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4.) PLEADINGS RULES: A. Amendments, Rule 15a[20 days to amend pleadings if not responded to yet.

If responded, then ask for leave of court, only allowed once], b[amend by motion to court], c [relate back to original date of pleading as long as permitted by statute, related to original claim, mis-ID parties, and original C put ¨ on ntc of possible claims], B. Special Matters, Rule 9a-h[capacity, fraud, mistake, condition of mind, conditions, precedent, official documents & act, judgment from other jurisdictions, time and place, special damages, admiralty & maritime claims need to be stated w/ support], C. Form of Pleadings, Rule 10a[court, title of action, file #, type of pleading, and names of parties], b[separate paragraphs], c [can reference back to paragraph #]. D. Representations to the Court, Rule 11a [everything needs to be signed], b[signature means you are not filing for improper purpose, claim, defenses, allegations, and factual denials all have evidentiary or legal support] c[if 11 violated, mtn by adverse party or order can be made for costs and fees if improp doc not w/drawn in 21 days. 5.) JOINDER A. Claims: Rule 18[once you have a claim and you are bringing it in fed ct, you can bring as many claims against a opposing party. Rule 13a[related claim, will invoke 1367], b[unrelated claim, need 1331/1332], g[x-claim vs co-party.] B. Parties. Rule 20a[anyone can join if have claim arising out of same transaction], b[by ct discretion if same trans and some? of law or fact common in all party]. Rule 14[allows ( to bring in an outside if they are or may be liable for all or some of s claim against the (, properly impleaded=supp. J. Rule 19a[person needs to be joined b/c w/o them no complete relief or disposition will impede or impair, to protect interest and leave party to risk of multiple suits], b[if party not feasible, then court may decided to go on or dismiss. 4 factors p.50] Rule 24a interv [by right, need timely app, protectable int., disposition may impair ability to protect int., not adequately represented], b[permissive, timely app, claim/defense & main ? must have ? of law or fact in common, not unduly delay or pred.], c[serve mtn on parties w/ grounds, file mtn with ct, & answer C] Rule 22[two parties having claims vs 4 can be joined as (s. Need to meet SMJ, IPJ requires. Venue is 1391.] Statutory Interpleader §1335[min diversity, at least b/n 2 claimants, IPJ is nat¡¯l service of process ¡ì2361, venue is residence of one or more claimants ¡ì1397, $500 in contro.] 6.) COMPLAINT. rd rd Rule 7a[needs to be a complaint/answer, reply/counterclaim, answer/cross-claim, 3 party answer/3 party complaint], b1[orders to be made by motion in writing w/ grounds/relief. Rule 8a [claims need to have stmt 4 IPJ, why entitled to relief and relief sought.] 7.) PRE-T RIAL CONFERENCE: Rule 16b[scheduling order needs to be w/in 90 days after ¨¶s appearance and w/in 120 days after svc of complaint], c[subjects to be considered on p. 44, can always set up pretrial conference under (c)], f[failure to comply with scheduling order = orders under 37b2(B-D) 8.)PRE-ANSWER MOTIONS: A. Motion to Dismiss, Rule 12b motions[lack of smj, ipj, improper venue, insufficiency of process, insuff. of service of process, failure to state a claim, failure to join, e[motion for a more definite stmt when pleading is too vague to form a response], f [strike from pleadings for bad stuff], g [consolidate the defenses], h[if lack of IPJ, improper venue, insufficiency of process or service of process is not raised by mtn or answer, it is waived. Lack of SMJ can be raised at anytime. 12(b)(6-7) can be raised at trial, by mtn on pleadings, or by pleadings allowed under 7(a)] 9.) ANSWER: Rule 12a[ 20-60-90 to answer after being served], b[defs must be asserted in respve pleading or by mtn]

