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Definition
- 26(a) Initial disclosure
--expert disclosures
--pretrial disclosure
-26(b)Scope of discovery
--Limitations
---26(b)(2)(B) Atty Client P
---26(b)(3) Work Product
---26(c) Protective Order
-Failure to disclose
--37(a) Motion to Compel
--37(b)Failure to Comply w Ct. Order
---Sanctions? (7)
--37(c) Failure to Disclose - Supplement- admit
--37(d) Failure to attend deposition, serve answers to interrogtories, or respond to request for inspeciton
-26(g) Siging Disclosures and Discovery Requests, responses and Objections. |
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Term
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Definition
-Rule 36 Request for Admissions
-Rule 34 Producing Documents and things
-Rule 33 Interrogatories
-Rule 35 Physical and Mental Examination
-Rule 45 Subpoena
-Rule 30 Deposition by oral Examiner |
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Term
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Definition
-Rule 13 Counterclaim and Crossclaim
-Rule 14 Third-party practice
-Rule 18 Joinder of claims
-Rule 19(a) Required Joinder of Parties
-Rule 20 Permissive Joinder of parties
-Rule 21 Misjoinder
-Rule 24 Intervention: Intervention of right 24(a); permissive intervention 24(b)
- Rule 23 Class Actions |
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Term
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Definition
-Rule 50 JMOL
-Rule 59 New Trial
-Rule 60 Relief from a Judgment, Order
-Rule 56 Summary Judgment |
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Term
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Definition
18(a) - a party asserting a claim, counterclaim, crossclaim, or third-party may join as independent or alternative, as many claim as it has against an opposing party.
--> Must have one permissible claim under the appropriate rule then can tag on all other claims
--> Lack of subject matter jurisdiction may limit the plaintiff's ability to join claims
also, Res Judicata if you do not assert a related claim, you may be precluded ffrom asserting it later. |
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Term
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Definition
Rule 13(a) Compulsory Counterclaim
--(1) in general a pleading must state as a counterclaim any claim that - at the time of its service -- the pleader has against an opposing party if the claim-
--(A) arises out of same transaction or occurrence that is the subject matter of opposing party's claim; and
--(B) does not require adding another party over whom the court cannot acquire jurisdiction
Rule 23(b) Permissive Counterclaim
-- a pleading may state as a counterclaim against an opposing party any claim that is not compulsory/ |
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Term
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Definition
13(g): A pleading may state as a crossclaim any claim by one party against a coparty if the claim.
--(1) Arises out of the same transaction or occurrence that is the subjectmatter of the original action or of the counterclaim, or
(2) if the calim relates to any property that is the subject matter of the original action.
--> it may include a claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant. |
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Term
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Definition
Rule 14(a) When a Defending party may bring in a third-party:
(1)as third party plaintiff, defending party may serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. -- MUST by motion obtain the court's leave if it files the third-party complaint more than 14 days after serving its original answer.
(2) Third party Defendant's claim and defenses -
(A) must assert any defense (B) Counterclaim- crossclaim (C) any defense 3rd-p plaintiff has against original plaintiff.
(D) may also sassert agains thte plaintiff an claim arising out of transaction or occurrence that is the subject matter of plaintiff's claim against 3rd-p plaintiff |
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Term
| Discovery Scope and Limits: Scope in General. |
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Definition
I. Rule 26(b)(1).
a. Unless limited by court order, the scope of discovery is as follows:
i. The basic scope of discovery is all information relevant to a claim or defense of any party - CURRENT TEST - or must show good cause
ii. Relevant material that is privileged is not discoverable.
iii. The scope of discovery may be expanded by the court to cover any matter relevant to the subject matter involved in the action rather than simply a claim or defense of any party
iv. Relevant material under the rule does NOT have to BE ADMISSIBLE but rather simply must be reasonably calculated to lead to the discovery of admissible evidence
v. Are limitations applicable to the rule found in Rule 26(b)(2) |
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