Civ Pro True False Rule

Front 1

Replies to an answer or third party answers are always allowed as pleadings

Back 1

False
Allowed only upon court orders

Front 2

An application for an order must be made by a motion in writing, must state the grounds for the motion with particularity, but does not have to state relief sought

Back 2

False
Shall state relief sought as well

Front 3

A complaint must contain grounds for the court’s jurisdiction, a statement of claim showing the party is entitled to relief, and a demand for judgment

Back 3

True

Front 4

Alternative relief may not be asked for in the complaint

Back 4

False
Alternative relief may be demanded

Front 5

If you do not answer an assertion in a claim, then it will be taken as admitted

Back 5

True
Failure to deny deemed to have been admitted UNLESS responsive pleading was not required
the admission involved a disputed of the amount of damages claimed

Front 6

If the pleader makes a mistake and puts counter-claims as affirmative defenses, the court may not treat it as if it were not made without mistakes.

Back 6

False
If the pleader makes a mistake and puts counter-claims as affirmative defenses the court may treat it as if it were without mistakes

Front 7

When pleading special matters, everything can be averred generally

Back 7

False
acusations of fraud, mistake, must be stated with particularity
malice, intent, knowledge, conditions of mind may be alleged GENERALLY

Front 8

Every complaint must have a caption, which includes the name of the court, titles of the action, file number, and a designation of the pleading

Back 8

True

Front 9

All pleadings can be signed by a lawyer, or other party

Back 9

False
A lawyer MUST make signature if there is no lawyer the pleader must sign

Front 10

The only way to impose sanctions is to file a motion for sanction

Back 10

False
can be initiated by motion or by courts initiative

Front 11

If a counterclaim arises out of the same transaction or occurrence, it can be asserted at anytime

Back 11

False
(do not assert your counterclaim – res judicata then gone forever)

Front 12

A cross claim can be brought at any time as long as it arises out of the same transaction or occurrence as the original claim

Back 12

True

Front 13

A defendant has 20 days after filing the original answer to bring in a 3rd party who is liable to them if they are liable to the plaintiff

Back 13

False
A defendant has 10 days after filing the original answer to bring in a 3rd party who is liable to them if they are liable to the plaintiff

Front 14

A plaintiff can bring a 3rd party claim

Back 14

True

Front 15

A pleading can be amended at any time before it is answered, or within 20 days after it was served if no answer is required

Back 15

True

Front 16

If a party fails to meet the time requirements in the above question, he can never amend his pleadings

Back 16

False
CAN if he requests leave of court

Front 17

After a pleading has been amended, the party only has 10 days to answer it

Back 17

False
must be done in the longer of 10 days after service of the amendment or the time remaining within the original 20 day response period

Front 18

When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated as if they had been raised in the pleadings

Back 18

True

Front 19

An amended pleading will never relate back to the date of the original pleading

Back 19

False
If it arises out of the same conduct or occurence it would relate back

Front 20

An action must be brought in the name of the real party in interest

Back 20

True

Front 21

Whether a person has the capacity to sue or be sued will be determined by the laws of the state where the action is brought

Back 21

False
shall be determined by the law of the parties STATE oF DOMICILE
corporation - law of state in which it was organized
all other cases - law of the cases of the district court

Front 22

A party can only join multiple claims against an opposing party if they all arise out of the same transaction or occurrence

Back 22

False
RULE 18a - a MAY join any independent or alternative claims

Front 23

When a person is needed in an action in order for just adjudication, he will always be allowed to join the action

Back 23

False
Can only if they meet subject and personal jurisdiction

Front 24

A party will be permitted to join an action if they have a related claim and will not break SMJ

Back 24

True

Front 25

Any party can motion the court to sever a claim so that it could be proceeded with separately

Back 25

True

Front 26

When a party might be exposed to multiple liability, the opposing parties may be joined to fight over who gets what portion of the money. However, all the opposing parties’ claims must arise out of the same transaction or occurrence

Back 26

False
The claims dont need to rise out of the same transaction or occurence

Front 27

In order to bring a class action, 4 things must occur: 1) joinder must be impracticable because of the size of the class; 2) there are common questions of law/fact; 3) the claims or defenses of the representative is typical of the rest of the class; 4) and the representative party will fairly and adequately protect the interests of the class

Back 27

True

Front 28

If class action certification is granted or denied, an application for appeal must be made within 20 days

Back 28

False

Front 29

An intervention of right will be permitted when a statute gives such a right, or when the applicant claims an interest in the property/transaction and will be affected by the outcome of the case

Back 29

True

Front 30

A permissive intervention will be permitted whenever someone affirmatively seeks to intervene in the action

Back 30

False
Permitted if law and fact relation but...
Court has discretion to allow

Front 31

When a party to an action dies, he can substituted with another party if the motion for substitution is filed within 120 days of the persons death

