Please enable JavaScript.
Coggle requires JavaScript to display documents.
Civil Procedure (Pleadings (Class Actions (Adequacy, Numbers, Commonality,…
Civil Procedure
Pleadings
-
-
First Responsive Pleading: the defendant has 21 days from the date of service of the complaint to file its first responsive pleading.
-
-
-
-
-
-
-
Preclusion: Preclusion means that parties are barred from relitigating claims or issues that they have already fully and fairly litigated to a final judgment on the merits.
Res judicata: a claim cannot be relitigated if the claim arises between the same parties or those in privity with them; it arises out of the same transactions occurrence; and the court determined the claim on the merits and had proper subject-matter and personal jurisdiction.
-
-
Appealability and Review: a judgment is appealable when it is a final order entered by a lower court.
-
Motion for relief from a judgment: Requirements are Merit, Equity, New facts, Due diligence.
Jury Trial: A party has a constitutional right to jury trial if its claim primarily seeks monetary damages. The party must file a written demand within 14 days of service of the complaint. Each party is entitled to strike potential jurors for cause.