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29 Cards in this Set
- Front
- Back
- 3rd side (hint)
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12 OS § 2010
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Form of Pleadings
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Set forth name of court, title of action, file #, name of parties
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12 OS § 2011
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Signing of Pleadings
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Every pleading must be signed with name and bar #; certifies it isn't for improper or frivolous purpose, etc
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12 OS § 2008(e)(2)
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Pleading Inconsistent Facts
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Can plead inconsistent or alternative theories
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12 OS § 2006
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Counting Time
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1st day doesn't count, last day is computed unless weekend or legal holiday; can ask for reservation of time of 20 extra days
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12 OS § 683, 684, 682
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Dismissals
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Action may be dismissed w/out prejudice: by the P before final submission to jury; by ct where P fails to appear, for want of necessary parties, when P fails to try w/ diligence, for disobedience by the P
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12 OS § 688
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Taking Proof of damages on Default
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Proof may be necessary to enable the pronouncement of default
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Okla. Rule 10
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Notice of Taking Default Judgment
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If D has filed/appeared, default can't be taken until 5 days notice of the date is mailed or delivered to the attorney or record
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Okla. Rule 5J
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Default or Failure to prepare a scheduling order, appear at conference, being unprepared, etc may result in:
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Striking of pleading, preclusive order, staying the proceedings, default judgment, assessment of expenses and fees.
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12 OS § 2015
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Amended and Supplemental Pleadings
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May amend once anytime before a responsive pleading is filed, or with court's or other side's permission; response to amended pleading w/in 10 days or response to original pleading
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12 OS § 2004.1
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Subpoena Duces Tecum
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Use to serve notice to non-party, commands a witness or party to compel a document or thing, deposition for a party must be taken where the action is pending
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12 OS §§ 3228-3232
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Depositions
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Reasonable notice is 3 days, parties must agree in writing to the type of deposition or the ct. will decide, no limit on the number of depositions; take in county of residence, adjacent county, or where served
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12 OS § 3233
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Interrogatories
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No more than 30, 45 days to answer if with petition, 30 days if later
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12 OS § 3234
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Discovery of Documents and Tangible Things
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Same as Fed rules
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12 OS § 3235
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Medical Discovery
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12 OS § 3236
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Admissions
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Limit of 25
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Art. 2 § 19
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Juries
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6 person jury
12 person for civil cases greater than $10,000 & felony criminal cases, no right to jury if less than $1500 |
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Art. 7 § 15
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All jury verdicts are general verdicts
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12 OS §581
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Automatic grant of jury trial unless waived
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12 OS §572
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Challenges for Cause
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12 OS § 28/38
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Exclusions from Jury Duty
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Okla. Rule 13
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Summary Judgment
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Accompanied with concise written statement of the material facts, opposing party must respond, can file anytime after the pleading is closed, can grant the motion for the non-moving party
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12 OS § 651
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New Trials
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No new trial for harmless error, errors that have an impact but not enough for an appellate ct. to return it then judge can grant a new trial, errors that would win an appeal should get new trial
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Claim Preclusion
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Same Transaction or occurrence test, requires insurance companies to enjoin the insured in lawsuits,
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Issue Preclusion
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Same as federal Rules
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12 OS § 2017
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Joinder; Broad Capacity to sue
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Tort claims shall not be assigned but won't affect laws of subrogation
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12 OS § 2018
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Consolidation
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12 OS § 2013(b)
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Contingent Counter Claim
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Opposing party may be liable to the counterclaim for all or part of a claim asserted in the action against the counterclaimant
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12 OS § 2013(g)
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Cross Claim
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12 OS § 2019
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Parties not needed for adjudication
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