Joinder
T/O means…
Logical relationship of fact
What certification is required on motions to compel or for protective order?
A certification that movant has in good faith conferred or attempted to confer with the other party in an effort to obtain the documents without court action
What’s the difference between interrogatories and requests for production of documents?
Interrogatories force parties to create new documents, while RFPs request previously existing documents
SJ shall be granted if…
Movant shows that there is no genuine dispute as to any material fact and that the movant is entitled to JMOL
Res judicata is also known as…
Claim preclusion
Same case or controversy means…
Common nucleus of operative fact
What is needed to serve a nonparty with a discovery request?
A subpoena
Who can be served an interrogatory?
Only party on party
Who may move for SJ when?
Any party, at any time until 30 days after the close of all discovery
What is collateral estoppel?
Issue preclusion; basically the same as res judicata except for issues instead of claims
1367(b) prohibitions apply if original SMJ is what?
Solely diversity
Who has the privilege in ACP?
The client
What’s the presumptive limit on interrogatories?
25
If a party wants to move for RJMOL, what must they have done first?
Moved for JMOL earlier
What is the standard of review for res judicata?
De novo
What makes a counterclaim compulsory?
If it arises out of the same T/O as opposing party’s claim
What is the presumptive limit for depositions?
10 per side; per depo, one day of 7 hours
What makes an interrogatory discrete?
If the first question can be answered fully and completely without answering the second question
What is “governing law” in the definition of material fact?
Material fact: one that affects the outcome of the case under the governing law; governing law = substantive law
Same claims means…
Facts related in time, space, origin, or motivation
What test is used when a D wants to implead a nonparty?
Is or may be liable test
What is never discoverable regarding WPP?
Attorney’s mental impressions, recollections, and thought processes
Regarding interrogatories, the client must sign what, and the attorney must sign what?
The client signs their own interrogatory; the attorney signs any objections made
Name one of the two options movant has if the nonmoving party bears the trial burden
1) May submit affirmative evidence that negates an essential element of nonmoving party’s claim, or 2) may demonstrate that nonmoving party’s evidence is insufficient to establish an essential element of their claim (absence of evidence)
Name any two of the three testable options for privity under the 'same parties' element
1) P1 bought P2 co., assumed obligations giving rise to litigation; 2) P1 parent co. of P2 subsidiary, and P1 controlled P2’s conduct, giving rise to litigation; 3) P1 employer and P2 employee acting in course & scope of duties regarding incident giving rise to litigation