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37 Cards in this Set
- Front
- Back
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The signature of an attorney constitutes a certification that:
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1. He has read the pleading; AND
2. To the best of his knowledge, information, and belief formed after reasonable inquiry, the pleading is: (1) consistent with all rules of discovery; (2) warranted by existing law or good faith argument for the extension, modification, or reversal of existing law; (3) not interposed for any improper purpose (harass, delay, increase costs); AND (4) not unreasonable, unduly burdensome, or expensive. |
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What constitutes work product?
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A written document prepared in anticipation of litigation
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When is work product discoverable?
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When the court is satisfied that denial of production or inspection will cause the party seeking the production or inspection either:
(1) unfair prejudice; (2) undue hardship; OR (3) injustice |
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Can you depose counsel of record?
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General Rule: You cannot depose council of record because the testimony would likely disclose privileged attorney-client communications between counsel of record and the defendant.
Exception: When there are extraordinary exceptions and then only by order of the district court after a contradictory hearing. |
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Parties may obtain discovery regarding:
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Any matter, not privileged, which is relevant to the subject matter of the litigation. The information sought need not be admissible at trial if the information is reasonably calculated to lead to the discovery of admissible evidence.
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Are you required to organize and label the responsive documents to correspond to the specific categories of the requests for production of documents?
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A party may organize produced documents to correspond with the requests or produce them at they are kept in the usual course of business.
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Interrogatories that can be obtained from business records:
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The party can specify where in the records the answers may be found (if the burden is substantially similar for both parties) and make the records available in lieu of answering the interrogatories.
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Supplementing Discovery Responses:
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General Rule: There is no duty to supplement discovery responses that were complete when made.
Exception: There is a duty to supplement regarding the identity of a new witness with knowledge of discoverable matters. |
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When may a witness be subpoenaed and compelled to attend trial?
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When he resides in this state.
But when he resides more than 25 miles from the trial venue the party must deposit with the clerk of court: (1) sufficient funds to cover W's traveling expenses to and from court at the rate of 20 cents per mile; (2) a witness fee of $25 a day; & (3) hotel and meal expenses at the rate of $5 a day. |
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Taking a deposition of a witness who is in another state and does not want to come to LA:
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(1) By phone- if all parties to the suit agree
(2) Issuance of Letter Rogatory- if he is unwilling to testify. * You would give written notice of the deposition to all parties and apply to the district court for letters rogatory addressed to the "TX" court requesting the appropriate "TX" court to compel the witnesses attendance at the deposition. (3) Serve witness with a subpoena while he is temporarily in LA. |
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How do you find out who the other parties expert witnesses are?
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- serve interrogatories seeking the identity of any testifying and non-testifying experts
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Discovery of testifying experts
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by contradictory motion, serve a request for production of documents and tangible things to discover the facts known or opinions held by the other part's testifying experts. identified in the interrogatories.
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What must a written report by an expert contain?
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A report prepared and signed by each expert.
The report must include: 1. expert’s opinions, reasoning, and any data/information upon which those opinions are based; 2. exhibits; 3. expert’s qualifications; 4. expert’s publications from previous 10 years; 5. compensation for expert services; AND 6. cases in preceding 4 years in which expert testified as an expert. |
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When must expert reports be filed?
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The reports must be filed at least 90 days before trial.
If used for rebuttal only, the report must be filed within 30 days after the seeking party’s expert report is disclosed. |
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Deposition of experts:
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After expert reports are provided, you can depose the testifying experts and inquire into their facts and opinions.
*Note: The facts and opinions of non-testifying experts are only discoverable upon a showing of exceptional circumstances. |
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Objections during depositions:
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Any objection during a deposition shall be stated:
1. concisely; AND 2. in a non-argumentative and non-suggestive manner. -It is improper for counsel to unduly instruct the witness as to how to answer the questions during the course of these objections. • General Rule: Most objections are preserved for trial, even if not made during the deposition. o Exception: The objections that waived if not timely made at the deposition are those objections pertaining to errors that could be cured if the objections were promptly made at the deposition. |
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What is a Subpoena Duces Tecum?