Involuntary Dismissal. expert witnesses to be used. Depositions. see p. ]. file an affidavit stating when and by what means complaint was filed ask for entry of default]. d[when judgment not on whole case. Sanctions a[motion to compel discovery. or discovery]. order continuance.] D. Summary Judgment. and will be limited if unreasonable. G. adverse party pays fees. by good faith efforts. including data & exhibits to be used by witness. Rule 55a[where the ¨ hasn¶t responded. b[discoverable items = anything relevant and not privileged to the claim or defense. B. Impleading other parties B. e[party who discloses is under duty to supp or correct by order of court if materials are incomplete or add¶l material is learned]. Rule 25a[court may order exam if mental or physical condition is in question] E. any way for discovery. Default Judgment. Rule 8b[requires the ¨ to admit or deny allegations he actually disputes]. Judgment on the Pleadings. Rule 41b[by ¨ to for failure to prosecute and will be an adjudication on the merits. if denied. Counterclaims. Subpoena Rule 45a(1)(c)[must appear and give testimony or access to docs in control] 11. depos and rogs may be limited by the court. order (120 days) A. e[supporting and opposing affidavits be made on personal knowledge. Failure to Make or Cooperate in Discovery. Document production. Rule 12c [can move court to make a judgment based on pleadings]. Don¶t need to if it¶s already being litigated or brought by a process by which the court cannot get IPJ over. moving party pays fees.] C. Interrogatories. b4 answer is served or MSJ. By court. cert it is done in good cause. 3 party . if discovery allowed. description by category and location of all docs used to support your claim. trial prep material will only be given if can¶t get w/out undue hardship. court may refuse app for judgment.] D. unless counterclaim has no independent jurisdictional basis]. d[any allegations not denied.) DISCOVERY: Rule 26a[need to provide initial disclosures w/in 14 days of 26(f) meeting re: people who have discoverable info. deemed admitted] C.A. court to decide what material facts exist]. Opposing party to MSJ can¶t just rely on the pleadings for its defense. Request for admissions D. if granted. b[judgment by default by clerk is done when the sum is certain or computable. and is w/out prejudice. court can refuse to allow party to support or oppose claims or defenses. docs. it needs to be done expressly. Physical Examinations. Rule 8c[need to set forth the aff defenses in your answer. By court. (21 days b4 scheduling order) (26(f)) Disclosures (14 days later) (26(a)) Sched. Affirmative defenses. party who cross-claimed or counterclaim. hold in contempt]. d[rule applies to . c[need to bring mtn 4 protective orders. B. Rule 26(a)(1)(b) [copy of. Rule 26(b)(4) [experts can be deposed]. and burden outweighs benefit. Voluntary Dismissal. Rule 33a[can ask 25 Qs w/out leave of court. but can be brought in any order. f[need to meet at least 21 days b4 scheduling conf to decided on discovery plan] The timeline: Comp. need to ask court if you want more]. Add¶l disclosures made at least 30 days b4 trial. c[can ask anything relevant to the case]. 27 for list] 10. Rule 56c[Saying no genuine issue of material fact]. computation of damages. will be limited by the terms of the court]. Need to come back with facts to oppose SJ]. need to give ntc of hearing 3 days prior and need to take into account and determine what damage is proper according to the evidence]. Rule 37.] E. d[can¶t get discovery b4 26f meeting. and all needs to be signed and filed with court]. c[can set aside the default for good rd cause]. Admissions &Denials. policy considerations under c(2). f[if affidavits unavailable by opposing party.-->answer (60 days) scheduling conf. if claiming privilege. g[ failure to participate in good faith = pay expenses and atty fees]. g[affidavits made in bad faith subject to court costs for the other party. b[if fail to obey. Rule 13a[need to state counterclaim to any claim if it arises out of the same transaction or occurrence. F. strike out parts of pleadings. setting forth admissible fact. Rule 41a[by . C.] 12. parties added after 26f meeting have 30 days to comply.) PRE-T RIAL MOTIONS: A.) T RIAL: .

