LA 304 Final Danny Hall

How is a removal accomplished?

by filing a notice of removal in federal court

What is the person who is going to be deposed called?

deponent

How do you start a case in federal court?

file a summons and a complaint; once served the process starts when the notice of the lawsuit is filed

What is a notice of deposition?

identify the deponent and the officer, usually a court reporter

Who is the person most likely to serve process?

somebody in law enforcement

What is discoverable in the scope of discovery?

something reasonably calculated to lead to admissible evidence

What are affirmative defenses defined by?

substantive law

What is a deposition digest?

summaries of the depositions

What should a good paralegal or lawyer do after a deposition?

summarize

What are the important things that a paralegal does at a deposition?

take notes, listen, and observe

What happens when a complaint is dismissed with prejudice?

the case is over

Issuing a summons requires the signature of who?

the clerk

What does an answer to a complaint have in it?

typically has denials

How is proper service to be made to a corporation?

upon an agent

Why would a removal happen?

usually defendant wants to do it; diversity of citizenship or federal question

What is removal?

when a case is moved from state to federal court

What is pretrial order?

when discovery is completed; at least 30 days before trial

When must a report of the parties planning meeting be filed?

within 14 days

Initial disclosure timing according to federal rules?

within 14 days of a planning meeting

Why is video tape advantageous?

you can show the video to the jury

What are the basic requirements of a motion according to rule 7?

-It must be made in writing, unless it is made at trial or hearing -its grounds must be stated with particularity, setting forth the order sought -it should have the same caption as the complaint with the exception that et al. (meaning "and others") may be used after the name of the first plaintiff or defendant rather than a list of all the other parties -addresses are not necessary -Rules 7(b)(3) and 11 require that all motions be certified by the attorney's signature and include the attorney's address

What information is exchanged at initial disclosure?

-The name, address, and phone number of persons likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subjects of the information -The production or description of relevant documents, electronically stored information, and tangible things in the possession, custody, or control of the disclosing party that may be used to support its claims or defenses, unless solely for impeachment -A computation of damages, with the source of information on the nature and extent of the injuries made available to the other party for inspection and copying -Any insurance agreement likely to cover the damages, made available for inspection and copying -written statements of experts

What are the types of depositions?

-depositions on oral examination -depositions on written questions -depositions before the action is filed

Mandatory Disclosure?

-governed by Rule 26A -procedure automatically triggered early in a case requiring a party to give (disclose) to the opponent a broad spectrum of information pertinent to the case

What are valid objections to interrogatories?

-irrelevant -privileged -work product (trial prep materials) -vague, ambiguous, or unintelligible - too broad -unduly burdensome

What are reasons for motions to be dismissed under Rule 12?

-lack of jurisdiction -improper venue -insufficient service of process

What document is typically always filed with a motion?

-notice of motion -certificate of service -memo brief in support of motion

What are the requirements of a subpoena?

-the name of the issuing court -the title and docket number of the action and the court in which it is pending -the name of the paralegal's attorney -the witness's name and address with directions for the witness to attend and give testimony -the date, time, and place for the deposition

What does a notice of deposition include?

-the time and place -the name of the attorney conducting the examination -the name and address of each person to be deposed -the method of recording the testimony -any documents requested to be produced

Two types of subpoenas

1. Subpoena ad testificandum:: a writ commanding a person to appear in court to testify as a witness 2. Subpoena duces tecum: A document pursuant to a court order that commands a person to appear with certain books, documents, electronically stored information, or tangible things.

Motions for summary judgement can be filed when?

20 days after the lawsuit

What is a subpoena?

A document that commands or orders a person to appear in court or a designated place, which may include a request for documents

Who is a subpoena served by?

A subpoena may be served by a sheriff, or by his deputy, or by any other person who is not a party and is not less than 18 years of age

What is a default judgement?

Judgment rendered against the defendant for the damages specified in the claim without the case going to trial, based on the defendant's failure to respond to the complaint within the time limit

What rule typically sets the limit of discovery?

Rule 26

What rule governs subpoenas?

Rule 45

Service of papers is controlled by what rule? (everything after the complaint)

Rule 5

Depositions are covered by what rules?

Rules 27-32

Rule 45 governs what?

Subpoenas

Clerk can enter what awards?

Sum Certain

Subpoenas are typically issued by who?

The clerk

Necessary minimum contacts establishes what?

jurisdiction

Interrogatories should be answered under ------.

oath

What happens when a complaint is dismissed without prejudice?

plaintiff will amend complaint and refile or respond to a motion to dismiss the complaint with an amended complaint

What should answers to interrogatories typically do?

put your client in the best light possible

What does initial disclosure eliminate?

the need for early interrogatories

What is the purpose of a preservation letter?

the prospective opponent may not anticipate the need to preserve the evidence nor know what needs to be preserved and where it is located, the letter accomplishes the saving of that evidence

The federal court may limit what?

the volume of discovery devices