Discovery Scope of Discovery: (Rule 26 (b)(1)) The scope of discovery, in general, is that parties may obtain discovery of any

non-privileged matter that is relevant to any partys claim or defense as long as the discovery request appears reasonable calculated to lead to the finding of admissible evidence. For good cause, the court should grant discovery of any matter that is related to the subject matter of the action. In addition, each party is required to make initial disclosures to the other parties of the follo ing! The name and, if kno n, the address and phone numbers of each individual hom it may use to support its claims or defense" a copy or description of all documents in its possession that it may use to support its claims or defenses, a computation of the damages the party is claiming" and any insurance agreement that might cover the claim.

#iscovery $%ule &'(

)arties may obtain discovery regarding any nonprivileged matter that is relevant to any partys claim or defense * including the e+istence, description, nature, custody, condition and location of any documents or other tangible things and the identity and location of persons ho kno of any discoverable matter. %elevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.

In general, each party is required to make initial disclosures to the other parties of the follo ing! the name and, if kno n, the address and phone numbers of each individual hom it may use to support its claims or defenses, a copy or description of all documents in its possession that it may use to support its claims or defenses, a computation of the damages the party is claiming, and any insurance agreement that might cover the claim.

, party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. Further, the court may impose an appropriate sanction on a person ho impedes, delays, or frustrates the fair e+amination of the deponent.

Further, the court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or e+pense.

Interlocutory Appeal Interlocutory Appeal ,n interlocutory appeal is an appeal of a trial court made before the final judgment is entered. The -ollateral .rder #octrine! -ontrols hen appeals may be made absent a final judgment. The order may be revie ed interlocutory, but only if! $/( it conclusively determines the disputed question, and $&( resolves an important issue completely separate from the merits of the action, and $0( the issue ould other ise be effectively unrevie able on appeal from a final judgment. Interlocutory ,ppeal &1 23- /&4& Interlocutory appeals are appellate court revie s hile litigation is ongoing of a prior interim order issued by a district court. They are invoked by a writ of mandamus They are proper hen a case involves a controlling question of la as to hich there is substantial ground for difference of opinion and that an immediate appeal from the order may advance the ultimate end of litigation. #istrict court must certify and appellate court must agree.

!laim "reclusion !laim "reclusion (res #udicata) -laim )reclusion is designed to impel parties to consolidate all closely related matters into one suit. -laim preclusion states, generally, that a final judgment on a claim or cause of action ill preclude reassertion of that claim or -., in a subsequent action bet een the same parties or those in privity ith a party. In order for -) to apply, the prior suit must have proceeded to its final judgment on the merits, the subsequent suit must have arisen out of the same transaction and occurrence as the prior suit and the parties have to be the same or in privity. This is designed to promote judicial efficiency and inconsistency in successive judgments -laim )reclusion $res judicata(

,n action is barred by claim preclusion or res judicata hen $/( the claim is based on the same transaction or occurrence or series of transactions or occurrences as the original claim, $&( that could have been but as not brought ith the original claim, $0( there is mutuality $or privity( of parties, and $5( the original $final( judgment as 6on the merits,7 fully, and fairly litigated, and the parties ere properly incentivi8ed to litigate.

Issue "reclusion Issue "reclusion (collateral estoppel) Issue preclusion precludes an issue from being litigated. In order for an issue to be precluded the issue needs to have been identical, it needs to have actually been litigated, it must be essential to the outcome of the case, and the party against hom the issue preclusion is sought must have had a fair and full opportunity to litigate the issue. If all these requirements are met then there can be non mutual collateral estoppel $offensive and defensive(. The identical issue ,ctually litigated $dismissals with prejudice for failure to comply with a court order, that dismal has preclusive effect( 9ust have been essential to the outcome of the case Full and fair opportunity to litigate $goes to the degree to hich the defendant is incentavi8ed to litigate( :on mutual collateral estoppel, that just means that one party is seeking to force another party to adhere to a judgment rendered against that party in a prior litigation o , v. # o ;erdict in favor of ,, finding # negligent o < v. # o < seeks to preclude # from introducing any evidence on the issue of #s negligence. # is precluded. .ffensive non mutual collateral mutual

o #efensive non-mutual collateral estoppel is hen # is found to have :.T been negligent o < v. # * < does not have a full and fair opportunity to litigate, he might be able to prove # as negligent #efensive non mutual collateral estoppel is allo ed but e+tremely rare

