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18 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What does the Erie Doctrine say?
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1) look to see if there is a federal rule, if not then
2) Apply state law if Diversity case, and 3) Distinguish procedural against substantive (outcome determinative, forum shopping, balance) |
FSOB
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What is impleader?
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Governed by 14(a).
-defending party joined by someone that contributed to the claim. (Ex: 2 D's beat up 1 P, P only sues 1, so D impleads other 1) -assess SMJ of party |
Starts with I than Joins someone new
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What is intervention?
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Rule 24
Choose which side to come in on -Intervention of Right *interest harmed if not brought in -Permissive Intervention *show at least one common question, don't have to let you in. -Look at SMJ |
Starts with I than Joins someone new.
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What is the difference between Substantive and Procedural?
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Substantive is outcome determinative, are the elements of a claim or defense, Avoids forum shopping, and balance the interests
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FSOB
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What are the applicable rules for Discovery?
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26 (a) (b), 30, 31, 33, 34, 35, 37
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26
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Rule 26 (a) (b)
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26 (a)-General Provisions, Initial Disclosures, Exceptions, Experts, Pretrail Required Disclosure
26 (b) Discovery Scope and Limits: anything relevant to claim or defense, may limit if discovery is unreasonable. -Work Product-obtain docs assembled in anticipation of trial if substantial need. Materials in prep for litigation are IMMUNE. |
Discovery
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Rule 30 and 31
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Depositions: Sworn oral testimony under oath, can depose a 3rd party with subpoena, 30 days to oppose or sign
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Discovery
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Rule 33
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Interrogatories: Written questions under oath. Served on parties only, 25 question max.
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Discovery
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Rule 34
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Request to produce: Specify time and place to inspect property or documents.
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Discovery
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Rule 36
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Request for Admission: Sent only to parties, failure to deny is an admission
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Discovery
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Rule 37
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Failure to Make Disclosure or Cooperate in Discovery: can compel party to answer, get a court to make disclose.
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Discovery
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Rule 12 (b) 6
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Motion to Dismiss based on pleadings for Failure to State a claim upon which relief can be granted.
-only looks at complaint -aimed at sloppy pleading, usually dismissed for amendment. |
Motions
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Rule 56
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Summary Judgment: No dispute of material issue or fact.
-look at affidavits -Never allow Summary judgment if there is a dispute on facts Moving party entitled to judgment as a matter of law. |
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Applicable Rules for Joinder?
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12 (b) 7, 13, 14, 18, 19, 20, 42
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13
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Joinder of Claim for Plaintiff
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18: P can raise and join any claims against D.
-Must have SMJ D can sever with 42 (prejudice) -must be out of same T/O -if don't join the claim lose it. |
18
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Joining CLAIMS for the Defendant
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13: Compulsory Counter-claim
-Same T/O against plaintiff Permissive Counter-claim -Not same T/O Cross-Claim -Same T/O against another Defendant. Need SMJ |
13
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Rules for Joinder of Parties (FRCP and actual)
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1) Must have a Rule
2) Need PJ 3) Proper Service of Process 13 (h), 14, 19, 20 |
13 (h)
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Rule 14
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Impleader: person wholly or partially liable to plaintiff, D brings them in
-PJ and SMJ already exist -Proper Service of process |
Joinder of Parties
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