege?

A

By or for another party or its representatives (including: other party’s attorney, consultant, surety, indeminitor, insurer or agent

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38
Q

Information covered by Rule 26(b)(3) is discoverable if the opposing party does what?

A

1) Establishes info is otherwise discoverable (26(b)(1))
2) Shows substantial need of preparation materials that can’t equivocally be obtained by other means without undue hardship
3) Establishes the info requested is not opinion work

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39
Q

What is an expert? And what type of testimony does one give?

A

Highly qualified professionals to help the jury understand.

Experts testify to their opinion- it is not fact testimony

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40
Q

What are 4 types of experts? Rule 26(a-b)

A

1) Retained, expected to testify
2) Retained, not expected to testify
3) Consultant not retained, not expected to testify (only informally consulted)
4) Witnesses whose info (fact/opinion) was not acquired in preparation of trial

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41
Q

What is permitted/not permitted for parties regarding experts under Rule 26(b)?

A

1) Party may depose any person identified as an expert whose opinion may be presented at trial
2) Party may NOT see drafts of opposing expert’s written report
3) Party may NOT ask the opposing expert about his discussion with the opposing’s counsel

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42
Q

26(b): When and how may a party depose and expert whose opinion may be presented at trial?

A

After the written report is provided and can be done by interrogatories or depositions

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43
Q

26(b): What are the only 3 exceptions to the inability to ask the opposing expert’s discussion with opposing council?

A

1) Related to compensation for study or testimony
2) Identify facts or data that the party’s attorney provided and expert considered in forming opinion
3) Identify assumptions that the party’s attorney provided and expert relied on in forming opinion

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44
Q

26(b): In order to depose an expert ‘retained, not expected to testify’ what must be shown? If shown is a written report required?

A

Exceptional circumstances under which it is impractical for the party to obtain facts/ opinion on same subject by other means must be shown.
No.

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45
Q

Is disclosure permitted/ required for the following experts: 1) retained, not expected to testify 2) consultant not retained, not expected to testify

A

1) Mandatory disclosure NOT required (26(a)) because not going to testify
2) NO disclosure (or discovery) permitted

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46
Q

For witnesses whose info was not acquired in trial prep (26(b)):

1) give examples of type
2) is there an obligation to provide a name?
3) is a written report required?
4) can they be deposed?

A

1) Character witness, regular physician, ER doctor
2) No, no obligation exists
3) No, but subject matter and summary of facts must be provided
4) Yes

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47
Q

26(b): What are the competing motions to obtain a court order?

A

1) Motion to compel the production of information not produced by opposing side
2) Motion for protective order if do not need to produce certain information

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48
Q

26(b): What alterations may the court impose?

A

1) Alter limits in rules on number of depositions and interrogatories or length of depositions (Rule 30)
2) Limit number of requests (Rule 36)

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49
Q

26(b): ESI- What can the court order? Who bears the burden of proof and must be shown? When can a party not provide discovery of ESI?

A

1) Court can order party to produce evidence if good cause is shown
2) Party denying production must show undue burden to produce requested ESI
3) If it’s too much of a burden to produce

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50
Q

26(b): Court must limit frequency or extent of discovery if what is determined? (3 things)

A

1) Discovery sought is unreasonably cumulative duplicative, or can be obtained by more convenient means
2) Party seeking discovery had ample opportunity to obtain information
3) Burden or expense outweighs likely benefit, considering needs of case, amount of controversy, resources, importance of issues and discovery in resolving said issues

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51
Q

26(b): Clawback provision - What must a party do if it gives documents that are privileged during discovery and what must the other party do?

A

1) Notify the other party

2) Notified party must promptly return, sequester or destroy info

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52
Q

What does Rule 26(c) deal with?

A

Protective Orders

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53
Q

26(c): What 8 orders can the court issue and on what grounds can a protective order be issued?

A

1) Forbidding disclosure/ discovery
2) Specifying terms for disclosure/ discovery (time, place etc)
3) Proscribe a discovery method other than one selected by party seeking discovery
4) Forbid inquiry or limit scope of disclosure/ discovery to certain matters
5) Designate persons in attendance while discovery is conducted
6) Require a deposition be sealed and opened only by court order
7) Require a trade secret/ confidential research/ development/ commercial information not be revealed only revealed in a certain way
8) Require simultaneous filing of specified documents/ information in sealed envelopes by parties only to be opened at court directive

Good cause is needed

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54
Q

What does Rule 26(d) concern?

A

Timing and sequence of discovery

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55
Q

26(d): Where can a party seek discovery? Is there an order to discovery devices or parties?

A

Parties may not seek discovery from any source except with leave of opposing party or court before discovery conference

There is no order for discovery devices or parties

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56
Q

26(e): Once a party responds to a discovery/ disclosure are they obligated to supplement or correct its disclosure or response?

A

Yes

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57
Q

To what does Rule 26(f) pertain?

A

Discovery Conference

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58
Q

26(f): When must a discovery conference occur and who must arrange it?

A

Conference must occur as soon as practical, at least 21 days before scheduling order is due as issued by the court (Rule 16(b))

Attorneys of record and all unrepresented parties appearing in the case

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59
Q

26(f): What must be in the discovery plan?

A

1) Changes to be made in timing, form, or requirement of disclosures (Rule 26(a)) including statement of when initial disclosures were made
2) Scope of discovery and timeline of discovery completion
3) Issues about ESI
4) Privilege/ protection issues
5) Limitations on discovery
6) Other orders the court should issue

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60
Q

26(f): When should the discovery plan be submitted? Can the opposing party confer and object to everything? Why do the rules require this?

