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Civil Procedure, Discovery, Pre-Trial, Trial, Sanctions, Joinder,…

- - - - business designates a proper person to fulfill those needs
- - - - Judge determines if it is or not discoverable
- - - - examinee gets a copy of the report. But once they do, she must produce ALL medical records pertaining to that ailment with her own doctor.
        
        kills patient privilege
- - - - given to them personally.
    - - either the state where fed ct sits, or the state.
        
        service of process by mail. Most states allow.
      - Can serve a minor or incompetent's person acc to state law.
    - - either SPS or like an officer/ asst. if their duties include the scope of this type of thing.
    - - can only be done at D's usual place of abode.
        
        common sense determination
      - of suiitable age and discretion.
        
        that person must reside there.
  - - - Plaintiff files waiver with the court and its treated as proper service on that date.
      - If D refuses to pay without good cause, they have to pay a penalty.
- - - - Deny
        
        Failure to deny = admission
        
        except re: amount of damages
      - Lack of sufficient info
        
        cannot do this if the lack of info is in D's control
      - Admit
      - affirmative defense
        
        inject new fact
        
        waived if not asserted in answer
        
        Pltf need not respond
- - - - generally 3 per side
        
        no reason is needed.
      - must be race and gender neutral because this is state action
    - - unlimited number
      - MUST give reason
  - - - typically off the record discussion, THEN on the record argument. Court must then inform lawyers (not jury)
        
        what instructions it will give
        
        which instructions were rejected.
        
        objections are allowed.
        
        failure to object = waiver
  - - - General with written answers
        
        THEN judge will approve judgment, and clerk enters it
        
        If the answers are inconsistent with the general verdict, judge has options
        
        no judgment can be entered
        
        order a new trial
        
        advise the jury to revise
    - - Jury answers in writing, specific answers to questions. Does not say who wins or loses
        
        THEN judge will approve judgment, and clerk enters it
    - - THEN clerk enters the judgment
  - - - Std: Jury reached a conclusion that reasonable people could not have reached
      - comes after jury verdict
      - Must be made within 28 days of entered judgment
        
        MUST have made a JMOL motion at trial, properly. And be on the same Basis made previously
- - - - EVEN if the fact underlies an equitable issue
- - - - gotta be serious error of judgment
    - - "shocks the conscious"
- - - - only available if there is bad faith
- - - - same t/o
      - use it or lose it. BEFORE answering or defending original case
- - - - discretionary to court.
        
        delay things
        
        prejudice things
- - - - step 3. if no- can case proceed? Factors:
        
        actual harm to absentee is likely
        
        ct can shape relief to avoid any harm
        
        alternative forum available?
      - Federal SMJ over absentee's claim
        
        PJ over absentee
      - If yes - join
- - - - THEN default judgment
        
        Clerk can enter default judgment
        
        D made no response.
        
        claim itself is for sum certain
        
        P gives an affidavit of the sum owed
        
        D is not a minor
        
        ^IF ANY OF THESE ARE NOT SATISFIED
        
        There will be a hearing
- - - - No evidence allowed
- - - - Depo, ROGGS, Affss, Disco UNDER OATH
      - Pleadings are NOT evidence
- - - - original court is the transferor.
      - venue must be proper in the transferee court.
        
        unless all parties consent and the court agrees
- - - - foreseeability
      - purposeful availment
    - - Does the P claim arise from the D's contact with the forum
        
        if yes- specific PJ
        
        Fairness
        
        burden on D and witnesses (not perfect)
        
        state's interest
        
        States wanna protect their citz.
        
        P's interest
        
        if no- general PJ
        
        D must be domiciled in the forum. OR
        
        CORPS: state of incorp. and pincipal place of biz
        
        D is served with process in the forum state.
- - - - P is ENFORCING a fed law
    - - Diversity citizenship
        
        Alienage- 1 party is not a citz
        
        State to state
        
        ANY plaintiff cannot be of the same state as EVERY D
        
        natural person can only have ONE domicile.
        
        physical presence
        
        subjective intent to make a new domicile for foreseeable future,
        
        courts will look at ALL relevant factors
        
        house
        
        voter registration
        
        taxes
        
        Unincorporated business
        
        citizen of all of its members.
        
        Decedent, Minor, incompetent
        
        use citizenship of that person, not the representative.
      - $75,000.01 in controversy
        
        litigation costs do not count
        
        does not matter how much they ultimately recover
        
        Aggregating
        
        A single P may aggregate all claims against a single/all D
        
        do not need to be CNOF
        
        Multiple D's is OK so long as they are joint D's
        
        multiple P's cannot do this.
        
        Equitable Releif
        
        Will the equity cost the D $75,000 or more
        
        Will the P benefit by $75,000 in value
      - Excluded
        
        probate
        
        custody/ alimony/ divorce
  - - - Step 1: Does this claim invoke Diversity or FQ
        
        If no
        
        Common Nucleas of operative Facts with OG pleading.
        
        If Yes--> not supplemental, just reg.
        
        If diversity
        
        asserted by non-pltf = good
        
        If P= LIMITAION: P2 falls short of diversity but shares CNOF
- - - - statute of limitations
      - tolling SoL
      - elements of claim
      - New Trial because of excessive/inadequate jury damages
      - conflict of law
    - - determining factors
        
        Balance interest factors
        
        avoid forum shopping- will decision cause Ps to flock to fed court
        
        outcome determinative
- - - - cannot opt out
  - - - cannot opt out
- - - - court appoints class counsel.
        
        court THEN must send notice to all reasonably identifiable members- paid for by the rep.
        ONLY FOR TYPE 3
        
        bound by judgment
        
        can enter a separate appearance
        
        can opt out.
      - SMJ is determined by class rep only.
- - - - does NOT include
        
        improper Venue
        
        Failure to join indispen. party
        
        lack of Jx
    - - primary rights doctrine
        
        separate claims for personal injury and property damage permissible
      - majority view
        
        a claim is any right to relief arising from a t/o
  - - - Due Process. Must be in privity with a party in case 1
    - - nonmutual issue preclusion
        
        nonmutual offensive issue preclusion
        
        nonmutual defensive issue preclusion
        
        person was no a party to case 1
        
        Defendant in case 2
- - - - If yes- interloccutory
      - if no- final judgment = right to appeal
      - Remand is often not appeal-able.