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45 Cards in this Set
- Front
- Back
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Rule 11
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Attorney signs all document except for discovery docs certifiying that to best of his knowledge with a reasonable inquiry the doc is not for improper purpose, claims are supportable, not frivolous
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Procedurel matters for rule 11
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continuing certification, sanctions discretionay, motion for violation served and 21 days to change/fix.
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Rule 3
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Commencement of action begins with filing of complaint
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Rule 8(a)
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Complaint must contain a short plain statement of claim, short plain statement of grounds for subject matter, and prayer for relief/demand for judgment
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Rule 8(b)
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Answer admit, deny, insufficient information, counter claim, raise affirmative defenses (sol, res judicata)
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rule 12
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Answer w/in 20 days or 60 if waiver of service of process
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Failure to answer
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treated as admission/p can requrest default judgment from clerk of ct
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Rule 12(b)-pre-answer
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Lack of subject-anytime
Lact of pj, venue, process, service, raise in pre-answer/answer or waive, Failure to state claim or join-anytime up to and including trial |
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Rule 15 (a)
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Amend once before d serves answer, d amend once w/in 20 days of answer, then seek leave of ct and given freely
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Rule 15(b)
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Variance-evidence at trial does not match pleading.If no ojection act as though amended
If object-inadmissable but seek leave to amend |
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15(c)
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Relation back
Claim-same t/o as orig Party-same t/o, with 120 days of pleading, party knew/should have known of action and should have been included |
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Rule 18(a)
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Claim joinder-plaintiff can assert any and all claims against defendent
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Rule 13 (a)
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Compulsory counterclaim-arise from same t/o
issues of law same/would res judicata ban/same evidence/logical relationship? if not subject use supp-cnof, same case/controvery |
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Rule 13(b)
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permissive counter claim
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13(g)
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Permissive cross-claim can use supp if no subject
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Rule 14
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3rd party/impleader must have pj and subject
p can amend to add new party |
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Rule 19
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compulsory party joinder
necessary-will parties be injured if not joined, will outsiders be prejudiced by results? Must have pj and smj if not can dismiss 12/b/7 or ct can grant discretionary relief to avoid dismissal |
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22
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interpleader-stakeholder can use rule to bring all parties w/claims on common property-complete diversity and pj
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1335
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statutory interpleader-minimal diveristy, 500 amt, do not need pj/nationwide
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Rule 24(a)
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Intervention of right-interest harmed if not joined and not currently represented
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Rule 24(b)
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permissive intervention-at least one common questin with pending case
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Rule 23 (a)
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numerosity-too many for practical joinder
Commonality-common questions of law/fact Typicality-reps have similar claims Reps will fairly/adequetly represent class |
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Rule 23 (b)
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1.Prejudice-limited fund, avoid harm to class members
2. Injuctive-d acted or refused to act on grounds applicable to class Damage-common questons predominate & class action is supperior method of resolving |
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Damages CLA Notice
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Individual
paid for by rep opt out or bound |
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23(e)
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settlement or dimissal must be ct approved
can be money damages or coupons members can opt out of settlement |
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42
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judge can bifurcate trial
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23(f)
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interlocutory appeal of class certification w/in 10 days of order
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cla issue
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can decertify anytime
fluid class recovery-not based on each claim sampling-try couple of indiv cases before cla to set precedence |
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23(g)
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ct assigns cousel to fairly/adequetly represent class
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23(h)
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reasonable attorney fees awarded
Lodestar-attorney hours x normal billing rate |
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Rule 27
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Deposition/discovery before action only to perpetuate evidence
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Rule 26 (a)
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initial disclosure-all people and docs used to support claims or defenses
d give insurance information computation of damages |
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26(a)(2)
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Expert witness formally retained or will use at trial
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26(a)(3)
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W/in 30 days before trial all evidence/witnesses etc
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Discovery tools
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1.depo
2.interogatories 2. requests for admission 4.physical/mental exams 5. request to produce |
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26(c)
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protective order-when discovery will cause embaressment, undue cost/burden. ct balances interests of both parties
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Privileged material
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work-product-attorney thoughts, docs produced before trial unless hardship or need
attorney cliet communication, cleargy, spousal |
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Rule 37
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discovery sanctions-motion to compel, recover costs, total failure to comply-strike pleadings, disallow evidence
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Rule 41
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Voluntary dismissal by stipulation of parties, court order, p may dismiss w/out prejudice once by serving before answer served.
Involuntary-failure to prosecute, abide by rules, or ct order |
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55
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default-by clerk of ct if no anwer filed w/in 20 days
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motion to dismiss for failure to state clam
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12(b)(6)-no genuine issue of material fact, no evidence
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Summary Judgement-56
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Evidence allowed
no genuine issue as to any material fact and entitled to JMOL |
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Rule 38
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7th amendment preserves right to trial by jury
must be requested in writing w/in 10 days of pleadings decided issue by issue jury for legal/issues of law not equity unless issues of law underly issues of equity can bifurcate claim rule 42 |
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Rule 48
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at least 6 not more than 12
voir dire process unlimited challenges for cause three prememptory strikes but not for gender/race |
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JMOL-50(a)
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opposing side has presented case
evidence legally insuffieint to support reasonable jury finding in favor or non-movant-reasonable minds cannot difer |
