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Civil Procedure (Pleadings = must contain sufficient facts to place…
Civil Procedure
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Discovery = depositions, requests for admissions, production of documents, and request for physical or mental exam
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Motions
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Summary Judgment
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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Appealability & Review
Appealable = final order entered by the lower courts= must file notice w/in 30 days from entry of judgment
Motion for relief from a judgment = MEND; Merit, Equity, New facts, Due Diligence
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Preclusion = parties are barred from re-litigating claims or issues that they already fully an fairly litigated to a final judgment on the merits
res jurdicata = claims cannot be re-litigated if the claim arises between the same parties or those in privity with them; it arises out of the same transaction or occurrence; and that the court determined the claim on the merits and had proper SMJ or PJ
Collateral Estoppel = issue preclusion = issue that cannot be re-litigated; may not be used against someone who was not a party to the previous action
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