Please enable JavaScript.
Coggle requires JavaScript to display documents.
Civil Provedure - Coggle Diagram
Civil Provedure
Discovery
-
-
Interrogatories- written questions that must be answered by another party in writing under oath within 30 days (only served on parties, not witnesses)
Request for admissions- any request that is admitted is deemed established for all purposed of the litigation
Production documents- a request to a party to produce documents or property for inspection and copying
Request for physical/mental examination: only when a person's condition is in controversy. Requires advance court approval with a showing of "good cause"
Motions
Motion to transfer the remedy used if a defendant would prefer a different venue, even though the current venue is proper
For the convenience of the parties/witnesses, and in the interest of justice, a dist. court may transfer a civil action to any other dist. court where the action might have been brought
Once a complaint is filed, defendant must file a responsive motion or an answer
Answer must include the 12(b) defenses and all affirmative defenses [Rule 801(c)] or else those defenses cannot be introduced
-
Summary judgment
Filed within 30 days after close of discovery; may be granted if there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law (JMOL)
JMOL- motion is made at the close of the opponent's case; there must be a legally insufficient evidentiary basis from which a reasonable jury could find for the non-moving party
-
Motion for relief from a judgment:
- Merit
- Equity
- New Facts
- Due Diligence
-
-
-
Preclusion bars parties from re-litigating claims or issues that they have already fully and fairly litigated to a final judgment on the merits
-
-