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96 Cards in this Set

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What are the two (2) things you need to also do when you file the complaint for your client under Trial Rule 3?
1. file your appearance, and

2. pay the filing fee
Service of Process:

Rule 4 Service -

What are the four (4) ways to serve process on an individual?
1. certified mail,

2. personal service,

3. leave copy at home (+mail), and

4. service on an agent
Service of Process:

Service on Organizations -

Are the methods the same as an individual?

Who do you serve?
Partnership = any general partner

Organization = highest exec., or agent

State Org. = AG + Exec. of Org.

Local Org. = Officer + Town Attorney
Service of Process:

When do you use "Service by Publication"?
Only as a last resort.
Personal Jurisdiction:

What is the authority over?

What does it require?
- authority over the person or entity.

- it requires "minimum contacts"
Personal Jurisdiction:

What is the three (3) part test for PJ?
1. quality of contacts,

2. quantity of contacts, and

3. how these contacts relate to the lawsuit.
General Jurisdiction:

Applies if the defendant's activities in IN are ____________ and _____________?
"continuous and systematic"
Specific Jurisdiction:

Applies when Defendant's activities are __________ and ___________, but these activities had an ___________ on the forum state.
"limited and sporadic"

Personal Jurisdiction:

Long-Arm Statute (Rule 4.4)

What nine (9) times will PJ reach out to the Defendant?

[C.R.I.S.P. - B.O.D.S.]
C = Consents to PJ

R = Restraining Order

I = Insurance

S = Supplies Goods / Services

P = Personal Injury

B = Business

O = Owns Real Property

D = Damage to Property

S = Spouse
Personal Jurisdiction:

When are the two times to assert lack of PJ as an affirmative defense?
1. in the answer to the complaint, or

2. In a 12(b)(2) Motion to Dismiss
Personal Jurisdiction:

These three (3) things, will effectuate a "Waiver" of PJ as an affirmative defense?
1. fail to raise in answer,

2. move for change of venue,

3. file Rule 12(b)(6) Motion
Rule 5 Service:

What is Rule 5 Service?

What must you do to use Rule 5 Service?

When is Rule 5 Service satisfied?
- Service by Mail

- put "Certificate of Service" at the bottom of the pleading.

- When mailed
Time Issues in the Response to Complaint:

How long do you have to - File the "Answer"?
20 days
Time Issues in the Response to Complaint:

How long do you have to - File Rule 12 Motion to Dismiss?
20 days
Time Issues in the Response to Complaint:

How long does P have to respond if Motion to Dismiss is granted?

How long does D have to "answer" the complaint if it is denied?
10 days

10 days
Answers to the Complaint:

What are the three (3) ways you can "answer" the allegations of the Complaint?
1. admit

2. deny

3. insufficient info to admit or deny
Affirmative Defenses (Rule 8c):

What are the seven (7) "affirmative defenses" you can place in your answer?

1. Waiver

2. Accord and satisfaction

3. Fraud

4. Estoppel

5. Lack of PJ

6. Lack of SMJ

7. Lack of consideration
What two (2) matters require "pleading with specificity" in the answer and complaint?
1. Fraud, and

2. Mistake
Complaint and Answer Stage:

You get "attorney's fees" if the claim or defense is __________, __________, or ____________? (3)
1. frivolous

2. groundless, or

3. unreasonable
Amendments to Pleadings:

What is the ability to "amend the pleading" considered?
A Matter of Right
Amendments to Pleadings:

How often can you "amend" before the answer?

Can you "amend" after the answer has been filed?
One Time

Only with the Court's Permission
Attacks on the Pleadings:

What are the six (6) common basis for dismissal?
1. Failure to State a Claim [12b6 Motion],

2. Jurisdiction,

3. Improper Venue

4. Bad Service / Bad Process

5. Failure to join Necessary Party

6. Same Action Pending in Another Court
Attacks on the Pleadings:

Rule 12(b)(6) Motion to Dismiss for "Failure to State a Claim"... Therefore D is entitled to _______________________?
Judgment as a matter of law
What is the court's decision on a 12(b)(6) Motion to Dismiss based on?

What if you present other evidence?
- based on the "four corners" of the document.

- treated like Motion for Summary Judgment.
Motion for a More Definite Statement (Rule 12e):

What are you requesting?


What happens if the other party doesn't "respond" or "cure the defects" within 20 days?
- requesting a less ambiguous claim

- as written, you cant respond adequately,

- no response / failure to cure = court will strike the pleading or do anything it feels is just.
Joinder of Claims and Remedies (Rule 18):

How many claims may one party join to an action?
As many claims as he has against the opposing party.
Rule 19 Joinder of "Indespensible Parties":

What makes a party "indespensible"? (2)
1. "Complete Relief" - can't be given without them, or

2. "Double or Inconsistent Liability" - would happen.
Permissive Joinder (Rule 20):

What three (3) things would give a party "permission" to "join" the current action?
1. similar claims and defenses

2. common questions of law and fact,

3. same transaction or occurrence.
Class Action Suits (Rule 23):

Step 1 of getting Class Action Certified: You need all of them!

