Civil Procedure - Pleadings, Proper Parties & Claims, Discovery

Front 1

Pleadings in Fed Courts

Back 1

Fed courts require NOTICE PLEADING.
- Pleading must put the opposing party on notice of the claim.
- Must provide detail: provide facts supporting a plausible claim.

Front 2

COMPLAINT: principal pleading by P. Filing commences action. Requires:

Back 2

1) Statement of SMJ;
2) Statement of the claim, showing entitled to relief; &
3) Demand for judgment
CA: Fact Pleading: statement of fact constituting COA & demand for judgment

Front 3

D's RESPONSE: two ways: Motion & Answer

MOTION Requirements & Waivable Defenses:

Back 3

- Motion: request for a court order - issues of form to make more definite or strike immaterial things.
- Waivable Defenses: lack of PJ, improp venue, insuff of process, insuff service of process -- must be placed in first responsive pleading or lost.

Front 4

D's RESPONSE: two ways: Motion & Answer

ANSWER Requirements:

Back 4

- Respond to allegations of complaint: admit/ deny/ lack sufficient info to admit or deny/ raise all affirmative defenses
- Failure to Answer: Default Judgment

Front 5

COUNTERCLAIM - 2 types:
CA: "Cross-Complaint"

(claim against an opposing party)

Back 5

1) Compulsory: arises from same T/O as P's claim & MUST be filed in pending case or is waived.
2) Permissive: does NOT arise from same T/O as P's claim & may assert in separate action.
- Supplemental jurisd may save it.

Front 6

CROSS-CLAIMS
(claim against co-party)

Back 6

Must arise from same T/O as the underlying action.
Never compulsory

Front 7

Amending Pleadings

Back 7

- P can amend once before D serves answer
- D can amend once w/i 20 days of serving answer

Front 8

Relation-Back Doctrine (when amending pleadings)

Back 8

- Amendment (after SOL has run) will relate back to the date that the original pleading was filed when the conduct, T/O set forth in the amendment was set forth in the original pleading.

Front 9

Amending Pleadings- adding a new party

Back 9

A new party may be added if the party has received notice of the action so that she will not be prejudiced in maintaining her defenses on the merits and knew or should've known that, but for a mistake concerning the proper party's identity, the action would've been brought against her.

Front 10

Rule 11 Certification

Back 10

- Requires signature of attorney or pro se D on pleadings
- Sanctions possible if violation

Front 11

Compulsory Joinder of Parties

Back 11

Necessary parties should be joined if possible
- Necessary: w/o A, court cannot accord complete relief; A's interest may be harmed if not joined; or A claims interest which subjects party to multiple obligations;
- Feasible for A to be joined (PJ);
- If A can't be joined, either proceed w/o her or dismiss case and call absentee "indispensable."

Front 12

Permissive Joinder of Parties

Front 13

Impleader (aka 3rd Party Practice)

CA: "Cross-Complaint"

Back 13

Defending party wants to bring in someone new (third party D) for one reason: TPD may owe indemnity or contribution to defending party on underlying claim.

Front 14

CLASS ACTION (joinder of claims)
- Requirements- must demonstrate:

Back 14

"CANT SIC"
1) Commonality
2) Adequate Representation (class rep fairly reps class)
3) Numerosity
4) Typicality
and one of the following:
- Separate actions would create risk of inconsistent results;
- Injunctive relief is appropriate for the class as a whole;
- Common Qs of law/fact predominate over individual issues.

Front 15

Class Action - 3 Types:

Back 15

1. Prejudice - class treatment necessary to avoid harm to class members or party opposing it.
2. Injunction/Declaratory Relief (not damages) - sought b/c class was treated alike by opposing party.
3. Damages (most common) - common Qs predominate over individual Qs & class action superior method to handle dispute

Front 16

Class Action- Next Steps:

Back 16

Court Certification
Notice to Class
Settlement/Dismissal of Claims

Front 17

Types of DISCOVERY:

Back 17

Depositions
Interrogatories
Requests for Production
Physical or Mental Examinations
Requests for Admission

Front 18

Discovery - Required Disclosures

Back 18

Names & Contact info
Copies or descriptions of docs & tangible items
Compilation of damages claimed
Copies of insurance agreements for some of judgment
ID of EXPERTS

Front 19

Scope of Discovery

Back 19

Anything REASONABLY CALCULATED to lead to the discovery of admissible evidence.
CA Broader Standard: relevant to subject matter involved in pending action.

Front 20

NOT Discoverable:

Back 20

Privileged material
Work Product (prepared in anticipation of litigation)
CA: work product not discoverable UNLESS show denial of disc would unfairly prej party or result in injustice.

Front 21

Enforcement of Discovery Rules (sanctions)

Back 21

Total or partial failure to provide discovery:
- Motions to Compel Plus Costs & Certify GF attempt to obtain discovery
- Sanctions:
Partial violation/ light sanction (motion to compel + atty fees)
Total violation/ heavy sanction (matters treated as admitted, strike pleadings, disallow evidence, dismiss case (if BF), enter default judgment (if BF), contempt)