A

14 days after the conference

No. There must be a good faith attempt at agreement

The conference might lead to a settlement

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61
Q

What does 26(g) involve? What its the 3 aims?

A

Signing Disclosures and Discovery Requests

1) Prevent tactical use of excessive discovery requests
2) Prevent tactical use of evasive response to discovery
3) Remind lawyers of professional obligations to court and client

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62
Q

26(g): What is an attorney obliged to sign?

A

Every disclosure under Rule 26(a), every discovery request, response, or objection

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63
Q

26(g): Regarding disclosures, what certification must be made and when is a supplement required?

A

Disclosures must be complete and correct as of time made

If the party learns the disclosures are incomplete or incorrect

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64
Q

26(g): What 3 types of documents are expressly covered?

A

Discovery requests, responses, objections

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65
Q

26(g): What 3 things does an attorney certify upon signing a discovery device?

A

1) Documents are consistent with rules and warranted by law, by non-frivolous argument for extending, modifying, or reversing existing laws, reversing existing law, or for establishing new law
2) Document is not used for improper purposes ( ie to harass etc)
3) Document is not unreasonalble or unduly burdensome or expensive

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66
Q

26(g): What factors do the court use to determine undue burden or expense?

A

1) Needs of the case
2) Prior discovery in the case
3) Amount of controversy
4) Importance of issues at stake in the action

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67
Q

26(g): What are the 2 consequences if an attorney fails to sign?

A

1) No action by the other party until it is signed

2) If it remains unsigned the court must strike it after being brought to the parties attention?

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68
Q

26(g): When are sanctions initiated and what must the court do NOT to impose sanctions?

A

Sanctions are initiated upon motion or sua sponte

The court could find substantial justification in order not to sanction

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69
Q

To what does Rule 16(a) pertain?

A

Purpose of a Pretrial conference

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70
Q

16(a): For what 4 purposes may a court order attorneys or unrepresented parties to appear at Pretrial conferences?

A

1) Expediting disposition of the action
2) Establishing early and continuing control so case will not be protracted
3) Discouraging wasteful pretrial activities
4) Improving quality of the trial via more thorough preperation

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71
Q

What does Rule 16(b) deal with?

A

Scheduling

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72
Q

16(b): When must a district judge issue a scheduling order? How soon must the judge issue it?

A

1) After receiving the parties discovery report
2) After consulting with the parties attorney or unrepresented parties at a schedule conference or other communication

Order must be issued as soon as practical or within the earlier of 120 days after any defendant has been served with complaint or 90 days after any defendant has appeared

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73
Q

To what does Rule 36 pertain?

A

Discovery Devices: Request for admissions

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74
Q

What is Rule 36, a request for admission?

A

A written request to admit, for pending action only, the truth of matters within scope of Rule 26(b)(1) and relating to: facts, application of law to fact, opinion about either, and genuineness of described documents

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75
Q

Rule 36: Is a matter admitted under the rule conclusively established? Can it be used in another proceeding? When is such a matter not assumed admitted?

A

Yes, it is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended

No. Admission is not for any other purpose

When, within 30 days after being served, the party to who the request is directed serves on the requesting party a written answer or objection signed by the party or attorney

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76
Q

Rule 36: Can this be served on non-parties? If a party does not admit what must they do? What reason may an answering party give for failing to admit or deny

A

No. It can only be served on parties by other parties

They must specifically deny

The answering party may assert lack of knowledge or information as a reason

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77
Q

What does Rule 34 deal with?

A

Producing documents, ESI, and tangible things

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78
Q

Who can use Rule 34?

A

1) Any party may serve on another party (34(a))

2) As per Rule 45, a non-party may be compelled to produce documents and tangible things or permit inspection(34(c))

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79
Q

What is the rule used for Rule 34(a)?

A

To allow one party to request the other party to produce documents etc so the requesting party can copy, inspect, test, sample the documents etc

Permits one party to enter onto designated land or other property in the possession/ control of responding party

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80
Q

34(b): What does the requesting party put in the request?

A

1) Must describe each item or category of items to be inspected
2) Must specify a reasonable time and place for the inspection
3) may specify the form that ESI can be produced

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81
Q

34(b): How and when must the response be formatted?

A

1) Must be written
2) Must state for each item/category that inspection and related activities will be permitted as requested
3) Must state objection to request with reasons
4) Must produce documents as they are kept in usual course of business or organize and label to correspond to categories in request
5) Party must respond within 30 days of being served

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82
Q

34(a): What limitation is on requested documents/things?

A

Documents/ things must be in the possession, custody, or control of responding party

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83
Q

What does Rule 45 deal with?

A

Subpoena

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84
Q

45(a): What must every subpoena contain and who can issue one?

A

1) State the court from which it issued
2) Command each person to whom it is directed to do the following at a specified time and place: attend and testify, produce documents, tangible things etc, permit inspection of premises
3) State method for recording the testimony

A clerk - signed but otherwise blank
or attorney- may issue and sign as an officer of the court in which the attorney is authorized to practice

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85
Q

45(c): What must a party who objects to inspection etc do?

A

Serve a written objection on the party or attorney before the earlier of time specified for compliance or 14 days after the subpoena was served

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86
Q

45(c): What must the party issuing the subpoena take reasonable steps to avoid? Must the subpoenaed party be present if it is only for the production of documents etc,or inspection of property?

