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Civil Procedure (Pleadings (Class Actions (Commonality, Adequacy, Numbers,…
Civil Procedure
Pleadings
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Answer: Once served with a complaint, the defendant must file a responsive motion, or an answer
If the defendant does not file a motion to dismiss or if its motion to dismiss is denied, it must file an answer that must fairly and precisely admit or deny every allegation in the complaint
In addition, the answer must also include the previous 12(b) defenses and all affirmative defenses or they are waived
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Joinder of claims
The plaintiff may join as many claims as they have against a defendant regardless of whether there is any connection between those claims
Joinder of parties
The plaintiff may join parties 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
The plaintiff must join indispensable parties where there would be prejudice to any parties' right to a full and fair adjudication
Third parties may join a suit and bring claims if the three "I's" are satisfied: Impleader, Interpleader, and Intervention
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Cross-claims may be brought by any party against any co=party when the claim arises out of the same transaction or occurrence as the original claim or counterclaim
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Jurisdiction
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Personal Jurisdiction
Exists if the court has in personam jurisdiction over the parties, in rem jurisdiction over property that is subject of the claim, or quasi in rem jurisdiction over property that is attached to satisfy judgment in the action
Service of Process: Proper if the method of process follows the forum's rules and the method is constitutional
Venue is proper:
Where any defendant resides, if all defendants reside in that state
In the federal district where a substantial part of the claim arose or where the property is located
Where the defendant can be found provided the court has personal jurisdiction, if there is no other district in which the action may otherwise be brought
Discovery
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Work-product doctrine: Any material that an attorney or someone at their discretion prepared for litigation and was not in the ordinary course of business
Preclusion
Definition: 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 transaction or occurence; and that the court determined the claim on the merits and had proper subject-matter and personal jurisdiction
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Motions
Four critical 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 judgment as a matter of law: Formerly called a judgment notwithstanding the verdict, the motion is made within 28 days of judment
Motion for new trial: Also made within 28 days, this motion will be granted in the 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