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CRIMINAL PROCEDURE
CIVIL PROCEDURE
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Gould's Bar Examination Flash Card Webinar Series
CIVIL PROCEDURE
CIVIL PROCEDURE SHOPPING LIST
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CIVIL PROCEDURE
CIVIL PROCEDURE SHOPPING LIST
1. PLEADINGS
2. SUBJECT MATTER JURISDICTION
3. PERSONAL JURISDICTION
4. TERMINATION WITHOUT A TRIAL
5. PARTIES
6. PRE-TRIAL CONFERENCES
7. PRECLUSIVE EFFECT
8. ERIE DOCTRINE
9. DISCOVERY
10. TRIALS AND APPEALS
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CIVIL PROCEDURE
PLEADINGS
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CIVIL PROCEDURE
PLEADINGS
PLEADINGS.
CONSTRUED LIBERALLY TO DO SUBSTANTIAL JUSTICE.
Sets Forth Claims and Defenses.
THE COMPLAINT. Begins Action, May Have Alternative
Claims.
NOTICE PLEADING / SUFFICIENT COMPLAINT.
Federal Courts, Liberal.
Puts Defendant on Notice of a Claim.
1. SHORT AND PLAIN STATEMENT OF JURISDICTION.
2. SHORT AND PLAIN STATEMENT OF CLAIM ENTITLING
PLAINTIFF TO RELIEF.
3. DEMAND FOR JUDGMENT, REMEDIES.
SPECIAL MATTERS / PARTICULARITY.
Fraud, Mistake, Special Damages, Conditions Precedent.
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CIVIL PROCEDURE
SERVICE OF PROCESS
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CIVIL PROCEDURE
SERVICE OF PROCESS
PERSONAL SERVICE.
SUBSTITUTED SERVICE.
WAIVER OF SERVICE BY MAIL.
PROCESS DELIVERED TO DEFENDANT IN ANOTHER
STATE.
PROCESS DELIVERED TO DEFENDANT'S AUTHORIZED
AGENT.
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CIVIL PROCEDURE
VENUE
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CIVIL PROCEDURE
VENUE
PROPER VENUE.
Any District Where a Defendant Resides if Defendants Reside in the Same State.
A District in Which a Substantial Basis of the Claim Took Place.
A District Where the Defendant is Subject to Personal Jurisdiction.
For Land Claims, the District Where the Land Lies.
RESIDENCE.
A Domicile for Individuals.
All District Where a Corporation is Subject to Personal Jurisdiction.
TRANSFER OF VENUE.
Defendant Must Assert in Answer / Motion, or Else Defendant Will Waive.
Court May Transfer to a District Where the Case Could Have Originally Been Filed, or Dismiss.
New Venue Must Apply Choice of Law Rule of the Original Court.
FACTORS: Convenience of Parties, Convenience of Witnesses, Interests of Justice.
FORUM NON CONVENIENS.
Dismissal of Claim for Inconvenience
Heavy Burden on Defendant or Court.
Plaintiff has Insufficient Evidence for Choice of the Forum.
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CIVIL PROCEDURE
REMOVAL
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CIVIL PROCEDURE
REMOVAL
REMOVAL / TRANSER.
From State Court to Federal Court in Same District.
BY DEFENDANT. Must Move within 30 Days After Service of First
Removable Pleading.
Case Must Have Original Subject Matter Jurisdiction.
NOT PROPER: If Defendant is a Citizen of the Forum State, or
Claim is Over One-Year Old.
Plaintiff May Not Try to Defeat Removal by Destroying Diversity.
REMAND. Court May Remand Back to State Court where there is Lack of
Subject Matter Jurisdiction.
WAIVER. If Defendant Files a Permissive Counter-Claim in State Court,
they Lose Right to Remove, but Not for a Compulsory Counter-Claim.
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CIVIL PROCEDURE
COUNTER-CLAIMS
and CROSS-CLAMS
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CIVIL PROCEDURE
COUNTER-CLAIMS and CROSS-CLAMS
COUNTER-CLAIMS.
