POLYCULE
A party may join as many claims as it has against an opposing party, whether related or unrelated.
Joinder does not itself create subject-matter jurisdiction over any claim.
collateral- order doctrine
A narrow class of orders is immediately appealable when it conclusively determines an important issue separate from the merits that would be effectively unreviewable after final judgment.
remittitur
A federal court may condition denial of a new trial on the plaintiff’s acceptance of a reduced award when the verdict is excessive.
when must a motion for a renewed judgment as a matter of law be made?
The renewed motion must be filed within 28 days after entry of judgment and may be joined with a motion for new trial
judgment on the pleadings
After the pleadings close but early enough not to delay trial, a party may move for judgment on the pleadings.
The standard generally mirrors failure to state a claim: the court accepts the nonmovant’s well-pleaded facts and grants judgment only when no material factual dispute remains and the movant is entitled to judgment as a matter of law.
permissive party joinder
Multiple plaintiffs or defendants may join when claims arise out of the same transaction, occurrence, or series and share at least one common question of law or fact.
The court may sever or order separate trials to avoid prejudice or inconvenience.
final judgment rule
An appeal ordinarily lies only from a final decision that resolves all claims as to all parties and leaves nothing for the trial court but execution.
A premature notice may become effective after final judgment in specified circumstances.
additur
A federal court may not increase an inadequate jury award through additur because doing so violates the Seventh Amendment.
when can a party amend as of right
A party may amend once as a matter of course within 21 days after serving the pleading or, when a responsive pleading is required, within 21 days after service of the responsive pleading or specified motion, whichever is earlier.
Summary judgment standard
Summary judgment must be granted when the movant shows there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.
A dispute is genuine if a reasonable jury could find for the nonmovant, and a fact is material if it could affect the outcome under governing law.
compulsory counterclaim
A pleading must state a counterclaim against an opposing party that arises from the same transaction or occurrence and does not require adding a person beyond the court’s jurisdiction, unless the claim was already pending or falls within another exception.
Failure to plead generally bars a later action.
partial final judgment
In a multi-claim or multi-party action, a district court may direct entry of final judgment as to fewer than all claims or parties only by expressly finding no just reason for delay.
when may an appellate court issue mandamus?
An appellate court may issue mandamus only when the petitioner has no other adequate means of relief, possesses a clear and indisputable right, and issuance is appropriate under extraordinary circumstances.
how long must a party seeking sanctions for improper filings wait between serving the motion and filing the motion
A party seeking sanctions must serve the motion and allow 21 days for withdrawal or correction before filing it.
summary judgment burdens
A movant with the trial burden must support each essential element with undisputed evidence.
A movant without the trial burden may point out the absence of evidence on an essential element.
The nonmovant must then identify admissible evidence creating a genuine dispute and may not rest on allegations or denials.
permissive counterclaim
A counterclaim not arising from the same transaction or occurrence is permissive and need not be asserted.
It requires its own basis of subject-matter jurisdiction unless supplemental jurisdiction applies.
when can an appellate court issue mandamus?
only when the petitioner has no other adequate means of relief, posses a clear and indisputable right, and issuance is appropriate under extraordinary circumstances
intervention as of right
A timely applicant may intervene when a federal statute grants an unconditional right or when the applicant claims an interest relating to the property or transaction, disposition may practically impair that interest, and existing parties do not adequately represent it.
when must a party serve a written jury demand
no later than 14 days after the last pleading directed to the issue.
how do courts assess summary judgment evidence
The court views evidence and reasonable inferences in the nonmovant’s favor without weighing credibility. Materials need not be presented in admissible form at the motion stage if they can be presented in admissible form at trial.
impleader
A defending party may implead a nonparty who is or may be liable to the defending party for all or part of the plaintiff’s claim.
Impleader is derivative and cannot be used merely to allege that the third party is directly liable to the plaintiff instead.
interlocutory injunction appeals
Orders granting, denying, modifying, continuing, or dissolving injunctions are immediately appealable by statute.
when is a party required?
A person is required if, without the person, the court cannot accord complete relief among existing parties, the person claims an interest that may be impaired, or an existing party faces a substantial risk of inconsistent obligations.
The person must be joined if feasible.
how long does a temporary restraining order last
14 days unless properly extended
rule 56(d)
When a nonmovant shows by affidavit or declaration that specified facts essential to oppose summary judgment cannot yet be presented, the court may defer or deny the motion, allow discovery, or issue another appropriate order.