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Table Of Contents

ANSWER
Answering a complaint
What must an answer contain?
Defenses
Rule 12
(1) lack of subject-matter jurisdiction;
(6) failure to state a claim upon which relief can be granted;
(7) failure to join a party under Rule 19
(g) JOINING MOTIONS
(h) WAIVING AND PRESERVING CERTAIN DEFENSES
NOTES:
Rule 12(b) motions (not considered a pleading under rule 7)
Consequences of Challenging a Pleading
Successful Challenge
Unsuccessful Challenge
Rule 11: SANCTIONS
1.Certified Requirement:
3.Sanctions
5.Procedure
Statute of limitations and relating back
Relation back of amendments
Rule 18: JOINDER of CLAIMS
Rule 20: JOINDER of PARTIES (Who May be Joined)
Rule 20. Permissive Joinder of Parties
Policy
Rule 13: COUNTERCLAIMS and CROSSCLAIMS (for defendants)
(g) CROSSCLAIM AGAINST A COPARTY
Rule 14: THIRD PARTY PRACTICE
Policy:
Rule 19: REQUIRED JOINDER of PARTIES
Necessary Parties Nonnecessary Parties
HOLDING:
Rule 26/37: DISCOVERY
What is Discovery
Rules to the fight of discovery:
REQUIRED DISCLOSURES
26(a)(1) INITIAL DISCLOSURES
26(b) SCOPE OF DISCOVERY and LIMITS
(3) Trial Preparation: Materials – Work Product
CASE: Hickman v. Taylor (Work Product)
(c) PROTECTIVE ORDERS
Good Cause Req:
(e) MUST SUPPLEMENT/CORRECT DISCLOSURES AND RESPONSES
37(a) FAILURE to MAKE DISCLOSURES; SANCTIONS
(5) Payment of Expenses; Protective Orders
OR TO ADMIT
A party is entitled to demand the discovery of any matter that:
Work Product HYPOS
DISCOVERY Hypos
Discovery Problems:
Rule 56: SUMMARY JUDGMENT
MY RULE:
1. Has the moving party made a sufficient initial showing?
2. Was the opposing party given notice and an opportunity to respond?
3. Is there a triable issue?
2. Pleadings and Motions Compared
Timing
Nature of material considered
Summary judgment may be more difficult to obtain
Trend Favoring Use of Summary Judgment - I heart SJ
BURDEN of PRODUCTION - initial showing requirement
(1) Opposing party with burden
(2) Distinguish-moving party with burden
Standard for Grant of Summary Judgment
1. Basic Standard
2. Relation to Standard for Judgment as a Matter of Law
Procedure 1.Initial Showing
(1) Moving party with burden of proof
(2) Moving party without burden of proof
(b) Current view - CELOTEX
1) Mere conclusory assertion
2) Initial responsibility of informing court of basis for motion
3) Prima facie showing
1) Affirmative evidence that negates an element - ADICKES Case:
2) Insufficient Evidence - CLEOTEX Case:
b. Opposing party's burden
(1) If Initial showing not made
(a) No advance determination of sufficiency of initial showing
(b) Attacking showing
(2) Initial showing made
Bias Case: - court granted SJ
Type of Evidence Content (what does it prove) Admissible?
Trial By JURY
Pro-Jury Con-Jury
Holding:
Hypotheticals
Denials
Joinder
Joinder of parties
Complex joinder
Compulsory joinder – Rule 19
Discovery – Rules 26-37
A hypothetical
Privilege
Disclosures
The intersection between Rules 37 and 26
Discovery disputes
Resolution without trial
Summary judgment – Rule 56
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Civil Procedure Outline - Semester 1

Civil Procedure Outline - Semester 1

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Published by Lauren C Walker

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Published by: Lauren C Walker on Apr 04, 2011
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02/26/2013

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