FILED WITH ANSWER.
PLAINTIFF MUST ANSWER, OR ELSE ALLEGATIONS ARE ADMITTED.
COMPULSORY COUNTERCLAIM.
ARISES OUT OF SAME TRANSACTION OR OCCURRENCE AS PLAINTIFF'S CLAIM.
MUST BE FILED IN PENDING SUIT, OR LOSE RIGHT TO SUE.
EXCEPTION. Not Applicable where the Claim had Previously Been Asserted, or Defendant Had Case Dismissed Before
Answering the Complaint.
IF NO INDEPENDENT SUBJECT MATTER JURISDICTION, MAY ASSERT SUPPLEMENTAL ANCILLARY
JURISDICTION.
PERMISSIVE COUNTERCLAIM.
DOES NOT ARISE OUT OF SAME TRANSACTION OR OCCURRENCE AS PLAINTIFF'S CLAIM.
DOES NOT HAVE TO BE FILED IN PENDING SUIT.
MUST HAVE SUBJECT MATTER JURISDICTION.
CROSS-CLAIMS.
CLAIM AGAINST A CO-PARTY.
MAY BE FILED IF IT ARISES OUT OF SAME TRANSACTION OR OCCURRENS AS UNDERLYING ACTION.
NOT COMPULSORY.
MUST SATISFY SUBJECT MATTER JRUISDICTION OR SUPPLEMENTAL JURISDICTION.
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CIVIL PROCEDURE
DEFENDANT'S ANSWER and
MOTIONS
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CIVIL PROCEDURE
DEFENDANT'S ANSWER and MOTIONS
DEFENDANT'S ANSWER / RULE 12 MOTIONS.
NO MORE THAN 20 DAYS AFTER SERVICE.
DEFAULT JUDGMENT. If Not Timely.
ANSWER. Admit, Deny, Lack of Sufficient Information. Motion for More
Definite State, or Motion to Strike.
AFFIRMATIVE DEFENSES. Waived if Not Raised.
FAILURE TO DENY IS ADMISSION.
FRCP RULE 12 DEFENSES.
LACK OF SUBJECT MATTER JURISDICTION.
May Assert Anytime, Never Waived.
FAILURE TO STATE A CLAIM or JOIN PARTIES.
May Assert At Any Point through Trial.
LACK OF PERSONAL JURISDICTION, IMPROPER VENUE,
INSUFFIENT PROCESS OR SERVICE OF PROCESS.
Must Assert in First Response in Answer / Motion, or Else Waive.
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CIVIL PROCEDURE
RULE 11 CERTIFICATION
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CIVIL PROCEDURE
RULE 11 CERTIFICATION
RULE 11 REPRESENTATION BY ATTORNEY /
CERTIFICATION.
ATTORNEY'S SIGNATURE REPRESENTS A PROPER PAPER.
CERTIFICATION OF:
Reasonable Investigation.
Not Submitted for Improper Purpose.
Factual Contentions or Denials Have, or Are Likely to Have,
Evidentiary Support.
Legal Claims are Warranted.
SAFE HARBOR. 21 Days.
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CIVIL PROCEDURE
AMENDMENT of the PLEADINGS
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CIVIL PROCEDURE
AMENDMENT of the PLEADINGS
AMDENDMENT OF THE PLEADINGS.
PLAINTIFF.
As of Right Before Defendant Files Answer.
DEFENDANT.
As of Right Within 20 Days After Filing Answer.
BY LEAVE OF COURT. Plaintiff May Amend Complaint, Where:
Justice So Requires.
No Unnecessary Delay or Prejudice.
Defendant Consents in Writing.
RELATION BACK DOCTRINE.
Amended Pleadings Must Relate Back to Same Transaction, Conduct or
Occurrence as Original Claim.
AMENDMENT AT TRIAL.
