Discovery
How many production requests may a party serve?
There is no limit.
What is the requirement for obtaining a Rule 35 Examination? Further, what is the standard of proof?
The condition must be “in controversy” and the party must have "good cause."
What is the standard for obtaining summary judgement?
“No genuine dispute as to any material fact and the movant is entitled to judgement as a matter of law”
What 2 sources of law must a plaintiff satisfy in order for the court to exercise PJ over the defendant?
(1) the forum’s law regarding PJ
(2) Constitutional Due Process
What is the test for residence-based venue?
What is the test for occurrence-based venue?
(a) if all defendants are residents of the same state, then
(b) venue is good in any district in that state where any defendant resides
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(a) Any district where a substantial part of the events or omissions giving rise to the claim occurred
What is the normal response time for production requests?
30 days after service but extensions are common.
What activities can you compel by subpoena?
Testimony at a deposition, hearing, or trial; and inspection of documents, tangible things, or property
What happens if a complaint demands a jury trial and contains some legal claims and some equitable claims?
The jury hears the legal claims, then the judge hears the equitable claims.
What’s our rule from International Shoe?
“due process requires only that ... a defendant ... have certain minimum contacts with [the forum state] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.”
If there is a venue challenge, what are the court’s options if the plaintiff filed in a proper venue?
The court may transfer the case to another forum where it “might have been brought” considering SMJ, PJ, and venue
What is the consequence of failing to respond to a Request For Admission (RFA) within 30 days?
The requests are deemed admitted.
What are the types of proceedings where you might use deposition testimony?
At trial or at a hearing (as authorized by Rule 32)
To support or oppose a motion for summary judgement (as authorized by Rule 56)
How is conflicting evidence viewed in the context of a Motion for Summary Judgement?
All evidence is construed in favor of the non-moving party (the court accepts the evidence of the nonmoving party as true), and inferences are drawn in favor of the non-moving party. The court will not make credibility determinations.
What did Worldwide Volkswagen tell us about how to evaluate minimum contacts?
Did the defendant purposely avail itself of the benefits and protections of the forum state’s laws and consumers
Was it foreseeable that the defendant’s conduct would lead to the defendant being haled into the court to defend litigation
What are the hallmarks of a "procedural" rule?
if the rule governs the “manner and means” by which the litigants’ rights are enforced—how the parties go about enforcing their rights—it is procedural
For most discovery, when is the earliest time you can serve another party?
After the parties’ Rule 26(f) discovery conference.
What is the 2 step process for a motion to compel in a discovery dispute?
File a motion to compel under Rule 37(a);
File a motion for sanctions under Rule 37(b)
A MSJ contains contradictory arguments by the parties regarding the meaning of a statute. Will the court grant or deny the motion?
GRANT
To block PJ based on the fairness factors, the defendant must make...
a compelling case.
Rule on Statute of Limitations: Substantive or Procedural?
SUBSTANTIVE
What must an objection to production of documents include?
Objections must be stated with specificity and must disclose whether documents are withheld on the basis of the objections.
Under what 3 circumstances may you instruct your witness not to answer a question during a deposition?
(1) To preserve a privilege;
(2) To enforce a protective order;
(3) To suspend the deposition to seek a protective order.
What may one NOT rely on to support or oppose the existence of a disputed fact?
Statements in briefs or allegations in the pleadings.
What rules did we glean from Asahi and Nicastro?
Merely injecting your goods into the “stream of commerce” without more is not enough to subject the defendant to PJ, even if the defendant knew its goods would reach the forum state.
“stream of commerce plus” --injecting goods into the stream of commerce plus some actions targeting the forum state
Where is a corporation a resident?
Any district where it is subject to personal jurisdiction for the claim in question