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21 Cards in this Set

  • Front
  • Back
Exceptions to Final Order
1. Injunctions.
2. Partial Final Orders.
3. Significant Interlocutory Appeals.
4. Certified Questions.
Kinds of Presence
Actual (dancing), Domicile (constructive presence), Doing Business
Long Arm Jurisdiction
LIMIT. Land, Injury, Matrimony, Insurance Contract, Transaction of Business from Lawsuit
Statute of Repose for Medical Malpractice
4 years
Intervention, as of right
Interests could be adversely affected by the lawsuit AND is not protected by the current parties.
Permissive Intervention
commonality of issues
Joinder of Parties
Same Transaction or Occurrence, or Needed for Full and Fair Litigation
Impleader
Defendant may add party who may be liable for all or part of the defendant's liability to plaintiff
Interpleader
Rival Claimants to a Common Fund
Judge's Duties under Class Actions
class certification, adequacy of notice, approval of settlements
Class Action Requirements
NAACP
Numerousity, Adequacy, Appropriateness, Commonality, Predominance
Discovery Deposition
Presumption for discovery. Limited to 3 hours.
Motion to Substitute Judges
1. One as of right without cause.
2. Before resolving any substantial merits based issue.
Plaintiff's Motion for Voluntary Dismissal without Prejudice
1. One as of right.
2. Before trial or before counter claim.
3. Can refile up to statute of limitations or one year after dismissal, whichever is longer.
Motion Attacking the Complaint
2-615
1. Pre-answer
2. Facial Attack
3. Material In the Complaint Only
Motion to Dismiss the Complain
2-619
1. With Answer
2. Based on affirmative matter outside complaint
Motion for Summary Judgment
Until the eve of trial. No genuine issue of material fact.
Motion for a Directed Verdict
1. Adversary rested
2. Evidence so overwhelmingly favors moving party.
Motion for JNOV
1. Within 30 days
2. Evidence so overwhelmingly favors moving party.
Motion for a new Trial.
1. Within 30 days.
2. Errors at trial affecting the parties' substantial rights, or verdict against the manifest weight of the evidence.
Petition for Relief from Judgment
For Fraud or Perjury. MEND. Merit, Equity, New Facts, Due Diligence.