For Evidence of New Claim.
Defendant Does Not Object.
SUPPLEMENTAL PLEADINGS.
For Evidence That Takes Place After Complaint is Filed.
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CIVIL PROCEDURE
SUBJECT MATTER JURISDICTION
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CIVIL PROCEDURE
SUBJECT MATTER JURISDICTION
FEDERAL QUESTION.
SECTION 1331.
CLAIM ARISES UNDER. Constitution, Laws or Treaties of U.S.
Plaintiff Must Endeavor to Enforce a Federal Right.
WELL PLEADED COMPLAINT RULE.
Indicates that Federal Question Must Appear on the Complaint.
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CIVIL PROCEDURE
SUBJECT MATTER JURISDICTION, con’t
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CIVIL PROCEDURE
SUBJECT MATTER JURISDICTION, con’t
DIVERSITY OF CITIZENSHIP.
SECTION 1332.
COMPLETE DIVERSITY. All Plaintiffs and All Defendants Must be Domiciled in Different States at Time
Case is Filed.
DOMICILE. True, Fixed, Permanent Residence.
CORPORATIONS. Domiciled in State of Incorporation, and in State with Principal Place of Business.
RESIDENT ALIENS. Citizens of State where Domiciled.
REPRESENTATION OF ANOTHER. Citizenship of Person Being Represented is Relevant.
PARTNERSHIPS. All Must Be Diverse.
AMOUNT IN CONTROVERSY.
GOOD FAITH ALLEGATION.
MORE THAN $75K. Irrespective of Court Costs and Interest.
LEGAL CERTAINTY TEST. If Clear that Plaintiff Cannot Recover the Jurisdictional Amount, Diversity is
Defeated.
PLAINTIFF RECOVERS LESS THAN $75K. Fine.
AGGREGATION OF CLAIMS.
Claims by One Plaintiff Against One Defendant, Allowed to Join.
Claims by Two or More Plaintiffs Against One Defendant, May Join Claims if They Have a Single
Undivided Right, Title, or Interest.
COLLUSION.
Cannot Assign Claim to Third-Party with No Interest in Claim, in Order to Create Diversity.
However, Plaintiff May Move to New Bona Fide Domicile Before Filing Complaint.
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CIVIL PROCEDURE
SUPPLEMENTAL JURISDICTION
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CIVIL PROCEDURE
SUPPLEMENTAL JURISDICTION
SUPPLEMENTAL JURISDICTION / PENDANT.
STATE LAW CLAIMS.
ARISING OUT OF SAME COMMON NUCLEUS OF OPERATIVE FACT AS
FEDERAL QUESTION CLAIM.
MAY REFUSE FOR: Federal Question Claim Dismissed Early, State
Law Complexity, State Law Issues Predominate.
SUPPLEMENTAL JURISDICTION / ANCILLARY.
DIVERSITY CLAIMS.
MAY JOIN PARTIES THAT WOULD HAVE BEEN NON-DIVERSE, OR LACK
AMOUNT IN CONTROVERYS, IF CLAIM IS SO RELATED TO ORIGINAL
CLAIM THAT THEY ARE PART OF SAME CASE OR CONTROVERSY.
JOINDER OF CLAIMS.
PLAINTIFF MAY JOIN ALL CLAIMS AGAINST DEFENDANT.
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CIVIL PROCEDURE
PERSONAL JURISDICTION
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CIVIL PROCEDURE
PERSONAL JURISDICTION
PERSONAL JURISDICTION.
DEFENDANT MUST OBJECT TO PERSONAL JURISDICION IN
THEIR PRE-ANSWER MOTION, OR IN THEIR ANSWER,
OTHERWISE WAIVES.
IF GRANTED, CASE DISMISSED.
3. TRADITIONAL BASIS OF IN PERSONUM
JURISDICTION.
DEFENDANT DOMICILED IN FORUM STATE.
