Show:
Pleadings
Joinder
Discovery Rules
Discovery Tools
Resolution Without Trial
100
Specific rule governing "pleading special matters"?
What is Rule 9
100
This rule deals with only joinder of claims
What is Rule 18
100
To get this the court balances one parties interests in getting information for their case AND the potential harm to the other party if information is disclosed
What are Protective Orders?
100
Rule 36
What is a request for admission?
100
This is rendered when there is not enough evidence or a material fact at issue to justify going to trial
What is Judgment as a Matter of law? (Summary Judgment)
200
When the court views anything outside of the complaint at the pleading stage
What is Rule 56?
200
A counterclaim that arises from the same transaction or occurrences that gives rise to the plaintiff's complaint
What is a Compulsory Counterclaim?
200
This rule allows the petitioner to ask for an order authorizing the petitioner to depose the named persons in order to perpetuate their testimony.
What is Rule 27 - Deposition to Perpetuate Testimony?
200
These are written questions
What is interrogatories?
200
An agreement between the parties settling the underlying dispute and providing for the entry of judgment in a pending or contemplated action
What is a consent judgment?
300
Rule 12(e)
What is a Motion for a More Definite Statement?
300
This allows a "defending party" as "third party plaintiff" to serve a summons and complaint on a nonparty who is or may be liable to it for the claim against it
What is Rule 14, impleader?
300
Rule 26(b)(1) (doesn't have to be in question format)
Parties may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense
300
Anything the attorney does in anticipation of litigation. (has his private thoughts)
What is work product?
300
Voluntary Dismissal
What is a dismissal that does not bar the plaintiff from refilling the same lawsuit within the applicable statute of limitations?
400
NC Rule 9(j)
What is the rule for alleging medical malpractice by a health provider?
400
These are the three ways in which a party could be required to be joined in an action (don't have to state answer in a question)
1. Courts can't afford complete relief among existing parties; 2. Disposing of the action will as a practical matter impair or impede the person's ability to protect the interest; 3. Disposing of the action will leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest
400
Rule 26(f)
What is the rule governing the conference of the parties, planning for discovery?
400
Judge will look at document in chambers to decide if document should be turned over
What is in camera review?
400
Default Judgment
What is entered when a party against whom a judgment for affirmative relief is sought has failed to attend court to plead or otherwise defend.
500
Rule 15
What rule the party may amend its pleading within 21 days after serving it. Required response to amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading unless the court orders otherwise.
500
When a party may be joined or a claim may be joined but, failure to do so will not bar a party from bringing the claim on its merits.
What is Permissive?
500
These things are required in initial disclosures (don't have to state in question format)
What is all documents that the disclosing party has in its POSSESSION, CUSTODY, CONTROL and MAY use to SUPPORT in CLAIMS and DEFENSES unless the use would be solely for impeachment?
500
How can attorney's use the discovery devices at trial? (this is the question you give the answer) Give 2 out of 3
-As admissions of an adversary or witness - Use the party or witness statement to refresh a witness's recollection - provide a basis for cross-examination or impeachment of a witness
500
Issue Preclusion
What is a decision regarding an issue of fact may be binding in later litigation between the same parties, or sometimes against a prior party