Timing Baby
How many days does the D has to answer a complaint?
21 days
What motion can be brought after complaint and answer are filed?
Motion for judgment on pleadings
What is the usual way/time to appeal?
After a final judgment
What is the standard of review where the appeals court reconsiders issues of law as if they were new?
De novo
What are the two ways that a federal court will have SMJ?
Federal question and diversity
How many days do you have to file a motion for new trial?
28 days after judgement
Only the D can file me. D has to state at least one of 7 grounds. What motion am I?
Pre-answer motion to dismiss
What are the common areas of law/cases that interlocutory appeals by right (statute) is generally applied?
Receivers, Admiralty, Some Patent and some property cases
What review will be used if the judge refuses to give jury instructions?
Abuse of discretion
What are three type of claims where supplemental jurdx. is brought in diversity cases?
Compulsory counterclaims
Permissive counterclaims
Cross-claims
How many days do you have to file a notice of removal?
30 days after service of the initial pleading OR 30 days after the first filing where removal would be okay
The court will allow you to amend motion to dismiss before the motion is heard for these two reasons...
(1) No delay results and (2) otherwise not prejudicial
(1) trial judge must certify that the appeal involves a controlling issue of law
(2) there is a substantial difference of opinion
(3) an immediate appeal from the order would materially advance the terminating of the litigation
How do appeals court decide abuse of discretion?
Whenever judge was within their range of acceptable decisions
How can you remove a case to federal court under federal question v diversity cases?
Federal Question- The D may remove if well-pleaded complaint discloses the claim is based on federal law
Diversity- D removes
(1) complete diversity is present
(2) amount exceeds $75,000
(2) action brought in a state where no D is a citizen
How many days does a D who waives service get to answer a complaint?
60 days
What is one way a P can respond to a motion for summary judgment that the judge will almost always grant?
Need more time for discovery
For an interlocutory appeal (reviewable as of right) what is the standard of review on appeal?
Whenever the judge abused their discretion
If a case is being appeals based on findings of fact what standard of review is applied?
Clearly erroneous
Four traditional bases for personal jurdx.
How much time do you have to motion to set aside a judgement?
Within a reasonable time and not more than one year for certain grounds
When can D motion for a JMOL? When can P motion for a JMOL?
D- at the close of P's case-in-chief and at the close of all evidence
P- only once after D has presented all evidence
What are the three elements of the collateral order rule?
(1) case raised an important issue that is separable from the merits
(2) court order conclusively resolved the issue
(3) issue would be effectively unreviewable after final judgement
What are the four elements of the plain error doctrine?
(1) error occurred
(2) error was plain
(3) error affected substantial rights
(4) failing to correct the error would seriously impact fairness of trial
Three ways where venue is proper
(1) Any D resides, IF all reside in same state
(2) substantial part of events took place
(3) No (1) or (2) then any district where any D is subject to Personal Jurdx.