Issue )reclusion $collateral estoppel(

Issue preclusion involves an issue of fact or la actually litigated and determined by a valid and

final judgment, here the determination as essential to the judgment, and the party burdened ith issue preclusion has had a full and fair opportunity to litigate. 9utuality is not a requirement. There are t o types of non-mutual issue preclusion! offensive non-mutual collateral estoppel and defensive non-mutual collateral estoppel. $on%mutual offensive collateral estoppel allo s a plaintiff ho as not a party to the original suit to hold judgment against the defendant in the original suit. The defendant must have had a full and fair opportunity to litigate. , defendant ho has been previously sued for a minor or inconsequential damage a ard may not have been fully incentivi8ed to litigate. $on%mutual defensive collateral estoppel allo s a defendant ho as a party to the original suit to use the prior judgment defensively against an attack by a ne plaintiff. %elief from =udgment .rder $9>F=%%( %ule '?b (b) &rounds for Relief from a 'inal (ud)ment* +rder* or "roceedin) .n motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the follo ing reasons! mistake, ne ly discovered evidence that could have been discovered in time to move for ne trial, fraud, judgment is void, based on an earlier judgment that has been reversed, any other reason that justifies relief. This motion must be filed no more than a year after the entry of the judgment or order or the date of the proceeding. This rule does not limit a courts po er to entertain an independent action to relieve a party form a judgment, order, or proceeding.

(oinder of "arties ,"ermissive-!ompulsory. =oinder "ermissive #oinder of parties, a party may be joined if each of their claims arose out of the same transaction and occurrence and there are common questions of la and fact. T&O + CQ = Permissive joinder of parties

!ompulsory #oinder of parties* occurs here $/( in the persons absence, the court cannot accord complete relief among e+isting parties" or $&( if that person claims an interest relating to the subject of the action and that persons absence ill impair or impede their ability to protect that interest or ill leave an e+isting party subject to multiple or inconsistent judgments. "ermissive (oinder of "arties (Rule 2/) , party may be joined if they assert any right to relief /. jointly, severally,

&. or arising out of the same transactions or occurrences, 0. and any question of la or fact common to all plaintiffs !ompulsory (oinder of "arties (Rule 10) 3o long as the person can be served ith process and does not deprive the court of smj+, the party must be joined if! /( in that persons absence, the court cannot accord complete relief, .% &( person claims an interest and the persons absence may, a( impair or impede the ability to protect that interest" .% b( leave others subject to inconsistent obligations

(oinder of (!ounter)!laims ,"ermissive-!ompulsory. "ermissive #oinder of claims allo s a party to join as many claims as they have against the opposing party, the claims do not have to be related.

!ompulsory #oinder of claims arises hen the claims arise out of the same transaction and occurrence and, under the doctrine of former adjudication, failure to bring those claims ill result in preclusion. T&O "ermissive (oinder of !laims (Rule 11) , party asserting a claim, counterclaim, cross-claim, or third party claim may join as many claims as it has against an opposing party hether they are related or not !lass Actions !2ASS A!3I+$@most likely ill be its o n hypo on the e+am $like >rie( , class action permits one or more members of a class of persons similarly situated to sue or be sued on behalf of all members of that class. ,ccording to the F%-), in order to be certified as a class action, four requirements must be met. The first requirement, numerosity, is met if the class members are so numerous that joining them as individuals is impracticable. The second requirement, commonality, is met if there are question of la or fact common to the class. The third requirement, typicality, is established if the claims or defenses of the representative parties are typical of the class. The final requirement, ade4uacy of representation, is met if the representative parties ill fairly and adequately protect the interests of the class and the counsel has enough resources to competently handle the case. ,dditionally, if all four requirements are met a class action may be maintained if the litigation fits into one of three categories. The first category &0$b($/( is basically a class interpleader here

the court finds that separate, individual adjudications ould establish incompatible standards of conduct for the defendant or substantially impair the other class members. The second category &0$b($&( is that injunctive or declaratory relief is most appropriate for the class as a hole. The third category &0$b($0( is here the court finds the plaintiffs aggregated claims to be a more economically viable ay to litigate. For this category the court must find that questions of la or fact common to the class members predominate and that the class action is a superior ay to manage the case. :umerosity $number so great, you cant join Typicality -ommonality ,dequacy of representation $both the )s are in position to prosecute and that counsel has enough resources to competently handle the case(

&0$b($/( * <asically a class interpleader, single piece of property that all the class members claim a stake in &0$b($&( * Injunctive relief $think civil rights cases( &0$b($0( * here the )s aggregate the claims to make it economically viable ay to litigate $mass torts( o Further requirement that the class action is a superior ay to manage the case and that common questions of la and fact predominant

!lass Actions , person ho is a member of a representative class may sue on behalf of all of the members only if there is! o :umerosity! The class members are so numerous that joining them ould be impractical o -ommonality! There are questions of la or fact common to the class o Typicality! >stablished in the claims or defenses of the representative parties are typical of the class o ,dequacy of %epresentation! The representative parties ill fairly and adequately protect the interests of the class and the counsel has enough resources to competently handle the case The litigation must fit into one of three categories! o &0$b($/(! , class interpleader that ould other ise substantially impair the other class members o &0$b($&(! Injunctive or declaratory relief is most appropriate for the class as a hole Aenerally used to enforce civil rights

o &0$b($0(! -ommonalities of la and fact predominate and this is a superior ay to manage the case $economically( Typically mass tort claims )ersons in this class must receive notice and the ability to opt out -lass ,ction Fairness ,ct! $defendant trying to remove(