DEFENDANT PRESENT AND PERSONALLY
SERVED IN FORUM STATE, WITHOUT FRAUD,
TRICKEY OR FORCE.
1. NOTICE AND OPPORTUNITY TO BE HEARD.
DEFENDANT CONSENTS TO SUIT.
REASONABLE NOTICE.
DEFENDANT ENTERS A GENERAL
Reasonably Calculated to Appraise Defendant of Action, and Afford APPEARANCE WITHOUT RAISING A TIMELY
Opportunity to Object.
OBJECTION.
PROPER SERVICE OF PROCESS.
SPECIAL APPEARANCE.
NOTICE GIVEN THROUGH PUBLICATION.
May Not Raise Any Issues Related to Merits of the
OPPORTUNITY TO BE HEARD.
Claim.
DOMICILE.
2. LONG-ARM / ATTACHMENT STATUES.
True, Fixed, Permanent Residence.
UP TO A CONSTITUTIONAL STANDARD.
Corporations. State of Incorporation, and Principal
BULGE RULE. For Impeadings or Compulsory Counter-Claims.
Place of Business.
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CIVIL PROCEDURE
PERSONAL JURISDICTION, con’t
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CIVIL PROCEDURE
PERSONAL JURISDICTION, con’t
4. MINIMUM CONTACTS.
CONSTITUTIONAL DUE PROCESS.
QUANTITY AND NATURE OF CONTACTS.
PURPOSEFUL AVAILMENT. Benefits and Protections of Forum State.
FORESEEABILITY OF SUIT.
RELATEDNESS OF CONDUCT TO CLAIM.
GENERAL.
Systematic and Continuous Dealings with Forum State.
Defendant Liable for Claims Involving Activity Outside of Forum State.
SPECIFIC.
Limited and Sporadic Contact with Forum State.
Cause of Action Must Arise Out of Specific Act in Forum State.
In Rem / Quasi In Rem. Land Claims, Requires Adequate Notice.
INTEREST OF THE FORUM STATE IN PROTECTING ITS CITIZENS.
Against Wrongful Activity.
FAIR PLAY AND SUBSTANTIAL JUSTICE.
Unreasonable Burden on Defendant in Defending Claim.
Severe Disadvantage.
Judicial Determination.
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CIVIL PROCEDURE
TERMINATION OF A CLAIM
WITHOUT A TRIAL
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CIVIL PROCEDURE
TERMINATION OF A CLAIMWITHOUT A TRIAL
VOLUNTARY DISMISSAL.
Plaintiff May Voluntarily Dismiss Claim Before Defendant Answers, and Claim
Will Be Dismissed Without Prejudice.
DEFAULT JUDGMENT.
Defendant Fails to Respond to Complaint Within Twenty Days After Service of
Process.
FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE
GRANTED / DEMURRER.
Defendant May Move to Dismiss Prior to Filing Answer to Complaint.
Allegations of Plaintiff are Considered True.
Plaintiff Could Not Possibly Win Claim.
Plaintiff May Be Given Opportunity to Amend Complaint.
No Interlocutory Appeals are Allowed.
If Evidence is Presented, May Be Treated as a Summary Judgment.
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CIVIL PROCEDURE
TERMINATION OF A CLAIM
WITHOUT A TRIAL, con’t
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CIVIL PROCEDURE
TERMINATION OF A CLAIM WITHOUT A TRIAL, con’t
JUDGMENT ON THE PLEADINGS.
Same as a Motion for Failure to State a Claim, Except it is Filed
After Defendant Has Filed Their Answer to the Complaint.
SUMMARY JUDGMENT.
Movant Presents Affidavits / Evidence / Fruits of Discovery.
Non-Movant May Not Rely on Pleadings, But Must Also Submit
Affidavits / Evidence / Fruits of Discovery.
Construed in Light Most Favorable to Non-Movant.
GRANTED FOR MOVING PARTY WHERE:
No Genuine Issue of Material Fact.
Moving Party is Entitled to Judgment as a Matter of Law.