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When the court orders a non-party to produce documents.
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What is the delay for requesting service of citation on all named defendants in a civil action?
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Service must be requested on all named defendants within 90 days of commencement of the action.
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If the request for service of citation is not timely made, what action, if any, can be taken to obtain dismissal of the action?
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The action may be dismissed either by:
(1) the defendant upon whom the citation was not timely requested- by filing a declinatory exception of insufficiency of service of process; OR (2) by any party- by contradictory motion to dismiss for failure to request timely service |
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The requirements for a detailed descriptive list of succession property:
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A detailed descriptive list of succession property shall:
1. be sworn to and subscribed by the person filing it; 2. show the location of all items of succession property; AND 3. set forth the FMV of each item at the date of the death of the deceased. *If no inventory of the property left by the deceased has been taken, state the actual cash value of each item at the time of the death. |
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A TRO shall be granted without notice when:
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1. It clearly appears from specific facts shown by a verified petition or by supporting affidavit that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition; AND
2. The applicant’s attorney certifies to the court in writing the efforts that have been made to give the notice or the reasons supporting his claim that notice should not be required. |
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Definition of Irreparable harm (TRO):
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harm incapable of being compensated by money damages
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What must a judge require from a party who is asking for a TRO?
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furnished security in an amount fixed by the court.
** The security shall indemnify the person wrongfully restrained for the payment of costs incurred and damages sustained from wrongful issuance of the TRO. |
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Motion to dissolve a TRO:
and when will the court hear this motion? |
A party may file a motion to dissolve the TRO upon 2 days notice to the other party.
The court will hear the motion as expeditiously as justice may require. |
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Declinatory Exceptions
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to decline the jurisdiction of the court
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Dilatory Exception
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to delay the progress of the action due to objections to the form of the proceeding or for more information
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Peremptory Exception
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to have the π’s action declared legally nonexistent or barred by the effect of law (defeats or dismisses the action)
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Responsibilities associated with an being an appointed attorney on an interdiction action:
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1. represent the ∆ until discharged by the court;
2. personally visit the ∆, unless such visit is excused by the court for good cause; AND 3. to the extent possible, discuss with the ∆: - the allegations in the petition; - the relevant facts and law; AND - his rights and options regarding the disposition of the case. *Failure of the attorney to perform ant of the duties imposed shall not affect the validity of the proceeding but may subject him to sanctions. |
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Third party demand:
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- The ∆ in a principal action by petition may bring in any person, including a co-∆, who is his warrantor or who is or may be liable to him for all or part of the principal demand, by filing a 3P demand.
- In such cases, the π in the principal action may assert any demand against the 3P∆ arising out of or connected with the principal demand. |
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Abandonment:
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• An action is abandoned when the parties fail to take any step in its prosecution or defense in the trial court for a period of 3 years.
• Abandonment is effective without formal order. • A party could file an ex parte motion to dismiss on grounds of abandonment for the court to enter a formal order of dismissal. |
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Legal delay in answering a petition that is served pursuant to LCCP
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15 days from date of service of petition
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Legal delay in answering a petition that is served pursuant to the long arm statute
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30 days from date of service petition
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Legal delay for answering a request for admission
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15 days after service of request for admission
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Legal delay for applying for appellate court rehearing after receiving appellate court opinion
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14 days from mailing of notice of judgment and opinion by court of appeal
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Legal delay for applying for writ of certiorari to LASC after receiving appellate court opinion (assuming rehearing was not sought from appellate court)
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30 days of mailing of notice of judgment and opinion by court of appeal
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Legal delay for filing a suspensive appeal
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30 days of expiration of delay for applying for new trial
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Legal delay forappealing issuance of preliminary injunction
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15 days from date of court order
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