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Civ Pro (Adding Parties (Rule 13 (Counter Claims & Cross Claims), Rule…
Civ Pro
Adding Parties
Rule 13
Counter Claims & Cross Claims
Rule 14
Impleader
Rule 18
Joinder
Rule 19
Compulsory Joinder
Arises out of the same transaction or occurance
Use it or lose it
Rule 20
Permissive Joinder
Not araising out of same transaction or occurance
Discovery
Rule 26
26f - Discovery plan
26e - good faith participation
Proportionality
Rule 16 - pretrial conference
16c, 16d - Judge orders determine discovery timeline
Need good cause to modify
16a - Goals:
Reduce costs
Streamline
Settle
16f - Sanctions
Devices
Depositions
Rule 30
Rule 31
Interogatories
Rule 33
Request to produce
Rule 34
34c - non parties must be subpoenaed
Experts
Rule 26
26a2 - experts must be qualified
26a2b - written report
26b4c- confidentiality
26b4d - getting info from non-testifying witness
Show inability to get reasonable alternative
Medical exam
Request for admission
Complaint
Rule 8 -- Pleadings
Short & plain
Plausibility standard
8d2
Pleading in the alternative
Rule 11 -- Signatures and Certifications
Did you do your job?
Not for an improper purpose
Warranted by existing law
Well grounded in fact
Based on evidence
Testing Complaint
11b
Failing to do reasonable inquiry into the facts.
Rule 12 -- Pre-Answer Motions
Or personal Juristiction
Wrong venue
Serving process incorrect
Failure to state a claim or join a party
No subject matter
12e
Unanswerable for vagueness
Answer
Rule 8b -- Admit Deny or File Lack of Information (default denial)