A

Imposing undue burden or expense else court must impose appropriate sanction on said party or attorney

Yes, unless subpoena commands them to appear for deposition, hearing, or trial

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87
Q

45(c): An issuing court MUST quash, or modify a subpoena that does what?

A

1) Fails to allow reasonable time to comply
2) Requires disclosure of privileged/ protected matter if no exception or waiver applies
3) Requires a non-party to travel > 100 mi from residence, work,or in-person business transactions (may be required for trial unless substantial expense will be incurred)
4) Subjects person to undue burden

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88
Q

45(c): The court MAY quash or modify a subpoena that requires what?

A

1) Disclosure of a trade secret or other confidential research etc
2) Disclosure of an unretained expert’s opinion unrelated to specific occurrences in dispute and results from study not requested by party
3) A person not a party to incur substantial expense to travel > 100 mi to trial

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89
Q

45(c): When may a subpoena require a non-party traveling >100mi incurring substantial expense remain unchanged or unquashed?

A

If serving party :

1) Shows substantial need for testimony or material not otherwise obtainable without hardship
2) Ensures reasonable compensation

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90
Q

To what does Rule 33 pertain?

A

Interrogatories to parties

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91
Q

33(a): To what may interrogatories relate, how many can be issued and is it objectionable?

A

1) Interrogatory can relate to any matter that may be inquired under Rule 26(b) and can ask the application of law to facts
2) 25 may be issued including discrete subparts
3) It isn’t objectionable but court may order interrogatory need not be answered till designated discovery is completed

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92
Q

33(b): When, how, and by whom must interrogatories be answered?

A

1) Answers must be served or objections raised within 30 days after being served
2) Each interrogatory must be answered separately and fully in writing under oath (person who answers must sign)
3) The party to whom the interrogatories are directed, or if the party is a multi-person entity, an officer or agent must furnish answers available to the party

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93
Q

33(b): How may objections be raised?

A

Grounds for objecting must be specifically stated, timely, and objecting attorney must sign

Grounds not stated in timely objection are waived

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94
Q

33(b): Can business records be used instead of answering?

A

Yes (Rule 33(d)). Records to be reviewed may be specified and reasonable time given for inspection

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95
Q

To what does Rule 30 pertain?

A

Depositions by oral examination

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96
Q

What is a deposition?

A

Oral questioning of any person or party

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97
Q

30(a): When may a party depose a person without leave of the court?

A

When the number of depositions is 10 or under

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98
Q

30(a): When must a party obtain leave of the court for deposition and the court grant it?

A

1) The parties have not stipulated to the deposition
2) The deposition is greater than 10
3) The deponent has already been deposed in the case
4) Party wants to depose before time allowed (Rule 26(d))
5) Deponent is confined in prison

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99
Q

30(b): What must be given when deposing a party? A non-party?

A

1) written notice to every party including stating method of recording testimony
2) time, place, of deposition as well as name, address, or description of deponent

1) written notice to every party including stating method of recording testimony
2) location must not be >100 mi from non-party’s residence unless substantial need is found

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100
Q

30(b): How may a testimony be recorded?

A

Audio, audiovisual, or stenographic means

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101
Q

30(b): What happens at a deposition?

A

1) Must be conducted before an officer appointed or designated under Rule 28
2) Officer must begin on record deposition by stating certain things
3) At the end officer must state that it is over

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102
Q

To what does Rule 30(c) pertain?

A

Objections

103
Q

30(c): When may a person instruct a deponent not to answer?

A

1) when necessary to preserve privilege
2) to enforce a limitation ordered by the court
3) present a motion under Rule 30(d)

104
Q

30(c): How must an objective be stated?

A

In a non-argumentative and non-suggestive way

105
Q

30(c): What happens to an objection at the time of examination? Does the examination still proceed? What happens to the testimony?

A

The objection is noted

Yes it does

The testimony is taken subject to the objection

106
Q

What does 30(d) deal with?

A

Duration and termination of a deposition

107
Q

30(d): What is the time limit of a deposition? When must the court allow additional time?

A

1 day of 7 hours

If time is needed to fairly examine the deponent (Rule 26(b)(2)) or anything impedes or delays the examination

108
Q

30(d): Who can terminate a deposition and under what circumstances? What is the consequence?

A

The deponent or party

If it is conducted in bad faith, unreasonably annoys, embarrasses or oppresses the deponent or party

The deposition must be suspended for the time necessary to obtain an order

109
Q

30(e): If requested before the deposition, an officer must notify the deponent that the transcript is available so that the deponent can do what? How long does the deponent have to do this?

A

1) Review the transcript or recording
2) Sign a statement listing any changes in form or substance and the reasons for making them

30 days after being notified of transcript availability

110
Q

What does Rule 35 deal with?

A

Physical and mental examinations

111
Q

35(a): What may a party whose mental/physical conditions are questionable be ordered to submit to? Who must perform it?

A

A physical or mental exam

A suitably licensed or certified examiner

112
Q

35(a): When can the court order a party to produce for examination a person in its custody or legal control? What must be specified in the motion?

A

On motion for good cause and on notice to all parties and the person to be examined

The motion must specify time, place, manner, conditions, scope of exam and person(s) performing it

113
Q

35(b): By requesting and obtaining an examiner’s report or by opposing an exam what does the examined party waive?

A

Any privilege it may have including all other or later reports if it deals with the same controversy

114
Q

What in general does Rule 37 deal with and what can also be used?