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CIVIL PROCEDURE
PARTIES
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CIVIL PROCEDURE
PARTIES
REAL PARTY IN INTEREST.
PERMISSIVE JOINDER OF PARTIES.
PLAINTIFF OR DEFENDANT.
CLAIMS MUST ARISE OUT OF SAME TRANSACTION OR OCCURRENCE AS ORIGINAL CLAIM.
CLAIMS MUST RAISE AT LEAST ONE COMMON QUESTION OF FACT OR LAW.
SUBJECT MATTER JURISDICTION MUST BE SATISFIED.
PREVENTS MULTIPLICITY OF LAWSUITS.
COMPULSORY JOINDER.
NECESSARY OR INDISPENSIBLE PARTY. Needed for Just Adjudication.
MUST BE JOINED WHERE: Complete Relief Cannot be Given Without Their Presence, Multiple Lawsuits
May Result, Final Determination of the Lawsuit may Impair Their Ability to Protect Their Interest, or Their
Absence Exposes Existing Parties to Risk of Multiple Obligations.
JOINDER NOT FEASIBLE.
MAY NOT DESTROY DIVERSITY OR VENUE. Court Must Decide Whether in Equity and Good Conscious
the Action Should Proceed.
FACTORS: Alternative Forums for Full Joinder, Likelihood of Harm, Whether Court Can Shape Relief,
Whether Plaintiff Would be Deprived of an Adequate Remedy.
MISJOINDER AND NONJOINDER.
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CIVIL PROCEDURE
PARTIES, con’t
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CIVIL PROCEDURE
PARTIES, con’t
IMPLEADER.
THIRD-PARTY DEFENDANT.
CLAIM MUST BE DERIVATIVE.
PLAINTIFF MAY IMPLEAD IF NEW CLAIM ARISES
OUT OF SAME TRANSACTION, CONDUCT OR
OCCURRENCE.
SUBJECT MATTER JURISDICTION.
DEFENANT MAY IMPLEAD AS OF RIGHT NOT
LATER THAN TEN DAYS AFTER SERVICE OF
ANSWER, OTHERWISE, PERMISSION OF COURT.
BULGE RULE.
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CIVIL PROCEDURE
PARTIES, con’t
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CIVIL PROCEDURE
PARTIES, con’t
INTERVENTION.
ABSENTEE MAY JOIN A PENDING SUIT AS PLAINTIFF OR
DEFENDANT.
TIMELY MOTION FOR INTERVENTION.
AS OF RIGHT. Claims an Interest in Property or Transaction, Their
Interest Not Adequately Represented, and Their Interest May be Harmed.
PREMISSIVE INTERVENTION. Court's Discretion, Party has a Claim or
Defense with at Least One Common Question, and New Party has
Independent Subject Matter Jurisdiction.
INTERPLEADER.
STAKEHOLDER. Money or Property.
Forces All Potential Claimants into a Single Lawsuit.
Prevents Multiplicity of Suits and Possibility of Inconsistent Results.
RULE INTERPLEADER. Must Satisfy Subject Matter Jurisdiction.
STATUTORY INTERPLEADER / SECTION 1335. Liberal Subject Matter
Jurisdiction.
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CIVIL PROCEDURE
CLASS ACTIONS
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CIVIL PROCEDURE
CLASS ACTIONS
CLASS ACTIONS.
NUMEROSITY.
COMMONALITY.
TYPICALITY.
REPRESENTATION.
BINDING JUDGMENTS.
TYPES OF CLASS ACTION CLAIMS.
INJUNCTION OR DECLARATORY
RELIEF.
PREJUDICE.
DAMAGES.
NOTICE.
OPTING OUT.
SUBJECT MATTER JURISDICTION.
Federal Question or Diversity of Citizenship.
DIVERSITY. Representatives Must Show Full
Diversity.
