CIV PRO
The non-moving party has been fully heard and "a reasonable jury would not have a legally sufficient evidentiary basis to find for the party."
What is the standard for a Rule 50(a), motion for judgment as a matter of law?
A document must not be presented for an improper purpose, claims and defenses must be warranted by existing law, and factual contentions must have evidentiary support.
What does Rule 11 require?
accord and satisfaction; arbitration and award; assumption of risk; contributory negligence; duress; estoppel; failure of consideration; fraud; illegality; injury by fellow servant; laches; license; payment; release; res judicata; statute of frauds; and statute of limitations.
What are the affirmative defenses?
Governed by Rule 37, it is granted by the courts when a party fails to make disclosures or cooperate in discovery to obtain relevant discovery information.
What is a motion to compel?
25 Interrogatories & 10 depositions.
What are the limits to interrogatories & depositions?
Action that can be taken if plaintiff fails to litigate claims or comply with rules or court order.
What is an involuntary dismissal?
Mental impressions, conclusions, opinions, or legal theories of the party's attorney or other representative concerning the litigation.
What still gets protected if the court orders discovery of trial prep materials?
An individual who conducted a physical or mental examination.
What non-testifying Expert can be discoverable?
Parties can obtain information essential to the preparation of the case and witnesses or evidence that is no longer available (substantial need) or can only be obtained with difficulty (burden).
What is exceptions to work product?
During discovery, a court may grant this to prevent a person from annoyance, embarrassment, oppression, undue burden or expense in the fact finding process. In such a case, the party requesting the order has the burden of showing good cause for the exclusion of the sought information.
What is a Protective Order?
An action taken by a judge with “significant, personal involvement” in a case.
What is recusal 28 USC § 455?
Disclosures & Discovery, ESI, Privilege & Work Product Claims, Pretrial Conferences, etc.
What information may be discussed in a R16(b) Scheduling Order?
A doctrine that prevents a party to a lawsuit from re-litigating an issue once it has been decided in a previous case.
What is issue preclusion?
If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue.
What is judgment as a matter of law?
Type of conference must be held between parties and the court to discuss case management and scheduling for discovery.
What is a scheduling conference?
An amendment will be viewed as dating back to the date of the original pleading when either the statute of limitations allows, the claim arises out of the same transaction, occurrence, or conduct, or changes the name of a party to an action, as served under rule 4 and will not prejudice the opposing party as well as they should have known they may become a defendant to the action.
What is FRCP Rule 15 Relation back?
A remedy to spoliation which allows an assumption that if the evidence is gone, it would have been unfavorable to the party."
What is adverse inference instruction?
This is what you do if you inadvertently give the opposing party documents that are protected by a privilege or a claim of work product protection during the discovery process.
What is a claw back agreement?
The loss or destruction of potentially relevant information that should have been preserved for a civil litigation matter.
What is Spoliation?
Names of individuals who support your position, documents you may use to support your position, and computation of damages & insurance agreements.
What are the mandatory initial disclosures required before discovery?
Motion may be granted either sua sponte or by motion of either party, which may result in a new trial, on the grounds of significant error of law, verdict against the weight of the evidence, irregularity in a court proceeding, jury misconduct, newly discovered evidence, or unfair or improper damages.
What is a Motion for New Trial?
A preliminary injunction will preserve the status quo of the parties until a decision is reached on the merits. Therefore, if a party will suffer a manifest injustice under the yoke of a injunction, Congress included a caveat in the statute that enables parties who have had a preliminary injunction issued against them the ability to appeal it immediately.
What does §12901 enable a party to appeal a preliminary injunction without the issue being decided on the merits?
Using this rule, on motion and reasonable notice, the court may, permit a party to serve a pleading setting out any transaction, occurrence, or event that happened after the date of the original pleading.
What is Rule 15(d): supplemental pleadings?
A counterclaim that must arise from the same transaction or occurrence as the opposing party's claim and fall within the court's jurisdictional authority.
What is a compulsory counterclaim?
Good cause and satisfying Rule 60(b).
When can a court set aside a default judgment?