A

Enforcing discovery rules

A motion for a protective order can also be used (Rule 26(c))

115
Q

What does Rule 37 deal with specifically?

A

Failure to make disclosures or cooperate in discovery, sanctions

116
Q

37(a): When may a party move for an order compelling disclosure/discovery? What must the motion include?

A

On notice to other parties and all affected persons

Certification that the movant has in good faith conferred or attempted to confer with the person/ party failing to make disclosure/ discovery in effort to obtain it without court order

117
Q

37(a): When can a party seeking discovery move for an order compelling an answer, designation, production, or inspection?

A

1) A deponent fails to answer a question in deposition
2) A corporation/ entity fails to make a designation under Rule 30(b)(6)
3) A party fails to answer an interrogatory
4) A party fails to respond that inspection will be permitted or fails to permit inspection
5) Answer is just evasive

118
Q

37(a): What recourse does a party have against another that fails to make a disclosure under Rule 26(a)?

A

Party may move to compel or for appropriate sanctions

119
Q

37(a): When must a court NOT order payment if a Motion to Compel is granted?

A

1) Movant filed the motion before attempting in good faith to obtain disclosure or discovery without court action
2) Opposing party’s non-disclosure, response, or objection was substantially justified
3) Other circumstances made an award unjust

120
Q

37(a): What happens to a party who waited to comply with discovery/ disclosure against which the court has granted a Motion to Compel?

A

The denying party must pay reasonable attorney fees

121
Q

37(a): What happens if a Motion to Compel is denied? If it was reasonably justified?

A

1) Court may issue any protective order under 26(c)
2) Court must require movant, attorney filing motion or both- after providing an opportunity to be heard- to pay party or deponent who opposed the motion reasonable expenses incurred in opposing the motion

No award is given

122
Q

37(a): What happens if a Motion to Compel is granted and denied in part?

A

1) Court may issue a protective order (Rule 26(c))

2) Court may, after a chance to be heard, apportion reasonable expenses for the motion

123
Q

What specifically does Rule 37(b) deal with? When dose this rule apply?

A

Motion for sanctions

If a party fails to obey an order (made under 26(f), 35, 37(a)) to provide or permit discovery

124
Q

37(b): What can just orders (sanctions) include?

A

1) Matters embraced in the order or other designated facts be taken as established for purposes of the action
2) Prohibit disobedient party from supporting or opposing designated claims or defenses or introducing designated matters into evidence
3) Strike pleadings in whole or part
4) Stay further proceedings until order is obeyed
5) Dismiss the action or proceeding in whole or part
6) Render default judgement against disobedient party
7) Treat as contempt of court the failure to obey any order except order to submit to mental/physical examination

125
Q

37(b): Can sanctions be used for failure to undergo medical exam or to produce a person for examination? Is contempt available as a sanction?

A

They can be used if you do not appear for a medical exam. They cannot be be imposed for failure to produce another for an exam if you can show that you cannot produce the person.

No.

126
Q

37(b): How can a party recover costs of preparing a motion to compel?

A

1) Court must order payment in place of sanction or as additional order
2) Disobedient party, attorney advising the party or both can be responsible for cost
3) Expense is reasonable caused by failure

127
Q

37(b): What excuses a disobedient party from paying?

A

1) Failure was substantially justified

2) Other circumstances make award for expenses unjust

128
Q

What are Rules 37(c) and 37(d) also known as?

A

By-pass routes to sanctions

129
Q

How many by-pass routes are there? How many are in 37(c)?

A

3

2

130
Q

37(c): What will allow the court to avoid sanctions if a party fails to provide info or identify a witness as required by Rule 26(a) or (e)?

A

If the failure was substantially justified

131
Q

37(c): What sanctions other than being unable to use info or witnesses can a court impose on a party that fails to provide info or identify a witness as required by Rule 26(a) and (e)

A

1) Order payment of reasonable expenses including attorney fees caused by failure
2) Inform jury if party’s failure
3) Impose other appropriate sanctions including any orders listed in Rule 37(b)

132
Q

37(c): How can the court avoid sanctions if a party fails to admit what is required under Rule 36?

A

1) If the request was held objectionable under Rule 36(a)
2) If admission sought was of no substantial importance
3) The party failing to admit had reasonable grounds to believe it might prevail on the matter
4) Another good reason existed for the failure to admit

133
Q

A defendant is subject to sanctions under 37(c) if he does what?

A

Denies a request for admission he knows is true

134
Q

A defendant who fails to respond to a request for admission is deemed to have done what under Rule 36(a)?

A

Deemed to have admitted the requests

135
Q

37(d): How may the court avoid sanctioning a party who failed to attend its own deposition or after being served with interrogatories/requests for inspection failed to respond?

A

1) If the failure was substantially justified

2) Other circumstances make the award of expenses unjust

136
Q

What does Rule 18 deal with?

A

Joinder of claims

137
Q

18(a): What may limit a plaintiff’s ability to join claims?

A

Lack of subject matter jurisdiction

138
Q

18(a): What are the sources of federal court subject matter jurisdiction? Does every claim of every party have to have one of these sources to be in federal court?

A

1) Federal question (federal created cause of action, not: K, tort or property)
2) Diversity (No plaintiff from same state as defendant, amount exceeds 75,000$)
3) Supplemental
4) Miscellaneous

Yes

139
Q

18(a): How many claims(independent or alternative) may a party asserting a claim, counterclaim, crossclaim, or third party claim join?

