Work Product
What are the 3 things covered under work product? 26(b)(3)(A)
1) DA-TT
2) PIA - OL - OPFT
3) AB - OF - AP - OIR
1) Docs and tangible things
2) Prepared in anticipation of litigation or prepared for trial
3) And by or for another party or its rep
How do you issue spot a joinder claim to get to the right rule?
Hint > Who and What
1) Who is making the claim > and against who?
2) What kind of joinder are they trying to do?
Under 13(b) permissive counterclaim is it May or Must and what can be brought?
May
Party can bring all possible counterclaims
Under R 20(a)(2)- who may join in one action?
Defendants
What is Indemnity under R14?
Note > Has to do w/ nonparty and what they are required to do
A claim that nonparty is legally required to indemnify the Def for any judgment that Def has to pay to Pl on her claim
Under Work Product R 26(b)(3)(A) what is the two step process?
1) IT- MWP
2) II - WP - IID
1) Is the material work product?
2) If it's work product, is it discoverable?
Rule 18(a): Claim joinder by Plaintiff
Note > May or Must
Plaintiff asserts multiple claims against Def.
Therefore, PL MAY bring as MANY claims as she has.
Under 13(g) who is the claim against?
Co-party (b/c there is a claim against both by the same party) and there is no claim against them
Under R14(a) Impleader claim, what is the criteria for a defending party to implead a person?
Note > 2 criteria
1) They have to be a nonparty And
2) Who is or may be liable to the claim for all or part of the claim against them
Under R24 Intervention- what are the 2 ways that a party can intervene?
1) Intervention of Right
2) Permissive Intervention
What 2 things do you have to show under issue 2 on if the product is ever discoverable? 26(b)(3)(A)
1) SN - FM - PC &
2) U - WHO - SEM
1) Substantial need for material to prepare case AND
2) Unable without hardship to obtain the substantial equivalent of materials
Claim joinder by Defendants - Rules 13(a) & (b)
What claim can DEF make?
Counterclaim
Under 13(g) is it may or must and what's the test?
May bring a crossclaim
If it's the same transaction/ occurrence as the original claim or counterclaim as related to the same property
Under R14, how many days does a defending party have to bring in a 3rd party?
14
Under Intervention of Right 24(a) > Is it a may or must and what are the 2 ways that a party has a right to intervene?
Must
- Right to intervene by fed statute OR
- Claims an interest relating to the property or transaction, that's subject to the action
What happens if you fail to properly assert the claim of privilege?
Note > 1 word, starts with "W"
Waiver
If Def makes a claim against another party that Plaintiff also has a claim against, what's it called under R 13(g)?
Crossclaim
What mystery rule can Def's use and what does the rule allow you to do?
Note > Is it may or must
18(a)
A party asserting a crossclaim MAY join as many claims as they have
Note > As long as they already have a valid counterclaim under 13(a) or 13(b).
What are 2 types of claims under R 14?
C
I
Contribution
Indemnity
Under Permissive Intervention 24(b) > Is it a may or must and what are the 2 ways that a party has a right to intervene?
May
Right by fed statute OR
Has a claim or defense that shares w/ the main action a common Q of law or fact - By a govt officer or agency - Delay or prejudice
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Under 13(a) compulsory counterclaim what is the test?
Hint> Besides the test it will also be a May or Must
Test > Same transaction or occurrence as opposing party's claim
MUST
Under R20(a)(1) - Who may join in one action?
Plaintiffs
What is contribution under R14?
Note > Has to do w/ a payment
Def asserts the nonparty is also at fault and must pay their share to any judgment that def has to pay to Plaintiff.
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