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71 Cards in this Set
- Front
- Back
- 3rd side (hint)
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SMJ of Circuit Courts
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general jurisdiction, unless exclusive elsewhere
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SMJ of Appellate Courts
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only final orders, ecept partial or significant orders
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Supreme Court of IL
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must review any order declaring any statute UnCons
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PJ in IL
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IL cts have PJ if two things are true:
First, IL law must grant PJ 1. Consent 2. Presence (DDD - Dancing, Domicile, Doing repeated business) 3. Long Arm (LIMIT - land, injury, matrimony, insurance, transactions) Second, IL law must be Cons (minimum contacts + fairness) |
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3 types of Service of Process
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PAW -
1. Personal service 2. Abode (AT HIM - abode, thirteen, household, inform, mail) 3. Waiver (30 days to respond; 60 days if you waive) |
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Service of Process on entities
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Personal service on authorized agent, brainy agent, or partner (in a partnership)
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Publication
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RAMP -
Real Property Affidavit Publish |
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Venue Rule
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Venue is proper if any D resides in IL or any part of claim arise here
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Exceptions to the venue rule
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GRAIL
Government Real Property Absent Defendants IL Insurance Libel |
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Change of venue reqs
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at least 3 affidavits bearing prejudict; must be submitted before substantial issue is resolved
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Forum non conveniens
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5 chars:
1. conditional 2. discretionary 3. dismissal 4. gross 5. inconvenience |
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Contents of the pleading
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liver fact pleading
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amendments to the pleading
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liberally granted on just and reasonable terms
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key to relation back of claims
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sameness
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relation back of parties
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KISS
1. know of the claim 2. indentity of defendant is mistaken 3. service of process - new party must receive notice of mistake w/in s of p timeframe 4. sameness |
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types of joinder
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liberal and permissive
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impleader
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3rd party claims for all or part
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interpleader
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common fund + rival claimants (think of insurance companies)
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intervention
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1 - (as a right) interest adversely affected or
2 - (permissive) discretion + commonality |
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class actions
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NAACP -
Numerosity Adequacy Appropriateness Commonality Predominance |
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Methods of Discovery
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1. automatic prompt disclosure if under $50k (bases for claims; witnesses; relevant docs; dmgs computation)
2. ltd discovery depositions 3. pre-trial testifiers disclosed 4. duty to supplement |
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scope of discovery
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relevant, not privileged
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work product doctrine
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1 - atty's mental impressions are never shared
2 - anything else is always discoverable |
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motion to sub judges
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allowed once before substantial merits-based issue is decided
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P's voluntary motion to dismiss
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once before hearing or counterclaim
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D's 2-615 attacks
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pre-answer, striking allegations or dismissing claims as invalid on their face (facial defects)
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D's 2-619 attacks
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may be filed with answer or as part of answer, based on an aff matter that defeats the claim. matter outside the complaint
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summary judgment
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no genuine issue of material fact
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directed verdict
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evidence so overwhelmingly favors / no reasonable jury
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JNOV
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evidence so overwhelmingly favorED / no reasonable jury
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motion for a new trial
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discretionary for 1) substantial trial errors, and 2) verdict was merely against the manifest weight of the evidence
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motion to vacate a default judgment
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D's default if they fail to respond to the complaint in a timely manner (w/in 30 days or 60 if waive formal process). Liberally granted
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motion for relief from judgment
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File bet 30 days and 2 years, and MEND (merit, equity, new facts, due diligence)
"This petition is an extraordinary remedy for judgments tainted by fraud or perjury. (then time, MEND analysis)" |
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Finish this sentence: "PJ is constitutional if..."
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PJ is Cons if the D engaged in such minimum contacts that it would not offend traditional notions of fair play & substantial justice
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Finish this sentence: "Under the IL long arm statute, there is PJ over a D if..."
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Under the IL long arm statute, there is PJ over a D who performs one of the following acts, so long as there is a specific connection between the act and the lawsuit filed. Land
Injury Matrimony Insurance K with IL risk Transaction |
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Finish this sentence: "IL cts have PJ over a D if..."