A

As many claims as it has against opposing parties

140
Q

18(a): What must a party have in order to tag-on all other claims?

A

One permissible claim under the appropriate rule

141
Q

What does Rule 13 pertain to?

A

Counterclaims and crossclaims

142
Q

What are two types of counterclaims?

A

Compulsory

Permissive

143
Q

Which type of counterclaim does Rule 13(a) deal with? 13(b)?

A

Compulsory

Permissive

144
Q

13(a): What must a pleading state as a counterclaim?

A

Any claim that - at the time of service- the pleader has against an opposing party if 1) it arises out of the same transaction or occurrence that is the subject matter of the opposing party’s claim 2) Doesn’t require adding additional parties the court doesn’t have jurisdiction over

145
Q

13(a): What are the exceptions to a pleader needing to state a counterclaim?

A

1) The claim was the subject of another proceeding when the action was commenced
2) The opposing party sued on its claim by attachment or other process that did not establish personal jurisdiction over the pleader on that claim and pleader doesn’t assert any counterclaim

146
Q

13(b): When may a party state as a counterclaim a claim that is not compulsory against an opposing party?

A

If claim does not fit into compulsory category because it fails one of the limits

147
Q

13(e): What might the court allow a party to file a supplemental plea asserting?

A

A counterclaim that matured or was acquired by the party after serving an earlier pleading

148
Q

13(g): What may a pleading state as a crossclaim?

A

Any claim by one party against a coparty if
1) the claim arises out of the transaction or occurrence that is the subject matter of the original action of a counterclaim
or 2) the claim relates to any property that is the subject matter of the original claim

149
Q

What does rule 13(g) deal with?

A

Crossclaim against a coparty

150
Q

13(g): What can a crossclaim against a coparty include?

A

A claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant

151
Q

13(g): What must a court have to hear a counterclaim?

A

Subject matter jurisdiction

152
Q

What does Rule 20 involve?

A

Permissive joinder of parties

153
Q

To what does Rule 20(a) specifically relate?

A

Persons who may join or be joined

154
Q

When may persons join in one action as plaintiffs?

A

1) They assert any right to relief jointly, severally, or with respect to or arising out of the same transaction(s) or occurrence(s).
2) Any question of law or fact common to all plaintiffs will arise in the action

155
Q

20(a): When may persons join in one action as defendants?

A

1) Any right to relief asserted against them jointly, severally, or with respect to or arising out of the same transaction(s) or occurrence(s)
2) Any question of law or fact common to all defendants will arise in the action

156
Q

20(a): Do defendants or plaintiffs need to be interested in obtaining or defending against all relief demanded?

A

No

157
Q

20(a): How may the court grant judgement to one or more plaintiffs?

A

According to their rights and against one or more defendants according to their liabilities

158
Q

20(b) True/False: The court cannot order separate trials

A

False: The court CAN order separate trials

159
Q

What does Rule 21 involve?

A

Misjoinder and Non-joinder of parties

160
Q

Rule 21: True/False - Misjoinder of parties IS a ground for dismissing an action

A

False: Misjoinder is NOT ground for dismissing an action

161
Q

Rule 21: True/False - The court may at any time, on just terms and on motion or on its own, add or drop a party.

A

True

162
Q

Rule 21: True/False - The court may NOT sever any claim against a party

A

FALSE: The court MAY sever any claim against a party

163
Q

What does Rule 42 concern?

A

Consolidation ; Separate Trials

164
Q

To which Rule subsection does consolidation pertain? Separate trials?

A

42(a)

42(b)

165
Q

42(a): What may the court do if actions involve a common question of law or fact?(3 things)

A

1) Join for hearing any trial or all matters at issue in the actions
2) Consolidate the actions
3) Issue any other orders to avoid unnecessary cost or delay

166
Q

42(b): For what may a court order a separate trial of one or more separate issues, claims, crossclaims or third party claims?(3 things)

A

1) Convenience
2) To avoid prejudice
3) To expedite and economize

167
Q

42(b): When ordering a separate trial what must the court preserve?

A

Any federal right to a jury trial

168
Q

To what does Rule 14 pertain? Who uses this Rule?

A

Third party practice (impleader)

Defendants but can be used by plaintiffs when in a defensive position

169
Q

To what does Rule 14(a) relate? 14(b)?

A

When a defendant may bring in a 3rd party

When a plaintiff may bring in a 3rd party

170
Q

14(a): What is the name of the document used to implead a 3rd party? What must accompany it?

A

Third party complaint

A summons

171
Q

14(a): When may a defendant implead a third party? When is permission of the court needed to implead?

A

At any time

If it has been >14 days since the defendant served its original answer

172
Q

14(a): Who may a defending party implead?

A

1) a non- party

2) any who is liable for all or parts of the claim against the defending party

173
Q

14(a): When is an impleader allowed?

A

If the defendant has a claim for indemnity or contribution against the non- party

174
Q

14(a): What is the difference between indemnity and contribution when impleading is allowed?

A

Indemnity- 3rd party is responsible for ALL of a plaintiff’s claim against the defendant

Contribution- 3rd party is responsible for PART of the plaintiff’s claim against the defendant

175
Q

14(a): Who is the person who impleads? The person impleaded?

A

defendant/third party plaintiff

Third party defendant

176
Q

14(a): What must a person served with a summons and third-party complaint assert?

