A party must, without awaiting a discovery request, provide to the other parties;
the name and if known address and telephone number of each individual likely to have discoverable information - along with the subjects of that informaiton - that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment;
What is Rule 26 (a)(1)(i)?
100
Under this rule, the court may order a party whosse mental or physical condition including blood groups, is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.
What is Rule 35 (a)?
100
An offical order by the court requiring the defendant to respond to the complaint.
What is Summons? (Rule 4)
100
Tools of discovery are covered under these 4 rules.
What are Rules 30 (Depositions by Oral Examination), Rule 33 (interrogatories), Rule 34 (Prodcuing Documents and Elctronically stored information), Rule 35 (Physical or Mental Examinations)?
100
A person may be joined in one action as plaintiffs if (A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transction, occurrence, or series of transacitons or occurrences; and (B) any question of law or fact common to all plaintiffs will arise in the action....
What is Rule 20 (a)?
200
The following proceedings are exempt from initial disclosure:
(i) an action for review on an administrative record
(ii) a forfeiture action in rem arising form a federal statue;
(iii) a petition for habeas corpus or any other proceeding to challenge a criminal conviction or sentence;
(iv) an action to brought without an attoreny by a person in the custody of the United States, a state, or a state subdivision
(v) an action to enforce or quash an administrative summons or subpoena
(vi) an action by the United States to recover benefit payments
(vii) an action by the United States to collect on a student loan guaranteed by the United states;
(viii) a proceeding ancillary to a proceeding in another court; and
(ix) an action to enforce an arbitration award
What is Rule 26 (a)(B)?
200
The responding party must serve its answers and any objections within ___ days after being served with an interrogatory.
What is 30 days?
200
This fulfuills the Constitutional requirement of Due Process of Law under the 14th Amendment.
What is Due Process of Law? (Rule 4)
200
Attorney Client, Priest Penitent, Self-Incrimination (5th Amendment), Husband and Wife, Doctor patient are examples of this type of relationship.
What is Privileged? Rule 26
200
TROs are good for a duration of ___ days, and Preliminary Injunctions are good for a duration of ____.
What is 14 days and duration of lawsuit? Rule 65.
300
Any nonprivileged matter that is relevant to any party's claim or defense.
What is Rule 26 (b)(1) Scope of Discovery
300
A dispute is considered _________ when a reasonable jury could return a verdict in favor of the defendant based on the evidence presented.
What is genuine? (Summary Judgment Rule 56)
300
The first stage of a lawsuit in which the parties present their claims and defenses.
What is pleading? (Rule 8)
300
A pary must without awaiting a discovery request provide to the other parties: (i) name and if known, the address and telephone number of each individual likely to have discoverable information....
What is Rule 26 (A)?
300
This Rule states a defending party, may as third party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it....
What is Rule 14 (Third Party Practice)
400
Work product of a party or a representative of a party made in anticipation of litigation is discoverable only upon showing....
What is substantial need and to avoid undue hardship in obtaining materials in an alternative way. Rule 26 (b)(3)(A)(i)(ii)
400
This rule states unless otherwise stipulated or ordered by the court, a party may serve on any other pary no more than 25 written interrogatories, including all discrete subpart.
What is Rule 33?
400
Defines the manner in which the summons must be served. The summons must be served with a copy of the complaint with in the time allowed under Rule 4 (m).
What is Rule 4 (c)?
400
A pary may discover documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative under this exception
What is the party shows that it has a substantial need for the materials to prepare its case and cannot without undue hardship, obtain their substantial equivalent by other means? Rule 26 (b) (3)
400
A ______ may state a claim against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the origianl action or of a counterclaim.....
What is crossclaim? Rule 13 (g)
500
Unless otherwise stipulated or ordered by the court,a party may serve on any other party no more than _______ written interrogatories, including all discrete subparts.
What is 25? Rule 33 (a)(1)
500
A counterclaim which arises out of the transaction or occurrence that is the subject matter of the opposing party's claims and does not require adding another party over whom the court cannot acquire jurisdiction?
What is a compulsory counterclaim?
500
Duress, Estoppel, Failure of Consideration, illegality, Laches, Arbitration and Award, Assumption of Risk, Res Judicata, Statue of Fradues, Staute of Limitations....are said to be what type of defenses.
What is Affirmative Defense? (Rule 8 (c))
500
Matter that is protected by applicable law and provides for confidential communication.
What is privileged?
500
Four part test to obtain a temporary restraining order or preliminary injunction.
What is (1) Plaintiff is likely to suceed on his claim, (2) Plaintiff will likely suffer irreparable harm in absence of order, (3) the defendant will not be harmed more than the Plaintiff is helped, (4) granting the order is in the best interest of the public? Rule 65