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IL cts have personal jurisdiction if 2 things are true: 1) IL law must grant PJ, and 2) the law must be Constitutional. IL cts now have PJ to the max extent permitted by the Constitution
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Finish this sentence: "A partial order may be appealed right away if..."
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A partial final order may be appealed right away if the lower court finds no just reason to delay the appeal.
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Finish this sentence: "A sig order may be appealed right away if..."
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A significant order may be appealed right away if both the lower court and appellate court agree on 3 things. They must both agree there's
- Some doubt on the order - involving a controlling legal issue - Appellate review would materially advance the litigation |
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Finish this sentence: "Under IL law, there are ___ forms of PJ (and list)..."
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Under IL law, there are 3 forms of PJ: consent, presence, and the long arm statute.
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Persons auth to serve process
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Sheriff in IL
Deputy Coroner Any nonparty over 18 may be auth at court's discrtion upon motion |
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timeframe for effective service
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the process server must use reas diligence in service process, BUT the summons will expire 30 days after its issuance. It may be reissued, and the server may keep trying to serve process.
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Finish this sentence: "Service of process is proper in IL if..."
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Service of process is proper if 2 things are true: 1) the method of process must be proper under IL law, and the method must be Cons.
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Finish: "Service of process is Cons if..."
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Service of process is Cons if it is reasonably calculated to apprise interested parties of litigation.
*All methods of process in IL are Cons under this std. |
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Finish: "Personal service is proper w/in the vicinity of a reluctant D if..."
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Service is proper w/in the vicinity of a reluctant D if 1) there is evidence of a reluctant D and 2) so long as it's w/in the wingspan of the reluctant D.
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Finish: "Abode service is proper if..."
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(AT HIM) The auth processor may leave the process at the D's last and usual ABODE with a THIRTEEN + yr old HOUSEHOLD member, INFORMING that person of its contents and MAILING a copy to that same address.
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Reqs for proper waiver of service
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P must mail a copy of the compliant to the D w/ a request that D waive formal process (if waived, D gets 60 days instead of 30 to respond)
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Finish: "Publication as service of process is only available if..."
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RAMP:
1. real property in il 2. Affidavit, swearing that D is outside of IL or D can't be found after reasonably inquiry 3. Mailed - process is mailed to D's last known address (if known) 4. Publication, 3 wks in a row, in newspaper in area of action |
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Finish: "Venue is proper in a county where either..."
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venue is proper in a county where either
1. any D resides (domiciled for individuals; wherever entities to business, have an office, or where any single partner in a p'ship resides 2) or in a county where any part of the claim arose. |
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Exceptions to the Venue Rule
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1. Gov'tal units - a govtal unit may be sued only when its principal office is located 2. Real property - venue is proper only where the land is located
3. Absent D's - if no D's reside in IL (all gone), venue becomes proper in any county at all, even where P resides 4. IL insurance co D's - if suing an IL insurance co, venue is proper where 1) any D resides, 2) where any part of claim arose, 3) or where P resides 5. Libel - in a county 1) where D resides or 2) where libelist's article was composed |
GRAIL
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remedy for improper venue
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motion to transfer venue to a proper venue - must be filed in the first response to the complaint. It will be granted in the ct's discretion for the convenience of the parties and witnesses
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Motion to change venue
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a motion to relocate the action based upon the bias of the inhabitants of the city where it was filed.
Need: 3 affidavits - 1 from movant showing it fears bias against it by the county's inhabitants, 2 from inhabitants swearing that such fear is founded |
contrast: motion to transfer venue
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timeframe for motion to change venue
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file motion to change venue befor ethe judge has ruled on any substantial issue going to the merits of the matter
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forum non conveniens
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a lawsuit that is filed w/ proper SMJ, proper PJ & proper venue may still be dismissed for forum non conveniens
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5 chars of forum non conveniens
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1. discretionary - to the ct
2. dismissal - remedy for forum non conveniens 3. gross - huge, big 4. inconvenience - to parties and witnesses 5. conditional - D must agree to waive any objection it would have to being sued in an alt new forum if the P refiles in that new forum w/in 6 mos |
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affirmative defense
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pled in the answer or else waived. As a rule, a true AD admits the allegations in the complaint as true and nonetheless asserts some affirmative matter that defeats the claims.
