Benefits, Burdens, Battlestar Galactica
Discovery does not typically get filed, which means that frivolous discovery responses cannot be punished under Rule 11; but they can be punished under this part of the discovery rules.
What is Rule 26(g)?
Under Rule 34, a party may serve on another party a request within the scope of Rule 26(b) to produce and permit the requesting party to inspect or copy this or this, or to permit entry on to this.
What are documents, tangible things, or property?
If a defendant fails to respond to the complaint within 21 days of service, and that failure is shown by affidavit or otherwise, this is entered under Rule 55(a).
What is default?
Under this doctrine, no genuine issue of fact can be created based on a factual conflict that arises only as a result of a person’s self-serving contradiction of his own previous testimony in opposing summary judgment with an affidavit.
What is the sham affidavit doctrine?
Under 28 U.S.C. § 1870, each party gets three types of these challenges, which entitle the party to strike a juror for any reason, or no reason at all.
What are preemptory challenges?
In order for a confidential communication with your lawyer to be protected by the attorney-client privilege, the communication had to be made for the purpose of doing either of these two things.
What is obtaining or providing legal advice?
Under Rule 37(a), a court must always order the losing party on a motion to compel to do this, unless the loser's position was substantially justified.
What is pay the winner's attorney's fees?
Under Rule 41(a)(2), if a defendant has pleaded this before being served with the plaintiff's motion to voluntarily dismiss its complaint, the action may be dismissed over the defendant's objection only if this can remain pending for independent adjudication.
What is a counterclaim?
A plaintiff seeking to oppose summary judgment under the Matsushita standard must establish a genuine issue of material fact by showing more than this.
What is some metaphysical doubt?
This type of verdict asks the jurors to make written findings on each issue of fact.
What is a special verdict?
A party issuing initial disclosures under Rule 26(a)(1) must provide names of these and copies of these that the party may use to support its claims or defenses.
What are individuals with discoverable information and documents in its possession, custody, or control
An attorney can only instruct a deponent not to answer a question in order to preserve this or to enforce this (forget 30(d)(3) motion).
What are privilege and a limitation ordered by the court?
Under the two-dismissal rule, a second notice of voluntary dismissal under Rule 41(a) operates as this.
What is an adjudication on the merits?
A party asserting that a fact cannot be or is genuinely disputed under Rule 56(c) must support the assertion by citing to particular parts of materials in the record, including four of these.
What are depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials?
Under Unitherm, a party who made a JMOL motion under Rule 50(a) during trial who wants to appeal the sufficiency of the other party's evidence must file this or else waive their challenge to the evidence.
What is a renewed JMOL motion under Rule 50(b)?
An attorney's interview notes with a witness who is no longer available may be work product if prepared in anticipation of litigation, but an opposing party can obtain those notes by showing they cannot obtain their substantial equivalent by other means without this.
What is undue hardship?
A court may only sanction a party under Rule 37(b)(2) after the party has failed to do this.
What is obey an order compelling discovery?
The appeals court in Atlantic Pipe found that the lower court's mandatory mediation order was insufficient because it did not limit this.
Duration of the mediation/Time Frame for Mediation/Mediator Fees
Under Anderson, when determining whether a genuine issue of material fact exists on summary judgment (SJ), court must take this into account.
What is the burden of proof?
If a judge states that a witness is not believable because her memory was proven to be faulty on cross examination, the judge is doing this.
What is weighing the evidence?
Proportionality requires consideration of the importance of the issues at stake, the amount in controversy, the parties' relative access to information, the parties' resources, the discovery's importance, and this.
What is whether the burden or expense of the proposed discovery outweighs its likely benefit?
A notice of deposition directed to Acme, Inc. stating only that the deposition will take place at 10:00 AM on April 30, 2026 is missing this.
What is a description (with reasonable particularity) of the matters for examination?
These are two of the Colleton Prep factors for determining whether good cause exists to relieve a party from default (name 2 of 6).
What are (1) whether the moving party has a meritorious defense, (2) whether it acts with reasonable promptness, (3) the personal responsibility of the defaulting party, (4) the prejudice to the party, (5) whether there is a history of dilatory action, and (6) the availability of sanctions less drastic?
Under Celotex, “[T]he plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of" this, which is essential to their case.
What is an element of their claim?
In Markman, the Supreme Court stated that judges construe the meaning of these all the time, and are probably better at it than jurors (NOT patents).
What are written instruments?