Set 5 Flashcards
Depositions can be used in court if
A party may do this with leave of court
Can a party amend pleadings?
A party may do this with leave of court
What is a misjoinder?
Joining of parties in a single action who should not be sued together
When can a misjoinder be dismissed?
At any time as justice requires
What is a nonjoinder
Omission of a party who ought to be joined
How can parties be added?
On motion within 21 days of filing the complaint or the court can also add a party at any time
When can a necessary party be joined?
If 1) complete relief cannot be granted in their absence, or 2) absence of that person impedes their ability to protect their interests
What should the court do if a necessary party cannot be joined?
Decide if the action should be dismissed because absent party is indispensable
What is interpleader?
When a person holding property subject to competing claims joins all claimants to decide who is entitled to the property
SOL on PI
This type of claim must be brought within 2 years of injury
SOL on actions for UCC Ks for sale
This type of claim must be brought within 4 years
When is the SOL tolled if the person is a minor
The SOL is tolled until minority ends
Is the SOL tolled if the person is disabled?
SOL tolled until disability ends
If a conservator or guardian is appointed the SOL…
Suit must start before the later of expiration of SOL or within one year of appointment
If an action is dismissed without determination of merits, the SOL
Time is tolled for the time pending action was pending
If there is a 3rd party’s claim for indemnification/contribution, SOL
If action is brought within 30 days of end period, SOL is suspended for 60 days to add new parties
If changing/adding a claim, tolling relates back to initial filing if
If 1) claim arose out of the same T/O, 2) amending party was reasonably diligent, and 3) parties opposing amendment will not be substantially prejudiced
If changing a party, tolling relates back to initial filing if
1) Claim arose out of the same T/O
2) New party had notice within the time limit
3) New party will not be prejudiced, and
4) New party knew or should’ve known he was the proper party
How should SOL be raised as a defense?
It must be pleaded as an affirmative defense
What is within the scope of discovery?
Any non-privileged, relevant matter
Must items of discovery be admissible?
Need not be admissible if reasonably calculated to lead to discovery of admissible evidence
How can discovery be limited?
If unreasonably cumulative, party had ample opportunity to obtain info, or unduly burdensome or expensive
Are trial preparation (work product) materials discoverable?
Yes if party has substantial need and cannot obtain material by other means
Are non testifying experts discoverable?
This type of experts are not discoverable unless exceptional circumstances make it impracticable to obtain facts/opinions by other means
