If granted prel.

Preliminary relief: (Rule

Prior to filing complaint? relief: plaintiff
65) -TRO? (without
must post bond
notice?)
- Feasible/actionable for the value of
-Prel. Injunction
claim? 12(b) (6) injunction.
- Seizure of
- Statute of Limitations? goods/freeze/notice
-(Rule 11)
- Jurisdiction/Venue? Court: *expert witness
- Discoverability
-Simply: do I like this - Assesses odds of win on cases-parties
isn't admissability
person? Do I have time? merits agree, video *if
- Objections to
- Which court? - Assesses probability of witnesses will
form are waived if
-Procedural/evidentiary harm (when denied relief). die/are sick
not stated.
rules? - Assesses magnitude of
- Fed or State? harm. (esp. to parties)
- Jury pool/Judges? (Winter)
-SoL doesn't exist typically -Also consider Doehr test:
when decedent is dead Doehr asked about To preserve
Parties? constitutionality re: due testimony
Joinder? process [& Matthews] (assuming they For discovery
Murphy's law won't attend
trial)
*think Joan

Serve, then file Motion to dismiss for failure to Motion for Summary
Must supplement Directed Verdict 50(a) J.N.O.V.
complaint. state a claim 12(b)(6) Judgment (56)
Depositions (30) disclosures 26(E)

Expert Witness
Mand. disclosures FInal disclosures Jury
Taking on representation Pleadings Disclosure
Text Discovery (26) Trial Judgment
26(a)(1) 26(a)(3); Deliberation
(26(b)(4)

Goal: delay
- 21 days after
Complaint: Req for admision:
- Not conclusory. (use judicial admision -
service to file A therefore)
-Waiver of service taken as true.
- Facts sufficient (11, Rule 11: file 21 -Requests for Jury right: in
(60 days) 12(b)(6)- needs to
days after service. matters of
survive the 12b6- aka
admission (party) 36
- Request extra Privilege Work Product law, not
claim that can be fixed -Interrogatories
time equity.
with legal relief (party, 33)
-First, you try to Upjohn Hickman & 26(b)(3)
- Flag if evidence -Doc request. (to
avoid responding expected during party 34)
at all (12 b discovery Showing of substantial
-Doc request to Absolute
dispositive -Relief- need & impracticability.
non-party: subpoena
motions)- tie back Note in complaint if you Doc requests:
want a jury (Friedman: 45
to 12b6 - ESI
note it right away) *Hey - Physical/Psych Any time, if Applies only in
- Unreasonably exam (35, confidential anticipation of litigation
Answer burdensome? Schlagenhauf)
1. Response to - Privacy - Affidavits
Rule 12 motions: - allegations in Privileged Between anyone or
considerations
include in rule 12 Complaint relationships no-one (memo)
motion or in 2. Affirmative
Answer; otherwise14/21 days defenses (to an Counter Cross
entire claim; must
Interpleader:
waived.
allege extra facts) Intervention multiple
15(a)(1): Can Related Must May Def. can Compulsory
8(c)(1) (3rd party declaratory
amend Answer implead third joinder
3. Counterclaims,
Unrelated May May not wants in) judgment
within 21 days. Crossclaims (only party action
about parties
already in suit)