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89 Cards in this Set

  • Front
  • Back
summons
4
serving and filing pleadings and other papers
5
time
6
pleadings allowed, form of motions,
7
general rules of pleading
8
claims for relief:
short and plain statement of jxn
short and plain of relief
damages sought
8a
Defenses/Denials: short and plain, admit or deny, specify parts denied, total denial subj to 11
8b
affirm defenses, illegit defenses may become counterclaim
8c
fail to deny = admittance
8d
pleading in the alt
8e2
heightened pleading for fraud
9b
ethics for pleading
11
defenses and objections
12
present answer within 20 days, 60 if waiver
12a
claims not req'd in responsive pleading
12b
motion for more definite statement
12e
motion to strike insuff defenses or scandalous stuff
12f
defenses not brought in motion or answer are waived, except failure to state claim, lack of Rule 19 party
12g + h2
12b2-5 waived if not brought initailly, 12b6-7 can be brought through any time til end of trial, 12b1 at any time (no SMJ)
12h
compulsory counterclaims
13a
permissive c claims
13b
counterclaim maturing
13e
omitted counter claim
13f
cross claim
13g
joinder allowed
13h
seperate trials and jdgmnts allowed under 42b and 54b
13i
impleader
14
amendments: once w/i 20 days if no RP, or with leave
15a
relation back: part of sol law, if part of original x-action, or if by mistake and there was notice
15c
supplemental pleadings
15d
joinder of claims
18a
compulsory joinder
19
permissive joinder - for same xaction or occurrance, with any common quest of law or fact
20
misjoinder - not grounds for dismissal
21
interpleader
22
intervention of right
24a
permissive intervention
24b
req'd disclosures, methods to get addl materials
26a
discovery scope and limits
26b
protective orders
26c
timing and sequence - nothing done til after 26f, unless leave
26d
supplementation of disc
26e
conference and planning of parties
26f
rule 11 of discovery
26g
persons before whom depos are taken - must be someone who can admin oaths and take testimony
28a
disqualification for relatives present
28c
discovery stipulations
29
need leave for more than 1o depos or to re-depo someone
30a2
written notice to be received by deponents, with method of depo
30b
non arg, no more than 7hrs in one day
30d
use of depos in court
32
interogs limited to 25, served to an agent of corp
33a
biz record interog can be answered by making docs available
33d
production of docs and things should be granted, as well as access to land
34a
production req procedure: written req gets a written reply re time, place, manner of docs
34b
req for admission of things disco'd under 26b1
36a
motions for compelled disco, or for more complete repsonse
37a
if compelled, party takes legal cost of motions
37a4
sanctions for failure to comply w compel
37b
jury trial preserved by right
38a
jury trial demanded by serving a demand to other parties, and filing re 5d
38b
can specify which claims jury is wanted for
38c
jury not requested is jury waived
38d
jury req will go to jury unless ct determiens no right to jury, or unless stip'd by parties
39a
court may order a jury trial
39b
p can dismiss w/o order of ct if before SJ motion or RP; otherwise will be stip'd by parties, 1st dismissal w/o prejudice, 2nd is with
41a
otherwise, dismissal only by ct order, and if c-claims can be adjudicated seperately
41a2
invol dismissal, except for jxns, venue, and 19, will be on merits
41b
dismissal of case applies to all c-claims, etc
41c
if dismissed case is re-brought, costs may be assigned for first case
41d
cases can be consol'd if under comm quest of law or fact
42a
claims can be separated for any reason
42b
subpoena form and issuance, for non parties re: trial, depos, or production
45a
subpoena service: over 18, with fees for mileage, (less than 100 miles, or anywhere in state)
45b
protection of persons - sub-p's can be modified or quashed for hardship or priv
45c
duties of respondent to sub-p: comply or be in contempt
45d
jury selection - parties limited to three preempt challenges
47
jury of b/w 6 and 12, unless stip'd, 6 needed for valid jdgmnt, must be unanimous
48
jmol
50a
renewed jmol/ alt motion for new trial
50b
judgment can be made on any claims decided before the end of trial
54b
costs allowed
54d
default - allows for clerk to enter for P when D does not answer
55
sj for claimant - can move 20 days after service, or after their SJ motion
56a
defending party can serve sj at any time
56b
SJ must be served at least 10 days before trial, granted if no gen issue as to material fact AND that the moving party is entitled to judgment as a matter of law
56c
at SJ motion hearing, court determines the facts
56d
party adverse to SJ can't just deny; must set forth specific facts showing a genuine issue for trial
56e
for new trial, move within 10 days, can be granted on court's initiative
59