P = Practical

A = Adequate

C = Common Issues (of law/fact), and

T = Typical (claims and defenses)
Class Action Suits (Rule 23):

Step 2 of getting Class Action Suit Certified: You need 1 or more of these?

R = Risk of varying results,

I = Injunctive Relief Sought

P = Predominant Legal or Factual Issues
Intervention (Rule 24):

When a party wants to be added to the lawsuit late...

When two (2) times MUST a court allow a party to "intervene?
1. statutorily authorized,

2. property interest in the litigation
Intervention (Rule 24):

When a party wants to be added to the lawsuit late...

When two (2) times MAY a court allow a party to "intervene?
1. common question of law and fact

2. common defenses
Pre-Trial Conferences:

The main purpose of a Pre-Trial Conference is to "Simplify the Issues".

What are the (4) things to consider during a PTC?
1. amendments to pleadings

2. stipulations and admissions,

3. witness and exhibit lists, and

4. settlement and ADR
Pre-Trial Conference:

How long before the PTC must the attorneys meet privately to discuss the amendments, stipulations, exhibit lists, settlement, etc....
10 days
Discovery (Rule 26):

What are the six (6) methods of obtaining discovery?
1. Oral Depositions

2. Written Depositions

3. Interrogatories

4. Requests for Production

5. Physical/Mental Exams, and

6. Request for Admissions
Discovery (Rule 26):

Testimonial Expert Witness -

What four (4) things can you discover about an "expert witness" planning to testify?
1. ID

2. Subject Matter of Testimony,

3. Substance of Facts/Opinions, and

4. Grounds for those Opinions
Discovery (Rule 26):

Protective Orders from Discovery -

What five (5) grounds can you use to get a "protective order" for your client in regards to discovery?

[ A.E.I.O.U. ]
A = Annoyance

E = Embarrassment

I = Injury

O = Oppression

U = Undue Expense
Discovery (Rule 26):

Protective Orders from Discovery -

What four (4) things can a court do if they grant the discovery protective order?
1. deny it,

2. limit to certain time or place,

3. limit discovery to a certain method, or

4. restrict the discovery from the public record.
Oral Depositions:

Who can you get to take part in an Oral Deposition?

What is the main purpose of having them deposed?
a party or a non-party

- to get them under oath
Oral Depositions:

What must you give to a "party" before taking an oral deposition?

What does this include?
Reasonable Notice

Date, Time, Location,
Oral Depositions:

What must you use when seeking to depose a "non-party"?

(What Service?)
Rule 4 Service
Oral Depositions:

If you want a "non-party" to bring information, what do you need to serve them with?
Request for Production
Subpoena Duces Tecum
Oral Depositions:

If you want a "party" to bring information with them to the deposition, what do you serve them with?
- Request for Production

+ Subpoena
Oral Depositions:

When deposing an "organization" what do you do send along with subpoena?
You send them the type of information sought.

- They choose who to send as spokesperson
Oral Depositions:

What (2) things are you allowed to object to at a depo?
1. form of the question

2. manner of the deposition
Written Depositions:

Although rarely used, how does it work?
Step 1 - deposing party writes and sends out "Direct" questions,

Step 2 - Responded to with "Cross"

Step 3 - Write "Re-Direct" and send all to the court reporter.

Step 4 - Court reporter asks the witness all questions, and they respond on the record
Use of Depositions in Court(Rule 32):

For what four (4) purposes can you use depositions in court?
1. in lieu of live testimony

2. to impeach a witness

3. in support of "summary judgment", or

4. to oppose summary judgment
Interrogatories (Rule 33):

What are "interrogatories"?
Written Questions - for Written Answers.
Interrogatories (Rule 33):

Who can you serve with interrogatories?
ONLY "parties" to the action
Interrogatories (Rule 33):

Who must "verify" the interrogatory you send to a party?
The Party and Their Attorney
Interrogatories (Rule 33):

How long does a party served with an Interrogatory have to respond?

What happens if they don't?
30 days

- Motion to Compel and possibly sanctions
Requests for Production (Rule 34):

Who can you serve a Request for Production on?
anybody relevant to the action

"party" or "non-party"
Requests for Production (Rule 34):

If you serve a Request for Production to a "Non-Party", what must you send also?
Requests for Production (Rule 34):

How long do you have to respond?
30 days
Requests for Production (Rule 34):

If served, what must you produce?
Written Answers

or the Documents themselves
Physical / Mental Examinations (Rule 35):

When are you going to use a Rule 35 exam?

What must you get before taking the exam?
When the party's mental or physical state is at issue.

Court Order
Physical / Mental Examinations (Rule 35):

You must show ___________?