AMOIJNT IN CONTROVERSY. Traditional
Rule is Every Member Must Claim More Than
$75K, Modern Trend is Only Representatives.
SETTLEMENT.
APPROVAL BY COURT.
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CIVIL PROCEDURE
PRE-TRIAL CONFERENCES
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CIVIL PROCEDURE
PRE-TRIAL CONFERENCES
PRE-TRIAL CONFERENCES.
PURPOSES. Expedite Disposition, Establish Control, Discourage Wasteful Activity, Amend
Pleadings, Eliminate Frivolous Claims, Rule in Advance on Admissibility of Evidence,
Improve Quality through Preparation, Facilitate Settlement and Just, Speedy, Inexpensive
Disposition of the Action.
SCHEDULING ORDER.
AFTER CONFERENCE. Controls Course of Action, Unless Court Modifies for Good Cause.
FINAL PRE-TRIAL ORDER.
TRIAL PLAN.
MUST BE ATTENDED BY AT LEAST ONE ATTORNEY FOR EACH SIDE.
COURT MAY MODIFY TO PREVENT MANIFEST INJUSTICE.
SANCTIONS.
UPON MOTION, OR ON ITS OWN, COURT MAY ISSUE SANCTIONS ON ATTORNEY
OR PARTY FOR:
Failure to Appear at Any Pre-Trial Conference, Lack of Preparation for Any Pre-Trial
Conference, Lack of Participation at Any Pre-Trial Conference, Fail to Obey a Court Order.
SANCTIONS.
Fees Incurred Due to Non-Compliance, Unless Substantially Justified or Unjust.
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CIVIL PROCEDURE
PRECLUSIVE EFFECT
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CIVIL PROCEDURE
PRECLUSIVE EFFECT
PRECLUSIVE EFFECT OF
PRIOR ADJUDICATION.
RES JUDICATA.
CLAIM PRECLUSION.
SAME PARTIES.
FINAL JUDGMENT ON THE
MERITS.
SAME CAUSE OF ACTION.
MERGER AND BAR.
COLLATERAL ESTOPPEL.
ISSUE PRECLUSION. Issue of Fact or Law.
FINAL JUDGMENT ON THE MERITS.
REASONABLY NECESSARY TO SUPPORT
JUDGMENT.
FINAL JUDGMENT.
FULL AND FAIR OPPORTUNITY TO LITIGATE.
MUTUALITY. Not Always Followed, Modernly,
Non-Original Parties May Assert Offensively or
Defensively. Factors Considered: Full and Fair
Opportunity to Litigate Original Claim, Foreseeability
of Multiple Claims, Foreseeable Joinder, Inconsistent
Judgments.
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CIVIL PROCEDURE
THE ERIE DOCTRINE / APPLICABLE LAW
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CIVIL PROCEDURE
THE ERIE DOCTRINE / APPLICABLE LAW
THE ERIE DOCTRINE.
AVOID INEQUITABLE ADMINISTRATION OF LAWS.
IN DIVERSITY CASES:
Federal Court Must Apply State Substantive Law.
Federal Court Must Apply Federal Procedural Law.
Not Applicable to Federal Common Law.
NO CONTROLLING FEDERAL LAW.
Where There is No Controlling Federal Procedural Law, the
Judge May Use a Federal Rule Only Where it is Not
Substantive. Factors That Help Determine if a Law is
Substantive, Include:
OUTCOME DETERMINATIVE.
DETERMINATION OF APPLICABLE STATE LAW.
BALANCING OF INTERESTS.
FORUM SHOPPING.
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CIVIL PROCEDURE
DISCOVERY
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CIVIL PROCEDURE
DISCOVERY
SCOPE OF DISCOVERY.
RELEVANT INFORMATION.
ATTORNEY WORK-PRODUCT RULE / PRIVILEGE.
Mental Impressions, Conclusions, Opinions and Legal Theories of Attorney
Are Always Protected.
WORK PRODUCT. Work Prepared in Anticipation of Litigation by Party or
Agent, is Not Discoverable.
