Pleadings
A short and plain statement asking for relief to recovery
What is rule 8(a)(2)?
Written questions and answers under oath; parties have 30 days to respond
What are interrogatories (rule 33)?
Motion that is brought when a movant demonstrates that (1) there are no disagreements on material facts, and (2) the movant is entitled to judgment as a matter of law.
What is a rule 56(a) motion for summary judgment?
Standard of review for questions of law with no deference given to the district court
What is de novo?
What is a rule 26(c) motion for protection?
Response for failure to state a claim
What is a 12(b)(6) Motion to Dismiss?
A rule 34 request
What is a document request?
Right to jury trial
What is the seventh amendment?
Standard of review for questions of fact where great deference is given to the district court
What is clearly erroneous -- jury trial?
Injunctions, recissions, reforms of contract, receiving backpay
What are at-equity/equitable remedies?
When D submits a request asking for more information from P to stake claims if pleading statements are very vague or ambiguous
What is a 12(e) motion for a more definite statement?
When a court imposes sanctions on a party that disobeyed an order to compel based on the order being disobeyed and the responding party's fault.
What is a rule 37(b) motion for sanctions?
Money damages and compensatory damages
What are at-law/legal remedies?
Standard of review that is statutorily or constitutionally set and depends on the specific area of law
What is independent review?
Seeking permission to amend a complaint after the 21 day response period
What is a leave to amend?
A response to remove redundant, immaterial, impertinent, or scandalous matter.
What is a 12(f) motion to strike?
What is a rule 26(c) motion for protection?
A verdict in which the jury makes findings only on factual issues submitted by the judge, who then decides the legal effect of the jury's verdict
What is a special verdict?
Standard of review for questions of fact and deference is given to the district court
What is clearly erroneous -- bench trial?
Standard of review for issues of discretion and judicial procedural calls that are very deferential
What is abuse of discretion?
What is relation back (15(c))?
What are medical treatment privileges?
What is a rule 59(a)(1) motion for new trial?
Requested by filing a notice of assessment in district court within 30 days of the final judgment
What is the final judgment rule?
You cannot bring up this motion if you did not bring up a JMOL pre-going to jury AND you must move for it within 28 days of the announcement of the decision.
What is a rule 50(b) motion for renewed judgment as a matter of law (RJMOL)?