Back 31

False
When a party to an action dies, he can substituted with another party if the motion for substitution is filed within 90 days of the persons death same applies for incompetency
Public officer is an automatic substitution

Front 32

If a party becomes incompetent subsequent to the commencement of an action, the action by/against such a party will be automatically dismissed

Back 32

False
May allow the suit to continue in the name of a representative of the incompetent person

Front 33

A petition for habeus corpus of other proceeding to challenge a criminal conviction or sentence is exempt from the initial disclosure under Rule 26(a)(1). Therefore, these disclosures must be made within 60 days after the Rule 26(f) conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in the circumstances of the action and state the objection in the Rule 26(f) discovery plan.

Back 33

False
– 14 days

Front 34

Disclosures can be made within 30 days after the meeting of the party

Back 34

False
SHALL and 14 days after the meeting of the party

Front 35

A party may disclose the identity of all expert witnesses who may be used at trial

Back 35

False
A party MUST disclose the identity of all expert witnesses who may be used at trial 26(a)(2) – must

Front 36

Pretrial disclosures must be submitted at least 30 days before trial

Back 36

True

Front 37

A party may obtain discovery regarding any matter that is not privileged and relevant to the claim or defense of any party

Back 37

True

Front 38

The following may be examined in the determination of a protective order:
a. Motion for protection must be made
b. Showing of good cause
c. Certification of good-faith effort or attempt to settle the mater without the court

Back 38

False
MUST be examined in the determination of a protective order

Front 39

Parties shall confer at least 45 days before scheduling a Rule 16(b) conference of order

Back 39

False
Parties shall confer at least 21 days before scheduling a Rule 16(b) conference of order

Front 40

A motion for leave to take deposition must be filed, including:
a. The names and addresses of people to be examined and the substance of testimony to be elicited. AND
b. The reasons for requesting advance testimony

Back 40

True

Front 41

Depositions must be taken before
a. An officer authorized to administer oaths by US law and
b. A person appointed by the court

Back 41

False
. An officer authorized to administer oaths by US law OR
b. A person appointed by the court

Front 42

A deposition may be taken by a fiduciary, attorney, employee, or relative of a party or the attorney

Back 42

False
by either an officer authorized by US law or a person appointed by the court

Front 43

If a subpoena duces tecum is not to be served, notice must include the materials sought to be produced

Back 43

True - 30b(1)
if it is served notice must include materials to be produce

Front 44

Unless the court otherwise mandates, parties may agree in writing or orally to:
a. Provide for depositions, which may be taken before any person, at any time, or any place, AND
b. Modify procedures and limitations dictated by the Federal Rules

Back 44

False
CANT be oral MUST BE in writing

Front 45

A deposition is limited to 1 day of 7 hours.

Back 45

True

Front 46

At no time during the deposition may a party or deponent move to terminate the examination or change its scope

Back 46

False
At ANY time if depo is in bad faith, unreasonably embarrasing, anoyoning, or oppressive (depo wil be suspended)

Front 47

If a serving party does not attend a deposition, he is responsible for fees and expenses of the other party and the deponent, if the court so orders

Back 47

True
Failure to attend - responsible for reasonable fees or expensives

Front 48

If a witness does not attend because the serving party fails to serve a subpoena, the serving party must pay reasonable expenses/ fees for the other party’s attorney showing up, if the court so orders

Back 48

True

Front 49

Within 30 days of service of questions, a party may serve cross-questions to all other parties

Back 49

False
Within 14 days of service of questions, a party may serve cross-questions to all other parties
re-cross = 7 days
re-direct = 7 days

Front 50

Within 14 days of being served cross-questions, a party may serve redirect questions to all other parties

Back 50

False
Within 7 days of being served cross-questions, a party may serve redirect questions to all other parties

Front 51

When the deposition is filed the party taking it must promptly give notice to all other parties

Back 51

True
NOTICE of filing - must promptly give notice to all other parties

Front 52

Objections to the admissibility of a deposition may be made at any time during the trial or hearing

Back 52

True

Front 53

All errors can be deemed waived unless written objection is served promptly after the party gave notice

Back 53

False
All errors in depositions SHALL be deemed waived unless written objection is served promptly after the party gave notice 32(d) - shall

Front 54

A party may not serve more than 40 interrogatories

Back 54

False
A party may not serve more than 25 interroagories

Front 55

Interrogatories must be returned within 15 days after they were served

Back 55

False
Interrogatories must be returned within 30 days after they were served

Front 56

Grounds for objections can be stated with specificity

Back 56

False
Grounds for objections must be stated with specificity

Front 57

Non-parties may not be compelled to produce documents under Rule 45

Back 57

False

Front 58

An adverse party may request a report of the examination

Back 58

True

Front 59

If no answer or objection is received within 20 days of the request for admission, a party is considered to admit the allegation