EXCEPTION. Substantial Need, and Cannot Obtain Materials without
Undue Hardship.
REQUIRED DISCLOSURE.
INITIAL DISCLOSURE.
DUTY TO SUPPLEMENT.
EXPERTS. Written Report.
PRE-TRIAL. Trial Evidence.
DISCOVERY CONFERENCES.
PARTIES. Consider Claims and Defenses, Settlement, Mandatory
Disclosure, and Develop Proposed Discovery Plan.
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CIVIL PROCEDURE
DISCOVERY TOOLS
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CIVIL PROCEDURE
DISCOVERY TOOLS
DISCOVERY TOOLS.
MUST BE SIGNED BY ATTORNEY. Under Oath is Substantive Material.
NO WRONGFUL PURPOSE. Harassment, Unnecessary Delay, Needlessly
Increase Cost of Litigation.
DEPOSITIONS.
IN-PERSON QUESTIONING WITH ATTORNEYS PRESENT.
ORAL OR WRITTEN.
UNDER OATH.
NOTICE MUST BE PROPERLY SERVED.
NON-PARTY NOT REQUIRED TO ATTEND UNLESS SUBPOENAED.
AT TRIAL, CANNOT OBJECT TO EVIDENTIARY QUESTION, THAT
COULD HAVE BEEN REMEDIED DURING A DEPOSITION.
TEN DEPOSITIONS, UNLESS COURT ORDER OR STIPULATION OF
PARTIES OTHERWISE.
USED TO IMPEACH AT TRIAL.
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CIVIL PROCEDURE
DISCOVERY TOOLS, con’t
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CIVIL PROCEDURE
DISCOVERY TOOLS, con’t
REQUESTS TO PRODUCE.
REVIEW AND COPYING OF DOCUMENTS OR THINGS, OR PERMIT ENTRY ON
PROPERTY FOR INSPECTION.
RESPONSES MUST BE MADE WITHIN THRITY DAYS.
INTERROGATORIES.
QUESTIONS TO ANOTHER PARTY IN WRITING, WITH RESPONSE IN WRITING.
UNDER OATH.
RESPONSES MUST BE MADE WITHIN THRITY DAYS.
TWENTY-FIVE UNLESS COURT ORDER OR STIPULATION OTHERWISE.
PHYSICAL OR MENTAL EXAMINATION.
NEED COURT ORDER.
NEED TO SHOW THAT THE HEALTH OF A PARTY IS IN ACTUAL CONTROVERSY,
AND THE INFORMATION IS NOT AVAILABLE IN ANOTHER PLACE.
PERSON EXAMINED MAY OBTAIN REPORT UPON REQUEST, BUT MAY WAIVE
DOCTOR-PATIENT PRIVILEGE.
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CIVIL PROCEDURE
DISCOVERY TOOLS, con’t
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CIVIL PROCEDURE
DISCOVERY TOOLS, con’t
REQUESTS FOR ADMISSION.
REQUEST TO ANOTHER PARTY TO ADMIT THE TRUTH OF A DISCOVERABLE MATTER.
FAILURE TO DENY IS ADMISSION.
RESPONSES MUST BE MADE WITHIN THRITY DAYS.
ENFORCEMENT OF DISCOVERY AND SANCTIONS. FAILURE TO PRODUCE
MATERIALS.
PARTY FAILING TO PRODUCE MAY SEEK PROTECTIVE ORDER IF DISCOVERY IS
OVERLY BURDENSOME, OR TRADE SECRETS ARE INVOLVED.
SANCTIONS TO COMPEL DISCOVERY.
Court Order to Produce Discovery Materials, and Provide Costs to Other Party.
FAILURE TO COMPLY WITH COURT ORDER.
Court May Impose Establishment Order Declaring Facts Requested as True, and Striking the
Pleadings of Withholding Party. If Bad Faith, Court May Dismiss Claim, or Enter Default
Judgment, and Party May be Held in Contempt of Court. Attorney May be Liable if They Advised
Client to Participate in Wrongful Activity.
