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13 Cards in this Set
- Front
- Back
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Opening Argument
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Washington state civil procedure rules and local court rules promote litigation efficiency and courts generally require strict compliance.
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Statute of limitations
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• The Statute of Limitations (SOL) for this claim is [x] years from the time of discovery/breach/tort occurs.
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When action is commenced
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• An action is tentatively commenced when π (1) serves the summons and complaint (2) files the complaint or (3) does both. The SOL is tolled for 90 days for π to complete both steps.
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Personal jurisdiction
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• WA must have personal jurisdiction over a person through (1) notice (usually service of process by someone over 18 who is not a party to the litigation) and (2) minimum contacts (physical presence, residency, long-arm jurisdiction).
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Subject matter jurisdiction and venue
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• The Superior Court has general jurisdiction to hear all cases and venue is in the county where ∆ resides or where the action arose.
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Notice pleading
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• Since WA is a notice pleading state, π needs only to assert a statement consisting of general allegations. π’s pleadings must include jurisdiction/venue, factual events, a claim upon which relief can be granted, and relief desired.
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Answer and pre-trial objections
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• ∆ has 20 days to answer and failure to object in the answer or by pre-trial motion for lack of jurisdiction, improper venue, or insufficiency of service will forever waive ∆’s right to object.
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Summary judgment
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• If the pleadings show that there is no genuine issue as to any material fact, either party may move for summary judgment.
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Discovery
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• There are five forms of discovery: (1) depositions, (2) interrogatories, (3) production of documents, (4) physical/mental examinations, and (5) request for admissions - deemed admitted if not objected to within 30 days.
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Fisons
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• Under the Fisons case, discovery must be responded to in a truthful and complete manner. Discovery cannot be unduly burdensome, especially on third parties.
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Post-trial motions
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• Post trial motions include: (1) motion for new trial - made within 10 days of judgment, (2) motion for judgment as a matter of law - made after a party rests or within 10 days of entry of judgment, or (3) motion to vacate the judgment (if more than 10 days have elapsed).
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Grounds for a new trial
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• Grounds for a new trial include irregularity in the proceedings, misconduct by persons involved in the trial (including prevailing parties, witnesses, and jurors), excessive or inadequate damages, and newly discovered evidence that could not have been discovered earlier with reasonable diligence.
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Preserving for appeal
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• Issues for appeal must have been preserved by timely objection.
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