Civil Procedure - Bar Prep -Solved Graded A+
6-12 - ANSWER-number of jurors for a federal civil jury
12B Defenses - ANSWER-are affirmative
1. Lack of SMJ
2. Lack of PJ
3. Improper Venue
4. Improper process
5. Improper service of process
6. Failure to state a claim
7. Failure to join an indispensable party
12b6 motion - ANSWER-Motion to dismiss for failure to state a claim that can be
brought by either party
12E - Motion for a More Definite Statement - ANSWER-motion filed because the
complaint is so vague or ambiguous that D cannot respond; this motion must be
made before an answer
12F Motion to Strike - ANSWER-asks the court to remove redundant or immaterial
things from pleadings; any party may move for this
14 days - ANSWER-Days D has to file if 12b6 motion is denied
14 days after 26F conference - ANSWER-Timing for when parties must submit their
agreed discovery plan to the court
14 days; extendable to 28 - ANSWER-Permitted length of a TRO; cannot be
extended for any reason past 28 days
21 days before scheduling order - ANSWER-Timing for when parties must have their
26F conference
21 days of serving answer - ANSWER-Defendant has a right to amend her answer
once within this number of days
21 days of serving complaint - ANSWER-Plaintiff has a right to amend her complaint
once within?
, 25 (including subparts) - ANSWER-Maximum number of interrogatories a party has
to answer
26F conference - ANSWER-Conference at which both parties come to an agreed
discovery plan that is presented to the court
30 days (interrogatories) - ANSWER-Number of days the party has to respond to
interrogatories with either answers or objections
30 days after close of discovery - ANSWER-Timing for when a motion for summary
judgment can be filed
30 days from entry of judgment - ANSWER-Timing requirement for notice of
appeals
30 days of service - ANSWER-Number of days the party has to respond to request
for admission with either answers, denials, or specific objections
90 Days - ANSWER-Days plaintiff has to serve defendant with complaint:
100 miles - ANSWER-furthest a non-party can be required to travel to give a
deposition
Absolute work product - ANSWER-Work product that cannot be discovered because
it documents:
1. Mental impressions,
2. Opinions,
3. Conclusions, and
4. Legal theories.
Additur - ANSWER-Playing hardball with D. After finding that a damage figure
shocks the conscience, the court gives D a choice: pay a greater amount of
damages or go through a new trial.
Adverse inflerence - ANSWER-Permits the judge to tell the jury to presume lost ESI
was unfavorable to the party who lost the ESI if they did so with the intent to
deprive the jury of the ESI
After the other side is heard at trial - ANSWER-When can a motion for JMOL be
made?
After trial - ANSWER-When can a renewed motion for JMOL can be made?
Aggregation of claims - ANSWER-A plaintiff can aggregate claims if (1) the case is
one P against one D or (2) if P sues joint tortfeasors.
All class members who did not opt out - ANSWER-who is bound by the judgment of
the certified class action
6-12 - ANSWER-number of jurors for a federal civil jury
12B Defenses - ANSWER-are affirmative
1. Lack of SMJ
2. Lack of PJ
3. Improper Venue
4. Improper process
5. Improper service of process
6. Failure to state a claim
7. Failure to join an indispensable party
12b6 motion - ANSWER-Motion to dismiss for failure to state a claim that can be
brought by either party
12E - Motion for a More Definite Statement - ANSWER-motion filed because the
complaint is so vague or ambiguous that D cannot respond; this motion must be
made before an answer
12F Motion to Strike - ANSWER-asks the court to remove redundant or immaterial
things from pleadings; any party may move for this
14 days - ANSWER-Days D has to file if 12b6 motion is denied
14 days after 26F conference - ANSWER-Timing for when parties must submit their
agreed discovery plan to the court
14 days; extendable to 28 - ANSWER-Permitted length of a TRO; cannot be
extended for any reason past 28 days
21 days before scheduling order - ANSWER-Timing for when parties must have their
26F conference
21 days of serving answer - ANSWER-Defendant has a right to amend her answer
once within this number of days
21 days of serving complaint - ANSWER-Plaintiff has a right to amend her complaint
once within?
, 25 (including subparts) - ANSWER-Maximum number of interrogatories a party has
to answer
26F conference - ANSWER-Conference at which both parties come to an agreed
discovery plan that is presented to the court
30 days (interrogatories) - ANSWER-Number of days the party has to respond to
interrogatories with either answers or objections
30 days after close of discovery - ANSWER-Timing for when a motion for summary
judgment can be filed
30 days from entry of judgment - ANSWER-Timing requirement for notice of
appeals
30 days of service - ANSWER-Number of days the party has to respond to request
for admission with either answers, denials, or specific objections
90 Days - ANSWER-Days plaintiff has to serve defendant with complaint:
100 miles - ANSWER-furthest a non-party can be required to travel to give a
deposition
Absolute work product - ANSWER-Work product that cannot be discovered because
it documents:
1. Mental impressions,
2. Opinions,
3. Conclusions, and
4. Legal theories.
Additur - ANSWER-Playing hardball with D. After finding that a damage figure
shocks the conscience, the court gives D a choice: pay a greater amount of
damages or go through a new trial.
Adverse inflerence - ANSWER-Permits the judge to tell the jury to presume lost ESI
was unfavorable to the party who lost the ESI if they did so with the intent to
deprive the jury of the ESI
After the other side is heard at trial - ANSWER-When can a motion for JMOL be
made?
After trial - ANSWER-When can a renewed motion for JMOL can be made?
Aggregation of claims - ANSWER-A plaintiff can aggregate claims if (1) the case is
one P against one D or (2) if P sues joint tortfeasors.
All class members who did not opt out - ANSWER-who is bound by the judgment of
the certified class action