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Gould's Bar Examination Flash Card Webinar Series
CIVIL PROCEDURE
TRIALS AND APPEALS
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CIVIL PROCEDURE
TRIALS AND APPEALS
JURY TRIAL.
Demand Must be Made Within Ten Days After Service of Last Pleading Raising a
Triable Issue for a Jury.
SEVENTH AMENDMENT. Allows Jury Trials for Actions at Law.
ACTIONS AT EQUITY. No Jury Trials.
BIFURCATED. For Cases Involving Issues of Both Law and Equity.
JURY SELECTION / Voir Dire.
UNLIMITED STRIKES FOR CAUSE.
THREE PRE-EMPTORY STRIKES.
MOTION FOR JUDGMENT AS A MATTER OF LAW / DIRECTED VERDICT.
REASONABLE PEOPLE COULD NOT DISAGREE.
COURT TAKES AWAY FROM JURY AND ISSUES DIRECTED VERDICT.
EVIDENCE CONSTRUED IN LIGHT MOST FAVORABLE TO NON-MOVING
PARTY.
Plaintiff Moves at Close of All Evidence, and Defendant Moves at Close of Plaintiff's
Evidence or at Close of All Evidence.
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Gould's Bar Examination Flash Card Webinar Series
CIVIL PROCEDURE
TRIALS AND APPEALS, con’t
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CIVIL PROCEDURE
TRIALS AND APPEALS, con’t
RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW.
Formerly Called Judgment Notwithstanding the Verdict.
FILED BY LOSING PARTY. Must Have Filed Original Motion for Judgment as a Matter
of Law, or Barred From Asserting a Renewed Motion.
NOT LATER THAN TEN DAYS AFTER ENTRY OF JUDGMENT.
IF GRANTED, THEN REVERSAL.
REVERSAL IS PROPER WHERE: Reasonable People Could Not Disagree on the
Result, and Evidence Construed in the Light Most Favorable to the Non-Moving Party.
MOTION FOR A NEW TRIAL.
FILED NOT LATER THAN TEN DAYS AFTER ENTRY OF JUDGMENT.
GRANTED WHERE ERRORS AT TRIAL REQUIRE NEW TRIAL.
SUFFICIENT ERROR. Prejudicial Misconduct of Party or Juror, Prejudicial Evidentiary
Hearing, Incorrect Jury Instructions, New Evidence, Inadequate or Excessive Verdict, or
Judgment Against the Weight of Evidence.
HARMLESS ERROR. Error in Admission of Exclusion of Evidence Not Enough to
Grant a New Trial, Set Aside a Verdict, or Otherwise Disturb a Judgment or Order, Unless
Inconsistent with Substantial Justice or Rights of the Parties.
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CIVIL PROCEDURE
TRIALS AND APPEALS, con’t
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CIVIL PROCEDURE
TRIALS AND APPEALS, con’t
APPEAL.
FINAL JUDGMENT RULE. Losing Party May Appeal.
INTERLOCUTORY REVIEW. Occurs Before Final Judgment on Merits
For Injunctions, Receivers, Patent Infringement, Property.
INTERLOCUTORY APPEALS ACT. Appeal of Non-Final Order Proper
when there is a Controlling Issue of Law, and Substantial Grounds for
Differences of Opinion.
COLLATERAL ORDER RULE.
Appellate Court has Discretion to Hear and Rule on an Issue, if the Issue is
Distinct from the Merits of the Action, There is an Important Legal
Question Raised, and it is Not Reviewable Except After a Final
Determination on the Merits of the Action.
EXTRAORDINARY WRIT. Appellate Court May Order a Trial Court to
Make or Vacate an Order to Enforce a Clear Legal Duty, and Appellate
Court May Review Orders Granting or Denying Class Actions within Ten
Days of Order.
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.