space.e. origin. Elements: (1) Identical issues. Transaction or series are closely related in time. (2) actually litigated and determined. ¨ who cross-claimed against a co-¨. c. 4.e. st st 3. (4) Valid. or petitioner¶s claim/defense is transitionally related to the main action. 1367 Impleader Analysis: 1)properly impleaded? is or may be liable under 14(a) 2)if 3rd party ( brings counterclaim vs original 4 a. (2) finality (3) on the merits i. issue will be submitted to jury. rulings under rule 50. Due Process Requirement: can¶t preclude someone who wasn¶t a party in the first suit. Joinder. 13(a) compulsory: part of same TOC? §1367 b. 1332.. 41. 56. Claim Preclusion: A valid and final judgment on the merits of a claim or cause of action precludes the reassertion of that claim or cause of action in a subsequent action b/n the same parties. will jgmt impair/impede the party that is missing? b.e. 19(a) Analysis: 1)can relief be awarded to 4 w/out the party that is missing? 2) Does the party that is missing have an interest in the subject of the action? a. 3. the intervenor¶s rts would be impair/impeded 3)existing parties would not adequately represent the petitioner¶s interests. if claim unrelated 13(b) & need 1331/1332 3) if the claim is based solely on diversity. even as to claim that should have been. persons in privity w/ a party in the 1 action. b. (3) same parties/privity (mutuality prevents non-party from having the benefit of CP in his favor). 19(b) Analysis: 1)will the jdgmt be prejudicial to the missing party? 2)can a prejudice to the missing party be lessened? (Is intervention offered? 3)will a jdgmt rendered in the absence of the missing party be adequate? 24(a) Analysis: must allow a petitioner to intervene if either: a fed statute confers absolute rt. JUDGMENT AS A MATTER OF LAW: Rule 50a[if after jury has fully heard the issue and there is no legally sufficient basis for a reasonable jury to find for that party on that issue. a party not a party to the 1 suit can use the judgment to estopp the ¨ from asserting the same defense. essential to the judgment (ask whether the particular fact that was determined in the former action explains the judgment in that action. Exceptions: change of facts significantly from prior judgment. form a convenient trial unit. allowed by R18. 18: allows for parties to bring as many claims. 12(b)(6).e. or the intervenor must show 1)a transitionally related claim or defense 2)w/out adjudication. it¶s not required. Offensive: Where a ¨ has already litigated and issue and lost. (4) necessarily determined i. or motivation.) 2. parties of 2nd suit who were adverse parties in the 1st. Joinder Analysis: 1) joinder rules allow me to do it? a. and what happens is up to the court. 1. judgments on SMJ or IPJ.. 5. New CL re: mutuality i.A. all rights and remedies against the ¨ w/ respect to all or any part of the transaction is merged or barred from relitigation. Parties to be Bound. 2. Parties bound by decision: parties to the 1 suit. verdict of full jury trial. b[if not granted. or a unit that conforms to the parties expectations. valid and final judgment in an action against ¨. need 1331/1332. 1. will there be a treat of inconsistent jdgmts. st 6. if claim related 13(a) & 1367 c. . court may determine issue against that party]. movant will have 10 days after entry of judgment to renew request. the 4 can¡¯t bring 14(a) claim vs. 13(b) permissive: unrelated. 2)SMJ? §1331. a ¨ not party or privy to the 1st suit could use that judgment to estopp the party from subsequent relitigating of claim. 13(g) x-claim: 1367 d. but were not raised in the former case. Defensive: where a party already received an adverse judgment on an issue. Elements: (1)same c/a i. and occasionally 55 if allowed by court. Issue Preclusion: Where the second lawsuit involves a different claim. the first judgment may be invoked as to all issues which were actually litigated and determined in the first action and necessarily determined (essential to the determination of the first action). Factors to consider: wait & see 4? Fairness? Inconsistent jdmts? Procedural opps? 20. 24(b) Analysis (permissive): cts have discretion to allow if: a fed statute confers rt. B. and improper venue are not valid judgments... 3rd (.