RULES 1-11
What do we do if we are counting time under Rule 6, and the last day is a Saturday, Sunday or legal Holiday?
"Include the last day of the period, but if the last day is a Saturday, Sunday, or legal Holiday the period continues to run until the end of the next day that is not a Saturday, Sunday, or holiday."
How many days do you have to answer a complaint if you DO NOT waive personal service? If you do? If you're outside the country?
21 days, 60 days, 90 days
When must a pleader state a compulsory counterclaim against the opposing party in their pleading?
(13a)
1) arises out of the same transaction or occurrence that is the subject matter of the opposing party's claim AND
2) does not require joining other parties over whom the court doesn't have Jx
What must be included in the initial required disclosures?
1) the name, address, and # of each individual likely to have discoverable info + the subjects of that info
2) A copy of all documents, e-info, and tangible things that the party has in its possession that it may use to SUPPORT its claims or defenses
3) a computation of each category of damages
4) insurance agreements
41(b) Involuntary Dismissals: What does the rule say we do? What does Scalia say we do? What does Chow say we do?
Rule: If the P fails to prosecute a defendant may move to dismiss, unless the dismissal order states otherwise, a dismissal under involuntary dismissal (except one for lack of Jx, venue, or failure to join a party under Rule 19), OPERATES AS AN ADJUDICATION ON THE MERITS
Scalia: it is a housekeeping rule, it says you can't go back to THIS COURT, but doesn't say you can't go to another court. 41(b) is NOT a rule of claim preclusion.
Chow: we shouldn't listen to Scalia, this only really matters if the order says just dismissed, but otherwise courts don't even really do this
Which of the following is not a legal holiday:
George Washington's birthday, Juneteenth, or Columbus Day?
NONE OF THE ABOVE:
"New Years Day, MLK Day, Washington's Bday (President's Day), Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas
Which 12(b) motions can you make simultaneously?
Any of them! Rule 12(g)(1)
What is a permissive counterclaim?
A counterclaim that is not compulsory (required to be put in the first time)
When must a party make the initial disclosures by?
14 days after the pretrial conference, unless they are joined later then they have 30 days
When can a motion for judgment as a matter of law be made (the cumbersome DUMBASS name)
after 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 them: at any time before the case is submitted to the jury
(A): handing it to the person
(B): leaving it:
(i) at the person’s office with a clerk or other person in charge, or if no one is in charge a conspicuous place in the office or
(ii) if the person has no office or if the office is closed, at the person’s dwelling or usual abode with someone of suitable age and discretion WHO LIVES THERE
If on a motion for 12(b)(6) or 12(c), matters outside the pleadings are presented and not excluded by the court, how does the court treat the motion?
As a motion for summary judgment Rule 12(d)
What is a crossclaim?
Any claim by one party against a co-party that arises out of the same transaction or occurrence or if the claim relates to any property that is the subject matter of the original action.
13(g)
Can you depose a nonparty? Can you serve interrogatories on a nonparty?
How many depositions? How many interrogatories?
Yes, No
10, 25 (including subparts)
when can a court set aside an entry of default
for "good cause" and anything under Rule 60(b) (reopening judgments grounds):
1) mistake
2) newly discovered evidence
3) fraud
4) the judgment is void
5) the judgment has been satisfied, released, or discharged
6) any other reason that justifies relief
If the defendant is a U.S. Citizen from Ohio, but temporarily living in Paris for a fun summer, and she is sent a waiver of personal service request, how many days does she have to return the waiver?
60 days, home doesn't matter it is where the waiver is being physically sent
Give the defendant at least 30 days after the request was sent, or at least 60 days if sent to the defendant outside of any judicial district in the US to return the waiver
Lack of PJ, improper venue, insufficient process, and insufficient service of process
A party may amend its pleading once no later than __ days after serving it. Any response to an amended pleading must be made within ___________ or within __ days after service of the amended pleading, whichever is longer.
21, the time remaining to respond to the original pleading, or 14 days
Rule 15
How long do you have to respond to interrogatories?
30 days
When can you file a motion for summary judgment?
If movant shows there is no genuine dispute as to any material fact, and can be made at any time until 30 days after the close of all discovery
How many days does the opposing party have to fix something before the court is notified that you are filing for sanctions?
21 days Rule 11(c)(2)
When can judgment on the pleadings be motioned for?
After the pleadings are closed, but not early enough to delay trial
12(c)
What is Amanda's middle name :0
irene :)
What are the two types of experts? Which one is subject to discovery? How many days in advance must you disclose the identity of your testifying expert?
a testifying expert and a non-testifying expert, the testifying expert, 90 days
What is a preliminary injunction? What is a TRO? When does a TRO expire?
Preliminary Injunction: must have notice, subject to immediate appeal
TRO: may be issued without written or oral notice if "complaint clearly shows that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard"
No notice: 14 days after the date and hour it was issued