You must give ___________ to all parties?
Good Cause

Physical / Mental Examinations (Rule 35):

What must you always specify in your request?
Time, Place, Manner, and Scope of the exam
Request for Admission (Rule 36):

Who can you serve them on?
ONLY "Parties" to the suit.
Request for Admission (Rule 36):

How long do you have to respond?
30 days
Request for Admission (Rule 36):

If a party fails to respond, what happens?
Treated like an admission

(failure could likely be malpractice)
Request for Admission (Rule 36):

What method of service do you use?
Rule 5
Request for Admission (Rule 36):

If you object, how must you do so?
- to each question "individually" for good cause.
Discovery Sanctions (Rule 37):

After a Motion to Compel is ignored, what are eight (8) types of "sanctions" a court may levy?

[S.P.E.A.D. - C.D.C.]
1. strike the pleading

2. prohibit introduction

3. establish facts your seeking

4. attorney's fees

5. dismissal

6. contempt

7. default judgment

8. continuance
Discovery Sanctions (Rule 37):

What MUST you prove to the court before you seek their involvement in discovery?
That you have tried to resolve the issues without them!
Subpoenas (Rule 45): What are the three (3) main uses for subpoenas?
1. deposition

2. request for production

3. trial testimony
Right to a Jury Trial (Rule 38):

Must demand within ______ days?

If not, then you _________?
10 days

Right to a Jury Trial (Rule 38):

Once Jury Trial is "demanded", all parties must __________ before it can be "withdrawn"?
Jury Challenges (Rule 47):

Jury Selection = ____________?

Civil Jury = _____ people?

Civil Jury has _____ alternates?
Voir Dire


Jury Challenges (Rule 47):

You get _____ "preemptory challenges?

You have __________ challenges for cause?

What is a "Final Judgment" under Rule 54?

"Magic Language"?
- Any order that may be appealed

- "the court issues judgment on this matter"
Once a "Final Judgment" is certified, how long do you have to initiate your appeal?
30 days
Default Judgment (Rule 55):

When do you usually see Default Judgments?
When D is properly served, and doesn't respond.
Default Judgment (Rule 55):

Why don't courts like "default judgments"?
They want to decide judgments "on the merits"!
Default Judgment (Rule 55):

Under what three (3) circumstances will courts almost always set aside a "default judgment"?
1. lack of actual notice

2. excusable neglect, or

3. mistake
Declaratory Judgments (Rule 39):

What two (2) situations are courts most likely to use a "declaratory" judgment?
1. to "resolve controversy" between parties

2. to set out "rights and duties" of the parties

(examples: statute improperly applied to action or ambiguous K language).
Default Judgment (Rule 55):

What is rarely awarded in default judgments?
money damages
Motion for Summary Judgment (Rule 56):

A Motion for Summary Judgment is basically a...?
Trial on Paper
Motion for Summary Judgment (Rule 56):

What is the main thrust of a summary judgment motion?
There are "no genuine issues of material fact"
Motion for Summary Judgment (Rule 56):

How long must a P wait to file a summary judgment motion after filing the complaint?

What about the defendant?
20 days

D can file at any time
Motion for Summary Judgment (Rule 56):

How long do you have to respond?

What do you respond with?

Is a reply brief required?
30 days

- affidavits, briefs, depos, etc... (anything to show a "material fact is in controversy).

- no, but parties always do.
Motion for Summary Judgment (Rule 56):

When is a hearing required?
If the party asks for one within 10 days of response.
Motion for Summary Judgment (Rule 56):

What are the two "designations" you must file in a "response" to a motion for summary judgment?
1. materials which support you, and

2. a list of all "material facts" you claim exist.
Using "Affidavits" in Support of Pleadings:

Witness must be __________, and have _________ ___________?

Personal Knowledge
Using "Affidavits" in Support of Pleadings:

They must set forth evidence that would be ___________ at trial?

If they don't, a court can strike them in ___________ or in _________?

in whole or in part
Motions to Reconsider (Rule 60):

Reasons to File?

[ F - M.E.N.S.A ]
F = Fraud

M = Mistake

E = Excusable Neglect

N = New Grounds

S = Surprise

A = Any other good reason
Preliminary Injunctions (Rule 65):

What type of remedy are they?

What are you seeking from them?
- Equitable Remedies

- You want to "Maintain the Status Quo" through trial.
Preliminary Injunctions:

What four (4) things must you prove?
1. reasonable likelihood of success (like a mini-trial),

2. remedies at law inadequate,

3. threatened injury to you outweighs harm to opposing party,

4. the public interest would be served
Preliminary Injunctions:

Can you appeal them?


Temporary Restraining Orders (Rule 65):

What is a TRO?
Emergency Order to Maintain Status Quo
Temporary Restraining Orders (Rule 65):

If successful, how long does it last?
10 days
Temporary Restraining Orders (Rule 65):

Can they be done ex parte?
Temporary Restraining Orders (Rule 65):

What must you show to get a TRO?
Good Cause
Local Rules of Court (Rule 81):

Can each Court adopt their own rules?
Local Rules of Court (Rule 81):

If a Court adopts their own rules, what must they not be inconsistent with?
Indiana Trial Rules
Local Rules of Court (Rule 81):

Where do you find local rules?
with the Court Clerk, or

the Indiana Supreme Court