Back 59

False
(30 days) of the request for admission, a party is considered to admit the allegation

Front 60

Any admissions are conclusively established, unless the court grants a motion to withdraw or amend the admission

Back 60

True

Front 61

Sanctions may be imposed if a party does not disclose information

Back 61

True

Front 62

An appropriate court for an order to a party shall be made to the court in which the action is pending. An application for an order to a person who is not a party shall be made to the court in the district where the discovery is being or is to be taken

Back 62

True
party = where action is pending
non-party = where deposition is pending

Front 63

A ∆ may move for dismissal of an action or of any claim against the ∆ if the ∏ fails to comply with the FRCP or an order of the court

Back 63

True

Front 64

Under Rule 41, a ∏ may dismiss an action without order of court. This dismissal will be considered with prejudice

Back 64

False
Voluntary dismissal - action may be dismissed without a court order - without prejudice
unless - plaintiff has already voluntarily dismissed once

Front 65

The court may not join hearings or trials of an matters involving a common question of law or fact unless a party moves for joinder

Back 65

False
the court MAY - if cases involve common cases of law and fact, may order a joint hearing or trial of any issue or a COMPLETE consolidation of the action and may make orders to avoid cost/delay

Front 66

Failure to obey a served subpoena will result in contempt of the court in which the subpoena is issued, unless an adequate excuse is made. An exampled being that a non-party is required to travel more than 50 miles

Back 66

False
An exampled being that a non-party is required to travel more than 100 miles

Front 67

Within 30 days of service of the subpoena, the party subject to the production or inspection may serve a written objection upon the other party or his attorney

Back 67

False
within 14 of service
once an objection is made the party may not insepct without a court order

Front 68

A motion may be renewed after the verdict by filing and serving it within 10 days after entry of judgment

Back 68

True

Front 69

If a party against whom judgment by default is sought has appeared in the action, the party shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application

Back 69

True

Front 70

The court must set aside an entry for default judgment if:
a. Good cause is shown OR
b. Cause under Rule 60(b) is shown

Back 70

False
MAY set aside an entry for defualt judgment

Front 71

A motion for summary judgment must be served to the adverse party at least 15 days before the scheduled hearings

Back 71

False
10 days before the hearing (rule 56c)

Front 72

Clerical mistakes in judgments, orders, or other parties of the record may not be corrected before an appeal is docketed

Back 72

False

Front 73

Under the interpleader statute, you only need to have a minimum of 2 diverse parties (minimum diversity) and the amount in controversy only has to be $500

Back 73

True

Front 74

Federal courts with original jurisdiction will have supplemental jurisdiction over all other claims that are so related to claims in the original action that they form part of the same case or controversy

Back 74

True

Front 75

When a Federal Court has diversity jurisdiction over an action, any claims brought under Rules 14, 19, 20, or 24 of FRCP must have an independent basis for SMJ

Back 75

False
any claims brought by PLAINTIFFS

Front 76

The District Court must dismiss any supplemental claim when all the claims over which it had original jurisdiction have been dismissed

Back 76

False
MAY dismiss any supllemental claim when all the claims over which it had original jurisdiction have been dismissed

Front 77

Venue will be proper in the following situations: 1) if everyone is from the same state, then any district where any of the defendants actually reside; 2) if they are not from the same state, then wherever the majority of the events giving rise to the claim occurred; OR 3) if the 2 above don’t work, then any district where any of the ∆’s are subject to PJ

Back 77

True

Front 78

When a civil action involved property located in different districts in the same state, the action must be brought in the district in which the majority of the property is located

Back 78

False
can be brought in any district

Front 79

When bringing a statutory interpleader action, it can be brought in the judicial district in which one or more of the claimants reside

Back 79

True
May be brought in the judicial district in which one or more of the claimants reside

Front 80

In the interest of justice a district court may transfer any civil action to any other district it wants

Back 80

False
may transfer the case to any other district that the case may have been brought, or both parties may consent to changed venue

Front 81

When venue is improper, the case will automatically be dismissed

Back 81

False
May dismissed or transfered

Front 82

When a case is transferred under a 1404 change of venue, the law of the jurisdiction where the case was originally brought is used in the new jurisdiction

Back 82

True

Front 83

When a case is transferred under a 1406, the law of the new jurisdiction is used

Back 83

True

Front 84

For the convenience of the parties, whenever there are civil cases with common questions of fact pending in different districts, a panel or judges in one of the proper districts will be set up to handle all of the pre-trial proceedings

Back 84

True
multi-district litigation
with common questions of fact may be transfered to any district for coordinate or consolidated pretrial precedings

