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Civil Procedure (pleadings (answer- 21 days to file, include defenses or…
Civil Procedure
pleadings
answer- 21 days to file, include defenses or they are waived
amendments- may amend once as of right within 21 days, next required court's permission
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joinder of claims- may join claims if they arise from the same transaction or occurrence or series thereof. may join any claims against a defendant regardless.
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motions
summary judgment- 30 days after close of discovery, no genuine issue of material fact. inferences favor non-movant
judgment as a matter of law- made at the close of opponent's case, No reasonable jury could find for non-movant
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post-trial
renewed motion for judgment as a matter of law- same as JMOL, within 28 days of close of trial.
motion for new trial- also made within 28 days,
jurisdiction
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personal jurisdiction
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may be consented to, either expressly, or by not making a timely objection
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venue- Def's domicile, where found, or where a substantial portion of the events took place.
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discovery
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traditional
deposition/ interrogatories/ requests for admissions/ production of documents/ request for physical or mental examination
work product- made by an attorney for litigation, not regular business.
preclusion
claim preclusion- res judicata- between the same parties or those in privity, out of the same transaction, and court made a determination "on the merits." (and subject matter and personal jurisdiction is proper.)
Issue preclusion- collateral estoppel- may not be used against a party who was not a party to the original action.
Appealability and review
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Motion for relief- requires- merit, equity, new facts, due diligence
jury trial- if claim seeks monetary damages, one party must request it in writing within 14 days.