Civil Procedure – Bar Exam Prep
Questions and Answers
Notice of Process - ANSWER-Summons and Complaint
90 Days - ANSWER-Days plaintiff has to serve defendant with complaint:
Substituted Service - ANSWER-Acceptable for someone who lives in same abode:
1. is at defendant's usual abode
2. Substitute is a suitable age and discretion
Service upon Agent - ANSWER-Acceptable if accepting service is within the scope of
the agency with the defendant
Service by mail or email - ANSWER-acceptable if permitted by state law
Service on minor or incompetent person - ANSWER-use any method permitted by state
law
Service in a foreign country - ANSWER-use a method allowed by international
agreement (Hague Convention); if no agreement:
1. as directed by US Courts
2. method allowed by foreign country's law
3. method directed by foreign official in response to to a letter of request (rogatory) from
US court
4. personal service in the foreign country (unless prohibited by law of the country)
5. mail sent by the clerk of the US court requiring signed receipt (unless prohibited by
the foreign country's law)
Factors for permitting amendment - ANSWER-Delay, futility, prejudice
Supplemental Pleading - ANSWER-raises claims/facts that have occurred AFTER the
initial pleading was filed
Rule 11 - ANSWER-applies to all documents except discovery and certifies that after
reasonable inquiry, they are not being filed for an improper purpose, legal contentions
are warranted by law and are not frivolous; and factual contentions and denials have
evidentiary support; violation of this rule is grounds for sanctions
, 21 days of serving complaint - ANSWER-Plaintiff has a right to amend her complaint
once within?
Rule 11 Safe Harbor - ANSWER-One party can serve the motion for Rule 11 sanctions
on the opposing party, and the opposing party then has 21 days to remedy the violation
before the party files the motion
Sua Sponte Rule 11 - ANSWER-permitted, but safe harbor rule does not apply
Claim Joinder - ANSWER-plaintiff can join any additional claim they like, even if the
additional claim is wholly unrelated to the original claim
Proper Ps and Ds - ANSWER-Claims:
1. arise from the same t/o; and
2. raise common questions
Necessary Absentees - ANSWER-Anyone who:
1. without A, the court cannot complete relief among existing parties (worried about
multiple suits); or
2. A's interest may be harmed if he is not joined (practical harm); or
3. A claims an interest that subjects a party (usually D) to a risk of multiple obligations
Joint Tortfeasors - ANSWER-Necessary joinder of parties does not apply to what types
of Ds?
Compulsory Counterclaim - ANSWER-arises from the same t/o as P's claim and unless
filed in this another case must be asserted here
Crossclaim - ANSWER-A claim against a co-party that arises from the same t/o as the
underlying action; not compulsory
Permissive Counterclaim - ANSWER-A claim that does not arise from the same t/o as
the plaintiff's claim; not required to file in this case, but may
SMJ for counterclaims - ANSWER-SMJ must be assessed for every additional claim
(either diversity or FQ)
Impleader - ANSWER-A defending party (usually D) is bringing in another party to the
case; typically a third party defendant (TPD)
Indemnity or contribution - ANSWER-Usually purpose of an impleader claim
Steps of Impleader - ANSWER-1. D files a third party complaint naming the TPD; and
2. Serve process on the TPD (so must have PJ over TPD).
Right to Impleader - ANSWER-Right to raise within 14 days of serving your answer
Questions and Answers
Notice of Process - ANSWER-Summons and Complaint
90 Days - ANSWER-Days plaintiff has to serve defendant with complaint:
Substituted Service - ANSWER-Acceptable for someone who lives in same abode:
1. is at defendant's usual abode
2. Substitute is a suitable age and discretion
Service upon Agent - ANSWER-Acceptable if accepting service is within the scope of
the agency with the defendant
Service by mail or email - ANSWER-acceptable if permitted by state law
Service on minor or incompetent person - ANSWER-use any method permitted by state
law
Service in a foreign country - ANSWER-use a method allowed by international
agreement (Hague Convention); if no agreement:
1. as directed by US Courts
2. method allowed by foreign country's law
3. method directed by foreign official in response to to a letter of request (rogatory) from
US court
4. personal service in the foreign country (unless prohibited by law of the country)
5. mail sent by the clerk of the US court requiring signed receipt (unless prohibited by
the foreign country's law)
Factors for permitting amendment - ANSWER-Delay, futility, prejudice
Supplemental Pleading - ANSWER-raises claims/facts that have occurred AFTER the
initial pleading was filed
Rule 11 - ANSWER-applies to all documents except discovery and certifies that after
reasonable inquiry, they are not being filed for an improper purpose, legal contentions
are warranted by law and are not frivolous; and factual contentions and denials have
evidentiary support; violation of this rule is grounds for sanctions
, 21 days of serving complaint - ANSWER-Plaintiff has a right to amend her complaint
once within?
Rule 11 Safe Harbor - ANSWER-One party can serve the motion for Rule 11 sanctions
on the opposing party, and the opposing party then has 21 days to remedy the violation
before the party files the motion
Sua Sponte Rule 11 - ANSWER-permitted, but safe harbor rule does not apply
Claim Joinder - ANSWER-plaintiff can join any additional claim they like, even if the
additional claim is wholly unrelated to the original claim
Proper Ps and Ds - ANSWER-Claims:
1. arise from the same t/o; and
2. raise common questions
Necessary Absentees - ANSWER-Anyone who:
1. without A, the court cannot complete relief among existing parties (worried about
multiple suits); or
2. A's interest may be harmed if he is not joined (practical harm); or
3. A claims an interest that subjects a party (usually D) to a risk of multiple obligations
Joint Tortfeasors - ANSWER-Necessary joinder of parties does not apply to what types
of Ds?
Compulsory Counterclaim - ANSWER-arises from the same t/o as P's claim and unless
filed in this another case must be asserted here
Crossclaim - ANSWER-A claim against a co-party that arises from the same t/o as the
underlying action; not compulsory
Permissive Counterclaim - ANSWER-A claim that does not arise from the same t/o as
the plaintiff's claim; not required to file in this case, but may
SMJ for counterclaims - ANSWER-SMJ must be assessed for every additional claim
(either diversity or FQ)
Impleader - ANSWER-A defending party (usually D) is bringing in another party to the
case; typically a third party defendant (TPD)
Indemnity or contribution - ANSWER-Usually purpose of an impleader claim
Steps of Impleader - ANSWER-1. D files a third party complaint naming the TPD; and
2. Serve process on the TPD (so must have PJ over TPD).
Right to Impleader - ANSWER-Right to raise within 14 days of serving your answer