Front 85

Federal claims can be removed to State courts under §1441

Back 85

False
Can only go from state to federal

Front 86

When many claims are joined together in one action, as long as one of the claims is removable then all of the claims can be removed together

Back 86

True

Front 87

If any of the defendants are citizens of the state where the claim was brought, then no removal will be allowed

Back 87

True
for diversity cases only

Front 88

A notice of removal must be filed within 20 days after the defendant received the initial pleading

Back 88

False
A notice of removal must be filed within 30 days after the defendant received the initial pleading

Front 89

When a case is brought in a district that did not have jurisdiction over it, the court must dismiss the case and let the plaintiff bring it again in the proper jurisdiction

Back 89

False
Transfer to cure want of jurisdiction - if a court finds there is a want for jurisdiction the COURT SHALL, in the interest of justice, transfer such action as to any other court in which the action or appeal could have been brought at the time it was filed or noticed

Front 90

P, a citizen of Indiana, sues D, a citizen of Nevada, and X , a citizen of California, in a federal court. The amount of the claims exceeds $75,000. Either X or D could successfully move to dismiss for lack of jurisdiction

Back 90

False
diversity here is ok

Front 91

P brings a suit in federal court for breach of K. P alleges as the basis for jurisdiction that D will claim that a federal statute bars enforcement of the K. D’s motion to dismiss for lack of jurisdiction will be granted

Back 91

True

Front 92

P, a resident of Northern District of California, sues D, a resident of the Southern District of New York, for injuries suffered in Utah, which has but one federal district court. Federal venue would be proper in any one of the three mentioned districts

Back 92

False
NO to california

Front 93

P, a citizen of California, sues D, a citizen of Nevada, in a Nevada state court on an $80,000 claim. D can remove the claim to federal court

Back 93

False
Cant remove when you have home field advantage (D is already from Nevada)

Front 94

A challenge based on lack of SMJ is waived if not made prior to trial

Back 94

False
SMJ is NEVER WAIVED

Front 95

P sues D for breach of K. D has a claim against P for injuries occurring in a fight. D may assert his claim as a counterclaim against P’s action

Back 95

True

Front 96

P sues D to enjoin D from constructing a building, alleging that D’s methods of construction violate air pollution laws. D is under contract to T to erect the building on T’s land. The court may not proceed with the case unless T is joined as a party.

Back 96

True

Front 97

P has a claim of breach of a written K against D. Prior to filing suit, P purchases from X and Y their claims that each of them has against D. These latter claims are for the reasonable value of gardening and janitorial services. P may not join all 3 claims against D in a single lawsuit in federal court.

Back 97

False

Front 98

Under the FRCP, you cannot bring a bankruptcy or criminal case.

Back 98

True

Front 99

A civil action commences when a complaint and summons is filed with the court.

Back 99

False
Only the complaint

Front 100

The only thing required on a summons is that it be directed at the defendant and bear the seal of the court

Back 100

False
Also must have the court clerk signature
+ a lot of other things

Front 101

To properly execute service of process, the plaintiff must serve the defendant with the complaint and summons.

Back 101

True

Front 102

When a defendant waives service of process, he is responsible for all costs of service.

Back 102

False
Waiving service of process = not responsible

Front 103

If defendant refuses waiver of service, he is responsible for all costs of service.

Back 103

True

Front 104

Defendant has 60 days to answer a waiver of service.

Back 104

False
Reasonable time bDefendant has but has a minimum 30 days to answer a waiver of service.

Front 105

An affidavit of service is always required for proper service of process.

Back 105

False
A US marshall does not require an affidavit

Front 106

After filing the complaint you have 120 days for service.

Back 106

True

Front 107

A challenge based on lack of subject matter jurisdiction is waived if not made prior to trial.

Back 107

False
SMJ is never waived

Front 108

Plaintiff alleged in a complaint that he defendant gave him a vicious dirty look, causing him to suffer severe physical and mental injury. Defendant answered, denying that the look was vicious. Just prior to trial, the defendant moved to dismiss the complaint for failure to state a claim. The motion should be denied as untimely.

Back 108

False

Front 109

Defendant has 20 days to answer the complaint.

Back 109

True

Front 110

When service is waived, the defendant has 60 days from the day the request for waiver is sent to answer the complaint.

Back 110

True

Front 111

Defendant has 10 days to answer a cross-claim after the cross-claim was served.

Back 111

False
Defendant has 20 days to answer a cross-claim after the cross-claim was served

Front 112

When a court grants a motion for a more definite statement, the party must re-plead within 10 days of notice of the motion.

Back 112

True

Front 113

A motion to dismiss is used to attack the insufficiency of the pleading. The motion to strike is used to reach technical defects and to eliminate irrelevant allegations.

Back 113

True