A

1) Any defense against the 3rd party’s claim
2) Any counterclaim against the 3rd party plaintiff under Rule 13(a) and may assert one under 13(b) or a crossclaim against another 3rd party defendant under 13(g)
3) Any defense against the plaintiff that the 3rd party plaintiff has to the plaintiff claim
4) Any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third party plaintiff

177
Q

14(a): Why is down-sloping (an assertion against the plaintiff for any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the 3rd party plaintiff) not an impleader claim?

A

Because the third-party defendant is already a party

178
Q

14(a): What may the plaintiff assert against any third party defendant? Why is this (up-sloping) not an impleader claim?

A

Any claim arising out of the same transaction or occurrence that s the subject matter of the plaintiff’s claim against the third party plaintiff?

The 3rd party defendant is already a party

179
Q

14(a): What must a third party defendant assert with a plaintiff’s claim against it?

A

Any defense under Rule 12, and any counterclaim under 13(a) or (b) or any crossclaim under 13(g)

180
Q

14(a): What may any party do to the third party claim?

A

Move to strike, sever, or try it separately

181
Q

14(a) Who may a third-party defendant proceed against under this Rule?

A

A non-party who is liable or may be liable to the 3rd party defendant for all or part of any claim against it

182
Q

14(b): What may a plaintiff do when a claim is brought against it?

A

Bring in a 3rd party if this rule would allow a defendant to do so (ex. If a counterclaim is brought against the plaintiff)

183
Q

What does Rule 19 apply to?

A

Required joinder of parties

184
Q

What does each of the following subsections of Rule 19 involve: 19(a)? 19(b)? 19(c)?

A

Persons required to be joined if feasible

When joinder is not feasible

Pleading the reasons for non-joinder

185
Q

19(a): When must a person be joined?

A

1) The court can’t accord complete relief among existing parties in that person’s absence
2) The person claims an interest relating to the subject of the action and is so situated that disposing of the action absent the person might a)as a pratical impair or impede the person’s ability to protect the interest or b) leave an existing subject to substantial risk of incurring multiple or inconsistent obligations because of interest

186
Q

19(a): What are 3 reasons a joinder may not be feasible?

A

1) Person must be subject to service of process
2) Person’s joinder would deprive the court of subject matter jurisdiction
3) Person to be joined objects to venue and joinder would make improper venue

187
Q

19(a): If a party required to be joined has not been what must the court do? What happens to a person who refuses to be a plaintiff?

A

It must order the person to be made a party

The person may be made either a defendant or involuntary plaintiff

188
Q

When should 19(b) be applied?

A

Only if the person is a necessary party under 19(a) but the court lacks personal jurisdiction, subject matter jurisdiction or venue is not proper

189
Q

If a 19(a) necessary party cannot be feasibly joined what should the court do?

A

Proceed among existing parties or dismiss the action

190
Q

19(b): What factors can the court use in deciding a course of action if a joinder isn’t feasible?

A

1) The extent to which a judgement rendered in the person’s absence might prejudice that person or existing parties
2) Extent to which any prejudice could be lessened or avoided by: protective provisions, shaping the relief, or other measures
3) If judgement in the person’s absence would be adequate
4) If plaintiff would have adequate remedy if action were dismissed for non-joinder

191
Q

19(c): What must a party state when ascertaining a claim for relief?

A

1) Name of any person required to be joined if feasible but is not joined
2) Reasons for not joining that person

192
Q

What does rule 23 deal with?

A

Class actions

193
Q

What is the basic concept of Rule 23?

A

One or more class representatives are joined as a party in a case but members of the class they represent are NOT parties, however they are bound by the judgement

194
Q

What are the two steps in the basic process of Rule 23?

A

1) ask to be ‘certified’ as a class action

2) litigate the merits

195
Q

What do the following subsections of Rule 23 involve: 23(a)? 23(b)? 23(c)? 23(d)? 23(e)? 23(f)? 23(g)?

A

(a) : Prerequisites
(b) : Types of class actions
(c) : Certification order (notice to class members)
(d) : Conducting the action
(e) : Settlement
(f) : Appeals
(g) : Class counsel

196
Q

23(a): What are the 4 prerequisites?

A

1) Numerosity
2) Commonality
3) Typicality
4) Adequacy of representation

197
Q

23(a): What is required for Numerosity?Is there a specific number associated?

A

The class must be so numerous that joinder of all members is impractical

No associated number but 40 or greater has been found to be sufficient

198
Q

23(a) What does Commonality require?

A

Questions of law or fact common to the class. Easy standard

199
Q

23(a) What does Typicality require? When is similar typicality shown?

A

The plaintiff’s claim be typical of those of the class

If the named plaintiff’s claims arise from same practice or course of conduct that gives rise to claims of other class members and claims are based on same legal theory

200
Q

23(a): What does ‘adequacy of representation’ require? What does it do?

A

The representative parties fairly and adequately protect the interests of the class

Assesses the adequacy of both attorneys and the plaintiff

201
Q

23(b): What are the 4 types of class actions? Which one is concerned with protecting non- parties? Does the class need to meet all 4 types?

A

1) Incompatible standards class
2) Limited fund class - concerned with protecting non-parties
3) Injunctive relief class
4) Damages class

No, just one of them

202
Q

23(b): What risk would be created to individual class members by presenting separate actions by or against individual class members in an incompatible standards class action?

A

Inconsistent or varying adjudications that would establish incompatible standards of conduct for the party opposing the class

203
Q

23(b): In a limited fund class, what risk would be created to individual class members by presenting separate actions by or against individual class members?

A

Adjudications that would be dispositive of the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests

204
Q

23(b): What merits an injunctive relief class action?

