Rules part 2

Question 1

rule 22

Answer 1

interpleader

Question 2

what do you still need with rule 22 (interpleader)

Answer 2

jurisdiction

Question 3

what is interpleader related to?

Answer 3

property, don’t know who’s property it is. Don’t want to have separate cases or divide property.

Question 4

ways to invoke a interpleader:

Answer 4

1) rule (diversity case and so diversity requirements apply. stakeholders must be diverse from all claimants)
2) statutory interpleader (1 claimant needs to be diverse from 1 claimant)

Question 5

what kind of service does statutory interpleader allow?

Answer 5

nationwide (never have a problem with PJ as long as each claimant is in US)

Question 6

Rule 23

Answer 6

class actions

Question 7

what do plaintiff’s need for a class action?

Answer 7

1) numerosity (such the traditional joinder is impracticable)
2) commonality (common question or fact)
3) typicality (claims of rep p’s are typical of class)
4) adequacy (rep need to adequately protect the class)

Question 8

Rule 24

Answer 8

3rd party intervention

Question 9

what is 3rd party intervention? (24)

Answer 9

additional parties who want to be joined (intervention).an outsider wants to come into the case voluntarily

Question 10

2 types of 3rd party interventions

Answer 10

1) of right

2) permissive

Question 11

characteristics of of right 3rd party interventions

Answer 11

1) higher burden on intervener
2) court has less discretion
3) if case goes forward w/o outsider, outsider agrees that his/her interest would be harmed and existing parties won’t adequately represent outsider’s interest

Question 12

characteristics of permissive 3rd party interventions

Answer 12

1) generally freely granted based on court’s discretion unless in a weird fact pattern
2) as long as party is seeking to intervene has a claim or question that gods along with the underlying case

Question 13

rule 26

Answer 13

duty to disclose/general provisions governing discovery

Question 14

what are initial disclosure under rule 26?

Answer 14

1) must disclose information before discovery even starts
2) names and addresses
3) basic info
4) disclose insurance that might cover party
5) enforcement of incentive to parties to disclose req info b/c they might not be allowed to introduce it at trial

Question 15

what do you need for disclosure of expert testimony?

Answer 15

names, opinions, credentials, if being paid how much?, basis for testimony. Give other party opportunity to counter expert’s opinion

Question 16

when should the plea for trial disclosures be made?

Answer 16

no later than 30 days before trial

Question 17

what is the scope of allowing discovery (26)?

Answer 17

1) non-privelaged matter that is relevant to any party’s claims or defense
2) has to be worth the expense and helpful (proportionality)
3) leads to permissible evidence

Question 18

what is the scope of not allowing discovery (26)?

Answer 18

1) hearsay is not admissible but may be discoverable

Question 19

why may hearsay be disoverable?

Answer 19

b/c it can lead to other witnesses and info

Question 20

are privileged matters discoverable/

Answer 20

no even if it’s relevant (attorney/client privilege)

Question 21

who can discovery be obtained by?

Answer 21

parties and nonparties

Question 22

what is discoverable material closely tied to

Answer 22

pleadings

Question 23

is work product discoverable?

Answer 23

no, it’s protected from discovery to avoid a freeloader problem. get advantage of the work you have done and paid for.

Question 24

when can work product protection be waived?

Answer 24

1) if you can show a substantial need

2) if you could show that info is not otherwise easily available

Question 25

4 ways courts may become involved in discovery?

Answer 25

1) respondent part asks for a protective order (court has discretion) 2) respondent responds incomplete, answers some q's and objects to other b/c they may invade privilege 3) respondent fails to attend deposition 4) interrogatories - no show (party seeks motion for serious sanctions)

Question 26

Rule 33

Answer 26

interrogatories

Question 27

what is the limit one can serve interrogatories (33)?

Answer 27

may serve any other party no more than 25 written interrogatories

Question 28

what happens to any ground no stated in a timely objection to an interrogatory?

Answer 28

it is waived unless the court, for good cause excuses the failure.

Question 29

rule 34

Answer 29

request to produce

Question 30

rule 35

Answer 30

physical and mental exams

Question 31

how must rule 35 be enforced?

Answer 31

by court order, ONLY FOR PARTIES' or parties in custody (children)

Question 32

when can someone request an exam under rule 35?

Answer 32

when the person's physical or mental condition is in controversy and the requester must show good cause to compel exam. Person being examined waives doctor/patient privilege to make exam eligible for evidence

Question 33

rule 36

Answer 33

request for admission

Question 34

what is request for admission?

Answer 34

party may serve on another party to admit facts the application of law to fact, or opinions about either

Question 35

Rule 56

Answer 35

Summary Judgement

Question 36

why can a case move to summary judgment?

Answer 36

b/c it survived a rule 12 motion to dismiss for failure to state a claim

Question 37

does summary judgement mean that the P will prevail in he action?

Answer 37

no b/c it can still be dismissed under rule 56

Question 38

in order to win a summary judgement what must P do?

Answer 38

meet trial burden of production and burden of persuasion

Question 39

what does summary judgement allow?

Answer 39

a way to avoid full-dress trial in unwindable cases, freeing court to utilize scarce resources in more beneficial ways.

Question 40

who may move for summary judgement?

Answer 40

any party (P/D/claimant/crossclaimant/ counterclaimant

Question 41

when does the court grant summary judgment?

Answer 41

if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgements as a matter of law (JMOL)

Question 42

at the stage of summary judgement when do we regard pleadings as true?

Answer 42

something was admitted against a party's interest

Question 43

rule 50

Answer 43

judgement as a matter of law (JMOL) (pre-verdict)

Question 44

requirements for JMOL (directed verdict)

Answer 44

no rational jury could find for the party opposing the motion on that issue

Question 45

in order to find in favor of the moving party in JMOL what needs to happen?

Answer 45

the judge needs to say that even though we have a jury and have heard the evidence, no reasonable jury could find in favor of the nonmoving party.

Question 46

when can JMOL be brought?

Answer 46

after the opposing party has had an opportunity to be fully heard on the issue. D has to wait until P has been heard, P has to wait until D has been heard

Question 47

rule 50(b)

Answer 47

post-verdict JMOL (RJMOL)

Question 48

how can a RJMOL be filed?

Answer 48

JMOL must have already been filed previously

Question 49

what kind of standard is there for RJMOL compared to JMOL?

Answer 49

a higher standard b/c judge has already denied one JMOL and this is after the jury already gave a verdict.

Question 50

is a judge likely to take a verdict away from a jury with RJMOL?

Answer 50

not likely, especially b/c jury was able to make decision based on evidence

Question 51

rule 59

Answer 51

new trial

Question 52

when may the court grant a new trial (59)?

Answer 52

on motion on all or some of the issues and to any party after the jury trial and after the a nonjury trial

Question 53

when must a motion for a new trial be filed?

Answer 53

no later than 28 days after the entry of judgement

Question 54

how long does the opposing party of motion for new trial have to file opposing affidavits?

Answer 54

14 days after being served

Question 55

when can a motion to alter or amend a judgement be filed?

Answer 55

no later than 28 days after the entry of judgement