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34 Cards in this Set
- Front
- Back
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4.1 |
Service of process: Can be made by -
C - Certified/ registered mail A- Agent R- Residence P- personal service
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Trial Rule 75 |
preferred venues: - Where D's reside - Where property is - where collision occurred - D's principle place of business - where D is in custody (county jail) |
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Trial Rule 76 |
Transfer of venue : * Parties may object w/in 10 days or before responsive pleading
- unlikelihood of fairness - county is a party |
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Trial Rule 7(a) |
Pleadings: Set fourth plaintiffs claims and defenses
- complaint - answer - counterclaim - cross claim etc. |
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Two types of interlocutory injuctions |
1. preliminary injunction -orders someone to act or refrain from acting
2. TRO - temporary restraining order |
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Complaint |
* The principle pleading of the P * sets fourth plaintiffs claims and allegations NEED - short plain stmt. - demand for judgment |
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Trial Rule 12(B) |
Rule 12(B) are the defenses that can be raised by the Defendant - no SMJ - no PJ - no venue - incorrect process - incorrect service of proces - Same action pending - failure to state a claim - failure to join |
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Trial Rule 11 |
Under Trial Rule 11, attorney or party must sign all pleading as a form of certification.
- Read the document - grounds to support - not interposed for delay |
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Pleading can be amended |
1 time before a responsive answered is filed
For - relating back to same T/O - change in party names - T15(c) - names become known -T17(f) - to conform to evidence |
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Trial Rule 20 |
Permissive joinder of parties if 1. same claim /against same D's 2. common question of fact or law |
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Trial Rule 13(g) |
cross claim |
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Trial rule (14) |
impleader |
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Trial rule 24 |
intervention: when a non party enters the case on his own motion |
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Trial rule 23 |
Class Actions: Where there is more than a few Plaintiff's for same injury caused by D ; all members of a class are bound
Need: Numerous, Common Q, Interest typcial of class -------------------------------------------------------------- i. interest of individuals ii. extent and nature of litigation iii. desirability of having whole case in one ct. iv. difficulty managing
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Discovery is : |
The means by which to get information regarding anything that is related to subject matter of the pending action
Purpose 1. prevent surprise 2. narrow the issues 3. lead to settlement |
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Methods of Discovery |
30 - depositions 31- depositions to written q's 33- iterrogatorries 35 - mental/physical exams 36 - request for admission |
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Trial Rule 38 |
All parties have a right to jury trial; unless waived if failure to raise at time of answer |
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Trial rule 39 |
A party who wants a jury trial must 1. file timely or else waived 2. serve it on the court 3. w/in 10 days after first responsive pleading to complaint otherwise waived |
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Trial Rule 56 |
Motion for summary judgment |
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Motion for summary judgement |
will be granted where : * No genuine issue of material fact * Claimant can move 20 days from commencement of claim and D can move at anytime
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Trial rule 45 (a) |
Voluntary dismissal by P |
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Trial Rule 55 |
Default judgment for failure to appear |
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Pretrial conference rules |
1. one attorney must show 2. both attorneys must meet 10 days before 3. 30 days notice from clerk 4. sanctions for failure to participate |
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Ways to terminate trial |
1. one of the 12 (B) motions to dismiss 2. motion for summ. judgment - T56 3. default judgement- T55 4. voluntary dismissal - T41(A) |
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Taking the case from the JURY Trial rule: _________ |
JUDGMENT ON THE EVIDENCE - T50(a) - issues not supported by suff. evidence - erroneous verdict WHEN TO RAISE: - after parties complete presentation - after evidence has been presented - in a motion to correct errors
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TRIAL RULE 50 |
REQUEST FOR NEW TRIAL - T50 court may grant if: 1. impracticable 2. unfair 3. improper |
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TRIAL RULE 50(A)(4) |
MOTION TO CORRECT ERRORS - Trial rule 50(A)(4) Need: 1. within 30 days after final judgment 2. not a prerequisite to APPEAL 3. raise if: (i) newly discovered evidence (ii) trial jury verdict - too excessive * *if no response in 45 days - deemed denied** |
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TRIAL RULE 60 |
RELIEF FROM JUDGMENT - T60 (w/in a yr) if: 1. mistake, surprise, excusable neglect 2. newly discovered evidence 3. Fraud by adverse party 4. Judgment by default on someone with no knowledge 5. No representation 6. Justice requires relief |
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APELLATE RULE 2(H) |
judgments may be appealed |
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TRIAL RULE 52 |
There is no right to a jury trial if waived ! |
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Appellate procedure |
1. file notice of appeal w/ trial clerk 2. w/in 30 days of a. judgment b. or after denial of motion to correct errors (45) |
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Res Judicata |
(CLAIM PRECLUSION) Rule: Once a final judgment on the merits has been entered the claimant is barred from asserting same claim / COA in a later suit
Earlier judgment is: F - FINAL, O- ON THE MERITS, S- SAME CAUSE OF ACTION BEGIN INVOLVED OUT OF SAME T/O |
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Collateral Estopple |
(ISSUE PRECLUSION) Rule: A judgment for P or D is conclusive in a subsequent action on a different COA between or there privies as to 1. issues actually litigated 2. essential to the judgement |
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collateral estopple for non- parties : Balancing test |
if "YES" to all: ALLOW collateral estopple 1. issues identical 2. judgment on the merits 3. did party have fair opp. to be heard 4. is posture of the case such that it would not be unfair or inequitable to a party to apply collateral estopple |