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IL policy on amendments. "In IL, we have a _____ amdmt policy, and therefore..."
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In IL, we have a liberal amendment policy, and therefore, amendments shall be liberally granted on just and reasonable terms to save the merits of the action.
Note: relation back of amendments to conform to the SOL period |
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relation back
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amdmts to the complaint which add claims or parties which are themselves not timely may nonetheless relate back in time to the date of an orig timely filed complaint and conform to the SOL period
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reqs for relation back of claims
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1. knowledge - the new party must have knowledge of the complaint such that it would not be prejudiced by the add'n
2. id of orig party a mistake 3. s of p timeframe - the new party must acquire knowledge of that mistake w/in the S of P timeframe (w/in time allowed for S of P, which is "reasonable diligence" - often goes beyond the SOL, as long as reas dil) 4. Sameness |
KISS
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joinder of parties or claims
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IL has liberal policy.
joinder of claims: "P may join as many claims as it has against a D, regardless of whether there is any connection whatsoever bet those joint claims." joinder of parties: "Parties may be joined to a suit as long as the claims involving those prties stem from same transaction/occurrences or series of trans/occurrences |
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impleader - "D's may implead a new claim against a new party if..."
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D's may implead a brand new claim against a brand new 3rd party so long as that 3rd party may be liable to the D for all or part of the D's same liability to the P
(look for: indemnity or contribution) |
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interpleader - "The holder of a common fund may..."
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the holder of a common fund may initiate a lawsuit as a P and interplead as D's all rival claimants to its common fund (e.g., insurance co after person dies; need not wait to be sued).
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intervention
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the act of a nonparty in moving to become a party in an ongoing lawsuit
1. As a right - the intervenor has the rt to intervene if it has an interest that will be adversely affected by the lawsuit and not protected by the parties 2. Permissive - discretionary - ct has disc to grant permissive intervention if there is a commonality of issues bet those in the ongoing lawsuit and those affecting the intervenor |
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class actions
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an action in which a named P represents a clas of commonly situated or absent Ps. Tremendous judicial involvement
know: judge must 1. grant class cert 2. order notice to the class 3. approve any settlement |
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cert reqs for all class actions
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numerosity -
adequacy appropriateness commonality predominance |
NAACP
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discoverability requirements
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1. method must be proper, and
2. the material sought must be w/in the proper scope of discovery as well |
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proper methods of discovery in IL
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automatic prompt disclosure, depositions (discovery v. evidence), pretrial disclosure of testifying witnesses (controlled v. indep testifying experts, lay testifying witnesses)
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automatic prompt disclosure (what must be disclosed?
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All factual and legal basis for claims or defenses
All potential testifying witnesses All relevant docs Damages computation Relevant insurance coverage |
5 things
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discovery depos
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all depos are presumed to be discovery depos and therefore are limited (3 hrs max) and may be used at trial only to impeach or as an admission in the ct's discretion if the opponent becomes unavailable
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evidence depos
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Evidence - must be designated to be an evidence deposition in the notice. This evid depo may be used at trial as evid if the opponent is unavailable or is a healthcare professional
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pretrial disclosure of testifying witnesses (3 types)
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1. Controlled testifying experts - testifying on behalf of a party - full disclosure of their qualifications and opinions is required
2. Independent testifying experts - not retained by a party - the topics of their testimony & summaries of their opinions must be disclosed 3. Lay testifying witnesses - merely the topics of their testimony |
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scope of discovery relevance
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Relevance - liberal, broad relevance - rel to any part of any claim or defense, and need not be admissible at trial
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