WRONG ANSWERS Flashcards
(4 cards)
When is the in-state defendant rule applicable?
- D seeks to remove the case to federal court.
- At least one D is a citizen of the state in which the action was brought.
- The jurisdiction of the federal court is based solely on DIVERSITY jurisdiction (not FQ).
Are draft reports and disclosures of trial experts covered by the work product protection?
How about confidential communications between attorneys and experts.
Yes
Yes, EXCEPT for communications relating to the expert’s compensation or for facts or data the attorney provided to the expert.
What must a party do before filing a motion to compel discovery?
When can an award of reasonable expenses be imposed?
When can sanctions generally be imposed?
Before filing a motion to compel, the moving party must certify that they made a good faith attempt to confer with the other party to obtain the discovery without court involvement. This certification is a prerequisite to an award of reasonable expenses.
Sanctions are generally imposed only when a party violates a court order related to discovery.
When does the judge (rather than the clerk) need to enter a default judgment?
When is notice necessary to the defaulting party?
A judge must enter the default judgment if the defendant has “appeared” in the case (even without answering), or if damages need to be determined. An appearance cuts off the clerk’s ability to enter the judgment.
If the defendant has “appeared,” they must be given notice of the request for default judgment by first-class mail at least 7 days before the hearing.
A defendant has “appeared” if they have made any formal appearance before the court or taken any action that clearly shows an intent to contest the case
