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Questions and Answers
What must a party do before seeking a motion to compel or sanctions if the designated representative has no knowledge?
What must a party do before seeking a motion to compel or sanctions if the designated representative has no knowledge?
Under Rule 34, what is the time limit for a party to respond to each item requested?
Under Rule 34, what is the time limit for a party to respond to each item requested?
When is it appropriate to use interrogatories according to Rule 33?
When is it appropriate to use interrogatories according to Rule 33?
What does Rule 30(b)(6) allow an organization to do regarding depositions?
What does Rule 30(b)(6) allow an organization to do regarding depositions?
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In the case of seeking a protective order under Rule 26(c), what can the party aim to halt?
In the case of seeking a protective order under Rule 26(c), what can the party aim to halt?
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What is the consequence of failing to deny an allegation other than one related to the amount of damages?
What is the consequence of failing to deny an allegation other than one related to the amount of damages?
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Which rule states that general denials can risk an admission of all allegations?
Which rule states that general denials can risk an admission of all allegations?
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What does Rule 6(a)(1)(B) indicate about counting days for a motion?
What does Rule 6(a)(1)(B) indicate about counting days for a motion?
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What is required by Rule 8(b) when responding to a pleading?
What is required by Rule 8(b) when responding to a pleading?
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What defines a 'legal holiday' under Rule 6(a)(6)?
What defines a 'legal holiday' under Rule 6(a)(6)?
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What is the primary purpose of including a catch-all clause in a response?
What is the primary purpose of including a catch-all clause in a response?
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What should a party avoid according to Rule 8(b) regarding general denials?
What should a party avoid according to Rule 8(b) regarding general denials?
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If the last day of the period for a motion falls on a legal holiday, what happens according to Rule 6(a)(1)(C)?
If the last day of the period for a motion falls on a legal holiday, what happens according to Rule 6(a)(1)(C)?
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What must a complaint include according to Rule 8(a)(2)?
What must a complaint include according to Rule 8(a)(2)?
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What is the primary purpose of notice pleading?
What is the primary purpose of notice pleading?
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Which case established the plausibility standard in civil disputes?
Which case established the plausibility standard in civil disputes?
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In order to sustain a Rule 12(b) attack, what must a complaint demonstrate?
In order to sustain a Rule 12(b) attack, what must a complaint demonstrate?
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How did Iqbal's ruling change notice pleading in federal courts?
How did Iqbal's ruling change notice pleading in federal courts?
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How many times may a party amend their pleading as a matter of course within 21 days after serving it?
How many times may a party amend their pleading as a matter of course within 21 days after serving it?
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What is the deadline for amending a complaint if a responsive pleading is required?
What is the deadline for amending a complaint if a responsive pleading is required?
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Which of the following is NOT a required element for a claim?
Which of the following is NOT a required element for a claim?
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What must a party do to amend their pleading after the initial deadlines have passed?
What must a party do to amend their pleading after the initial deadlines have passed?
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What is the significance of the 'Twombly and Iqbal Two Step Process'?
What is the significance of the 'Twombly and Iqbal Two Step Process'?
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When must a required response to an amended pleading be made?
When must a required response to an amended pleading be made?
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What do federal courts now require from plaintiffs under notice pleading after the Twombly and Iqbal decisions?
What do federal courts now require from plaintiffs under notice pleading after the Twombly and Iqbal decisions?
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Under Rule 15(b)(1), what must occur for a party to amend their pleadings based on an objection at trial?
Under Rule 15(b)(1), what must occur for a party to amend their pleadings based on an objection at trial?
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In what scenario might a party use Rule 15(b)(2) to amend their pleadings?
In what scenario might a party use Rule 15(b)(2) to amend their pleadings?
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What is the function of supplemental pleadings under Rule 15(d)?
What is the function of supplemental pleadings under Rule 15(d)?
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Which of the following motions would NOT trigger the opportunity to amend a complaint according to Rule 15(a)(1)(B)?
Which of the following motions would NOT trigger the opportunity to amend a complaint according to Rule 15(a)(1)(B)?
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What is the primary purpose of a pretrial scheduling order?
What is the primary purpose of a pretrial scheduling order?
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Under what circumstances can a pretrial order be modified?
Under what circumstances can a pretrial order be modified?
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What authority does Rule 16(f) provide to judges concerning sanctions?
What authority does Rule 16(f) provide to judges concerning sanctions?
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Why was Payne's attorney unable to present two witnesses during the trial?
Why was Payne's attorney unable to present two witnesses during the trial?
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What is a potential disadvantage of a magistrate judge compared to a life-tenured district judge?
What is a potential disadvantage of a magistrate judge compared to a life-tenured district judge?