A

The party opposing the class acted or refused to act on grounds that apply generally to the class so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole

205
Q

23(b): What merits a damages class action?

A

The court finds the questions of law or fact common to class members predominate over any questions affecting only individual members and a class action is superior to other available alternatives for fairly and efficiently adjudicating the controversy

206
Q

23(b): The damages class was re-written into what two parts?

A

1) question of law or fact common to the class predominates any individual question
2) the action is superior to other available methods of fairly and efficiently adjudicating the controversy

207
Q

23(b): What are 4 factors for class actions?

A

1) Class members interest in individually controlling the prosecution or defense of separate actions
2) Extent and nature of any litigation concerning the controversy already begun by or against members of the class
3) Desirability or undesirability of concentrating the litigation of the claims in the particular forum
4) Likely difficulties in managing the class action

208
Q

23(c): When must the court determine by order whether to certify an action as a class action?

A

At an early practical time after a person sues or is sued as a class representative

209
Q

23(c): What must an order that certifies a class action do?

A

1) Define the class and class claims, issues, or defenses

2) Must appoint class counsel under Rule 23(g)

210
Q

23(c): True/False - An order that grants or denies class certification may NOT be altered or amended before final judgement

A

False: An order granting or denying class certification MAY be altered or amended before final judgement

211
Q

23(c): Must notice be sent to each class member for certification in damages class actions (23(b)(3))? What about mandatory class actions(23(b)(1)&(2)?

A

Yes. Best notice that is practicable under the circumstances MUST be sent. (Rule 23(c)(2)(B))

Appropriate notice MAY be sent but doesn’t have to be (Rule 23(c)(2)(A))

212
Q

23(c): Can a potential class member ‘opt out’ of the class action and pursue own action during a damages class action? What about during a Mandatory class action?

A

Yes. A class member CAN opt out

No. A member CANNOT opt out

213
Q

23(c): Can the court divide a class into subclasses?

A

Yes, the court can divide a class into subclasses

214
Q

23(d) When conducting the action the court may issue orders that do what?

A

1) Determine course of proceedings or proscribe measures to prevent undue repetition or complication of the presentation of evidence
2) Require notice to be given to class members to protect the class members and fairly conduct the action
3) Impose conditions on the representatives or intervenors
4) Require amendment of the pleadings to eliminate all allegations about representation of absent persons and the action proceed accordingly
4) Deal with similar procedural matters

215
Q

26(e): What must the court consider when approving a settlement? Is the court’s approval necessary for a settlement?

A

If the settlement is fair, reasonable, and accurate

Yes, court approval is necessary

216
Q

26(e): To whom must the court direct notice of settlement and how? What can the court order the settlement notice to allow?

A

To all class members who would be bound in all types of class actions

In reasonable manner

Any damage clause members another opportunity to ‘opt out’

217
Q

23(f): When must permission to appeal be submitted?

A

Within 14 days of the order being entered

218
Q

23(g): What must the court consider in appointing class council in certification?

A

1) Work counsel has does in identifying or investigating potential claims
2) Litigation experience with class actions
3) Knowledge of applicable law
4) Resources counsel will have

219
Q

To what does Rule 50 pertain? To what specifically do the subsections 50(a) and 50(b) pertain?

A

JMOL (Post trial motions)

50(a): judgement as a matter of law in a jury trial
50(b): related motions for a new trial

220
Q

50(a): Who can use the Rule? What happens when a 50(a) motion is filed?

A

Both parties but more by defendants

1) Motion granted- moving party wins
2) Motion denied- trial moves on and is submitted to jury
3) Other motion- court can order new trial

221
Q

50(a): When is the earliest a party can move for judgement as a matter if law? The latest?

A

After a party has been fully heard

Any time before case is submitted to jury

222
Q

50(a): Who can use 50(a) motion during the following:

1) Opening statement?
2) P presents evidence, D cross examines, P rests?
3) D presents evidence, P cross examines, D rests?
4) If there is no rebuttal evidence?
5) Closing arguments?
6) Case submitted to jury & jury deliberates

A

1) Neither party - no party has been fully heard
2) Defendant- P has been fully heard
3) Both parties- both have been fully heard
4) Both parties
5) Both parties
6) Neither- cannot use 50(a) after case has been submitted to jury

223
Q

50(a): In a standard 50(a) motion, what must a it specify?

A

Judgement sought, and

Law and fact that entitle movant to judgement

224
Q

50(a): When may a court grant a 50(a) motion? In what way might it do so?

A

When a non-moving party has been fully heard on an issue during a jury trial and court finds no reasonable jury would not have legally sufficient evidentiary basis to find for the non-moving party

1) resolve the issue against the party
2) grant JMOL if non-movant loses as a matter of law (if under controlling law non-movant’s claim/ defense can be maintained/ defeated only with a favorable finding)

225
Q

What must be done in order to utilize 50(b) and who can use it?

A

A 50(a) motion must have been filed

Both parties

226
Q

50(b): When must a motion be filed and what is the standard for filing this motion?

A

No later than 28 days after entry of judgement

Same as 50(a)

227
Q

50(b): What evidence can be looked at when deciding on a motion for JOML?

A

1) all evidence in the record including: that supporting non-movant and that supporting movant which is uncontradicted, unimpeached and extent it is from disinterested witnesses
2) all inferences that support the non-movant

228
Q

What does Rule 60 involve? Who may file it? Is a pre-judgement motion required to file? What do subsections 60(a) 60(b) & 60(c) encompass?

