Prior to filing complaint?
- Feasible/actionable
claim? 12(b) (6)
- Statute of Limitations?
-(Rule 11)
- Jurisdiction/Venue?
-Simply: do I like this
person? Do I have time?
- Which court?
-Procedural/evidentiary
rules?
- Fed or State?
- Jury pool/Judges?
-SoL doesn't exist typically
when decedent is dead
Parties?
Joinder?
Murphy's law
If granted prel.
relief: plaintiff
must post bond
for the value of
injunction.
Preliminary relief: (Rule
65) -TRO? (without
notice?)
-Prel. Injunction
- Seizure of
goods/freeze/notice
*expert witness
cases-parties
agree, video *if
witnesses will
die/are sick
Court:
- Assesses odds of win on
merits
- Assesses probability of
harm (when denied relief).
- Assesses magnitude of
harm. (esp. to parties)
(Winter)
-Also consider Doehr test:
Doehr asked about
constitutionality re: due
process [& Matthews]
To preserve
testimony
(assuming they
won't attend
trial)
*think Joan
Serve, then file
complaint.
Taking on representation
Goal: delay
- 21 days after
service to file A
-Waiver of service
(60 days)
- Request extra
time
-First, you try to
avoid responding
at all (12 b
dispositive
motions)- tie back
to 12b6
Rule 12 motions: include in rule 12
motion or in
Answer; otherwise14/21 days
waived.
15(a)(1): Can
amend Answer
within 21 days.
Motion to dismiss for failure to
state a claim 12(b)(6)
Mand. disclosures
26(a)(1)
Pleadings
Complaint:
- Not conclusory. (use
therefore)
- Facts sufficient (11,
12(b)(6)- needs to
survive the 12b6- aka
claim that can be fixed
with legal relief
- Flag if evidence
expected during
discovery
-ReliefNote in complaint if you
want a jury (Friedman:
note it right away) *Hey
Answer
1. Response to
allegations in
Complaint
2. Affirmative
defenses (to an
entire claim; must
allege extra facts)
8(c)(1)
3. Counterclaims,
Crossclaims (only
about parties
already in suit)
- Discoverability
isn't admissability
- Objections to
form are waived if
not stated.
For discovery
Depositions (30)
Expert Witness
Disclosure
Text
(26(b)(4)
Motion for Summary
Judgment (56)
Must supplement
disclosures 26(E)
Discovery (26)
FInal disclosures
26(a)(3);
Req for admision:
judicial admision taken as true.
Rule 11: file 21
days after service.
-Requests for
admission (party) 36
-Interrogatories
(party, 33)
-Doc request. (to
party 34)
-Doc request to
non-party: subpoena
45
- Physical/Psych
exam (35,
Schlagenhauf)
- Affidavits
Doc requests:
- ESI
- Unreasonably
burdensome?
- Privacy
considerations
Counter
Cross
Related
Must
May
Unrelated
May
May not
Def. can
implead third
party
Privilege
Work Product
Upjohn
Hickman & 26(b)(3)
Absolute
Showing of substantial
need & impracticability.
Any time, if
confidential
Applies only in
anticipation of litigation
Privileged
relationships
Between anyone or
no-one (memo)
Compulsory
joinder
Intervention
(3rd party
wants in)
Directed Verdict 50(a)
Trial
J.N.O.V.
Jury
Deliberation
Jury right: in
matters of
law, not
equity.
Interpleader:
multiple
declaratory
judgment
action
Judgment