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16 Cards in this Set
- Front
- Back
- 3rd side (hint)
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A: Contents of Complaint
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J'FaRR
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Jurisdiction, Factual Statement, Right to Relief, Relief Requested
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A: Class Action Requirements
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CULP
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Common Questions, Usual Claim, Large Membership, Protection PLUS risk of separate actions (inconsistent judgment, f'ing those who don't sue first), bad opposing party conduct, common questions > individ questions
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A: Forms of Discovery
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DIPER
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Depositions, Interrogatories, Production of Docs, Phys/Mental Exams, Requests for Admission
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Commencement of Suit
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Commenced & SOL tolled by service or filing. BOTH = commencement. Must do other within 90 days
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Substitute Service
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Only if D evasive. Publish 1wk/6 weeks where action filed & mail to last known address, delivering to mailing address and mailing there too (can't locate w reas diligence), mailing (only auth when pub is)
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Service - Personal
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Delivery to person, at abode w suitable age/discretion resident, must be non-party serving, strict compliance
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Service Outside State (Long-Arm)
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Can serve through personal or abode service ONLY
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Venue
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Where D lives. Out of state D: Where P lives. Personal injury/damage to personal property: Where D resides/County where action arose. Against corp: anywhere they do business.
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Response Time
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20 days
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Consolidated 12 Offenses Subject to Waiver
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Lack of SMJ, lack of PJ (bad service/notice), No PJ (no min contacts), improper venue, failure to state claim, failure to join party
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Scope of discovery
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relevant, could lead to discovery of admissible evidence
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Depositions
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Can be of anyone, taken as matter of right 30 days after service, subpoena 5 days before
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Interrogatories
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Parties only. Answer w/I 30 days of service or 40 for D.
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Requests for Admission
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Deemed admitted in 30 days/40 for D if not denied.
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Fisons
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Sanctions (broad discretion): Responses must be truthful complete, make reas inquiry for requests. Cooperation for truth
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Appeals
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Motion for new trial in 10 days. Appeal of final judgment must be filed within 30 days of entry.
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