A

Relief from judgement or order

Both parties

No

60(a): corrections based on clerical mistakes, oversights and omissions
60(b): grounds from relief from final judgment, order, or proceeding
60(c): timing and effect of motion

229
Q

60(a): What may a court do when mistakes, oversights or omissions are found? What happens if the case has moved on to the appellate level?

A

Make a motion or correct on its own clerical errors whenever they are found in a judgement order or other part of the record

The court will need the permission of the appellate court to make any changes

230
Q

60(b): For what 6 reasons can a court relieve a party of a judgement? How must it be done?

A

1) Mistake inadvertence, surprise, or excusable neglect
2) Newly discovered evidence that could not have been discovered in time for a new trial
3) Fraud, misrepresentation, or misconduct by an opposing party
4) Judgement is void
5) Judgement has been satisfied, released, or discharged
6) Any other reason that justifies relief

On motion and just terms

231
Q

60(c): What is the timing for grounds 1,2&3? Grounds 4,5 & 6?

A

Within a reasons or time, and no more than a year after entry of judgment

Within a reasonable time

232
Q

60(c): True/False- The motion AFFECTS the judgement’s finality AND suspends its operation

A

False: The motion does NOT affect the judgement’s finality OR suspend its operation

233
Q

What does Rule 24 deal with? Who can use this rule?

A

Intervention

3rd party

234
Q

Rule 24: What are the two types of intervention?

A

1) Intervention by right

2) Permissive intervention

235
Q

24(a): When does a person have a right to intervene? Who must grant this motion?

A

1) They have the unconditional right to intervene by federal statute
2) They claim interest relating to property or transaction which is subject of the action and is so situated that the deposition of action may impair or impede applicant’s ability to protect its interest, unless existing parties represent that interest

The court

236
Q

24(a): What 3 criteria can be used to determine a right to intervene?

A

1) Claim of interest in property or transaction that is subject of pending lawsuit
2) Risk that decision will impair or impede ability to protect interest
3) Existing parties will not adequately protect that interest

237
Q

24(a): What is the cheat rule?

A

If a person has right to intervene under 24(a) than they are a necessary party under Rule 19

238
Q

What does 24(a) deal with? 24(b)? 24(c)?

A

24(a): Intervention by right
24(b): Permissive intervention
24(c): Procedure of intervention

239
Q

24(b): Is the court required to permit the person to intervene?

A

No, but they may

240
Q

24(b): When may a court permit an absentee to intervene?

A

1) A federal statute gives a conditional right to intervene

2) Absentee has a claim or defense that shares with the main action a common question of law or fact

241
Q

24(b): What are proper bases for a court to deny intervention?

A

1) Whether the intervention will unduly delay

2) Prejudice the adjudication of the original parties’ rights

242
Q

What is a 2 part test for Rule 24(b)?

A

1) Is there a common question of law or fact

2) Does the intervention cause undue delay or prejudice against existing parties

243
Q

24(c): How does a person intervene?

A

Motion plus proposed pleading that sets out the claim or defense for which intervention is sought

244
Q

Is there a time limit to filing for a motion under Rule 24?

A

No. A timeliness requirement exists, but rule imposes no fixed time limit for intervention

245
Q

24(c): How does the court evaluate timeliness?

A

1) By considering whether parties and court will suffer from fact that the effort to intervene did not come earlier
2) Whether the intervenor can be faulted for seeking to intervene at a late state in the process

246
Q

24(c): What 4 factors should the court look at to serif intervention was timely?

A

1) Length of time which the would-be intervenor knew or reasonably should have known of its interest before petitioning leave to intervene
2) The extent of the prejudice that existing parties to the litigation may suffer as result of would-be intervenor’s failure to apply for intervention as soon as it actually knew or should have known of its interest in the action
3) Extent of prejudice that would-be intervenor may suffer if it’s petition to intervene is denied
4) Existence of unusual circumstances militating either for or against a determination that the application is timely

247
Q

Which Rule deals with New Trials?

A

Rule 59

248
Q

59(a): What are grounds for granting a new trial? Who can use this rule? Does the court have to grant the motion if grounds exist?

A

Any reason for which a new trial has heretofore been granted in action at law in federal court

P, D, or court

No, but it may

249
Q

59(a): What are 4 specific reasons for granting a new trial?

A

1) Against the great weight of evidence (also against clear weight)
2) Excessive damages award
3) Procedural irregularity
4) Newly discovered evidence

250
Q

1) Is the judge permitted to weigh evidence in the following:
JMOL? N. T. ?

2) Is the judge required to view evidence/draw inferences in light most favorable to the non-moving part in the following:
JMOL? N. T. ?

A

1) JMOL: No. N.T.: Yes

2) JMOL: Yes. N.T.: No

251
Q

59(a): In federal court (other than diversity cases) what is the standard for granting a new trial?

A

If the size of the verdict ‘shocks the conscience’

252
Q

59(a): What is a ‘remittitiur’?

A

An order awarding a new trial, or

A damages amount lower than that awarded by the jury, requiring plaintiff to chose between those alternatives

253
Q

59(a): What is an ‘additur’? What marks this different in federal courts than some state courts?

A

A trial court’s order, issued with the defendant’s consent that increases the jury’s award of damages to avoid a new trial on grounds of inadequate damages

It is unconstitutional in federal courts

254
Q

59(b): When must a motion for a new trial be filed?

A

No later than 28 days after entry of judgement

Civ Pro (1 decks)

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