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Civil Procedure (Pleadings (Joinder of Claims (Plaintiff may join as many…
Civil Procedure
Pleadings
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Answer
Must include previous 12(b) defenses and all affirmative defenses; otherwise, they are waived
Joinder of Claims
Plaintiff may join as many claims as they have against a defendant regardless of whether there is any connection between those claims
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Joinder of Parties
Parties may be joined to the same lawsuit if the claims involving those parties derive from the same transaction or occurrence or at least the same series of common transactions or occurrences
Third parties may join suit and bring claims (impleader, interpleader, intervention)
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Jurisdiction
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Venue vs. transfer
Venue is proper 1) where any defendant resides, 2) in the federal district where a substantial part of the claim arose or where property is located, or 3) where the defendant can be found provided the court has personal jurisdiction
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Appealability and Review
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Motion for relief from a judgment: filed within one year of a judgment. Requirements are MEND (Merit, Equity, New facts, and Due diligence)
Preclusion
Parties are barred from relitigating claims or issues that they have already fully and fairly litigated to a final judgment on the merits
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Res judicata or claim preclusion means that a claim cannot be relitigated if the claim arises between the same parties or those in privity with them
Collateral estoppel or issue preclusion refers to an issue that cannot be relitigated; may not be used against someone who was not a party to the previous action
Motions
Summary judgment
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May be granted if there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law
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Post-trial motions
Renewed motion for judgment as a matter of law: made within 28 days of judgment. Basis of the motion is identical to that made at the close of the opponent's case
Motion for new trial: also made within 28 days, motion will be granted in court's discretion if either the errors at trial affected the parties' substantive trial rights or the verdict was against the manifest weight of the evidence
Discovery
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Work-product doctrine (covers any material that an attorney or someone at her discretion prepared for litigation and was not in the ordinary course of business)
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