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What is the significance of 28 U.S.C. § 631 regarding magistrate judges?
What is the significance of 28 U.S.C. § 631 regarding magistrate judges?
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Which of the following best describes 'nondispositive matters' according to 72(a)?
Which of the following best describes 'nondispositive matters' according to 72(a)?
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What financial consequences did the defendant face in Nick v. Morgan's Foods, Inc.?
What financial consequences did the defendant face in Nick v. Morgan's Foods, Inc.?
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Study Notes
Complaint
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Rule 8(a) Requirements:
- Jurisdiction
- Short and plain statement of the claim
- Demand for judgment
Notice Pleading
- Requires parties to state general issues in the case, informing the other party.
- Doesn't require detailed facts to support each claim.
Elements of a Claim
- Duty
- Breach
- Causation by the defendant
- Damages/relief
Case Law
- Conley v. Gibson (1957): As long as all elements of a claim are present, it cannot be dismissed unless impossible to prove facts.
- Twombly (2007): Established the plausibility standard
- Iqbal (2009): Replaced notice pleading with plausibility pleading, requiring claims to be reasonable and likely to occur.
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Twombly and Iqbal Two Step Process:
- Strip all legal conclusions from allegations.
- Apply the plausibility standard to remaining allegations.
- Walsh v. U.S. Bank (2014): Minnesota uses notice pleading, not the federal heightened pleading standard.
Forms of a Complaint
- Complaints, answers, responses to counterclaims, cross-claims, third-party complaints, answers to third party complaints, and replies to answers.
Litigation Timing
- Rule 6:
- Computes time for motion papers and other proceedings.
- Begins counting on the day after the triggering event.
- Includes every day, including weekends and holidays.
- Last day of the time period is included, unless it falls on a weekend or holiday, then the period continues to the next non-holiday day.
Answer
- Rule 8(b) requires a response to each allegation: admit, deny, or lack of knowledge to respond.
- General denials are risky and should be avoided whenever possible.
- Rule 8(b)(1): Must state defenses and admit or deny allegations.
- Rule 8(b)(2): Denials must respond to the substance of the allegations.
- Rule 8(b)(3): General denials can be risky, as a failure to address the substance of an allegations can be considered an admission.
- Rule 8(b)(4): Denying part of an allegation.
- Rule 8(b)(4): Denying part of an allegation.
- Rule 8(b)(5): Lack of knowledge or information.
- Rule 8(b)(6): Failure to deny an allegation, other than damages, is considered an admission.
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Rule 15(a): Amending pleadings.
- (a)(1): One amendment is allowed as a matter of course within 21 days of service.
- (a)(2): Amendments after 21 days require opposing party's consent or court permission. Court should freely give leave when justice requires.
Amended Complaint
- Responses to amended pleadings must be made within the time remaining to respond to the original pleading or within 14 days of service of the amended pleading, whichever is later.
Case: Beeck v. Aquaslide 'N' Dive Corp.
- Demonstrated that the court will freely grant an amended pleading when justice requires.
Amendments During and After Trial
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Rule 15(b)(1): Allows amendments based on objections to issues or evidence raised at trial.
- Objections to evidence not in the pleadings imply consent.
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Rule 15(b)(2): Allows amendments to include issues tried by consent.
- Moore v. Moore: If parties litigate an issue at trial, the court considers it tried by consent.
Supplemental Pleadings
- Rule 15(d): Allows supplemental pleadings for events that occur after the date of the pleading.
Other important rules
- Rule 30(b)(6): Used for depositions of corporations, requires the organization to designate a representative with knowledge of the requested topics.
- Rule 33: Interrogatories.
- Rule 34: Request for production of documents.
- Rule 45: Subpoena.
Pretrial Conference
- Rule 16(c)(2): Matters for consideration at a pretrial conference.
- Rule 16(d): Pretrial order is formulated after the conference.
- Rule 16(e): Defines a final pretrial conference to formulate a trial plan and list all issues in controversy.
- Rule 16(f): Establishes sanctions for failure to comply with pretrial orders.
Case: Nick v. Morgan's Foods, Inc.
Demonstrated that courts have broad discretion to impose sanctions for failure to comply with court orders.
Case: Payne v. S.S. Nabob
- Illustrated that courts enforce pretrial orders strictly, disallowing new claims or defenses after the deadline.
Magistrate Judges
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Appointed by district court judges for 8-year terms.
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Lower salaries than district court judges and less involvement in party politics.
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28 U.S.C.§ 631 governs their authority.
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Rule 72(a): Handles nondispositive matters (discovery disputes).
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Rule 72(b): Handles dispositive motions (dismissal or judgment).
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Using magistrate judges can protect the neutrality of the trial judge.
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