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Civil Procedure
Civil Procedure rules to remember
194
Law
Graduate
05/01/2013
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Term
28 U.S.C. 1331
 Definition
Federal Question-
Court will have original jurisdiction over claims arising under the constitution, laws, or treaties of the United States.
Term
28 U.S.C. 1332(a)
 Definition
Diversity of citizenship-natural persons
Term
28 U.S.C. 1332(c)
 Definition
Diversity of Citizenship-corporations/agents
Term
28 U.S.C. 1367(a)
 Definition
Supplemental jurisdiction- pendant
Gives supplemental jurisdiction
Term
28 U.S.C. 1367(b)
 Definition
Supplemental Jurisdiction-Ancillary- takes away sup. jur.
When the district courts have original jurisdiction based on diversity or alianage the district court shall not have supplemental jurisdiction under subsection a over claims by plaintiff's.
Term
28 U.S.C. 1391(a)
 Definition
Venue-
this is the governing venue statute.
Term
28 U.S.C. 1391(b)
 Definition
Venue-in general
Term
28 U.S.C. 1391(c)
 Definition
Venue- residency in general
Term
28 U.S.C. 1391(d)
 Definition
Venue-
Residence of defendant that is corporation – multiple judicial district states
Term
28 U.S.C. 1441(a)
 Definition
Removal-
An action brought in state court where the district courts have original jurisdiction may be removed by the defendant
Term
28 U.S.C. 1441(b)
 Definition
Removal- based on diversity
Term
28 U.S.C. 1446(a)
 Definition
Procedural for removal-
File in the district court a notice of removal signed pursuant to rule 11 and containing a short and plain statement of the grounds for removal, along with a copy of all process, pleadings, and orders served upon such defendant(s).
Term
28 U.S.C. 1446(b)
 Definition
Procedural for removal-
(1) the defendant has 30 days to remove the case to federal court after it receives the complaint.
(2)(a) all defendant's who have been served must consent to removal
(b) 30 day requirement goes for each defendant.
(c) defendant's can still consent to removal even after their 30's are up.
(3) after 30 days a case can still be removed if a federal question is added or a non-diverse party is voluntarily dropped.
Term
28 U.S.C. 1446(d)
 Definition
after filing a notice of removal with the federal court the defendant must give written notice to the adverse parties telling them the matter is removed and file a copy of the notice of removal (the notice of notice of removal) in the state court.
Term
28 U.S.C. 1447(a)
 Definition
Remand-
After removal the district court may give all orders necessary to bring all proper parties before it, whether they were given orders or process by the state court or not.
Term
28 U.S.C. 1447(c)
 Definition
Motion to remand-
Within 30 days after the notice of removal was filed the plaintiff must remand when (1) D's notice of removal was filed more than 30 days of service of process of complaint, (2) not all defendant's agreed, (3) (in diversity case) a defendant is from forum state. Plaintiff can move to remand at any time under the issue of lack of diversity of citizenship jurisdiction.
Term
28 U.S.C. 1447(d)
 Definition
Procedure after motion to remand-
A defendant cannot appeal a decision to remand.
Term
4(a)(1)(A)
 Definition
Summons-
a summons must name the court and the parties
Term
4(c)(3)
 Definition
P may request that the service be carried out by a marshall or someone specially appointed
Term
4(c)(1)
 Definition
Summons-service
summons must be served with complaint
Term
4(d)(1)
 Definition
Summons-waiver
The P may reqest that the D waive service of summons
Term
4(e)
 Definition
Summons-
Term
4(h)
 Definition
Summons-
Term
4(m)
 Definition
Summons-
Term
8(a)
 Definition
Requirements of a complaint (or counterclaim cross-claim third party claim)-
(1) a statement of the basis for SMJ
(2) a short and plain statement of claim for relief
a. Must show legal sufficiency: that the law recognizes this cause of action.
b. Must show factual sufficiency: Factual allegations support each essential element of claim either expressly or inferentially.
c. Must show plausibility: one that allows the reader to draw the reasonable inference that the defendant is liable to the plaintiff. (Twombly case law).
(3)a demand for relief (injunctive relief; specific performance; demand for money damages) not required to specify the amount.
Term
8(b)
 Definition
(1) in responding to a complaint a party must (A) state in short and plain terms its defenses to each claim alleged against it and (B) admit or deny the allegations against it.
(2) denials- a denial must be fair concerning the allegations.
(3) General denial- good faith denial of everything in complaint (including SMJ grounds). Specific denial- denial of only one section of the complaint.
(4) Denying part of the allegation- good faith denial of part of the allegation must then admit the rest.
(5) Lacking knowledge or information- has the effect of a denial. must be made in good faith meaning that they do not have access to the information.
(6) Effect of failing to deny- failure to deny is considered an admission.
Term
8(c)
 Definition
In responding to a pleading a party must state any affirmative defenses including: states list.
(2) if a party mistakenly calls a defense a counterclaim or a counterclaim as a defense the court must, if justice requires, treat the pleading as if it were correct. it may impose terms.
Term
8(d)
 Definition
(1) each allegation must be simple, concise, and direct. No technical form is required.
(2) a party can set out two or more statements of a claim alternatively or hypothetically either in a single count or defense or in separate ones.
(3) Inconsistent claims or defenses. a party can state as many different claims or defenses it has regardless of consistency.
Term
28 U.S.C. 1332(a)(1)
 Definition
Amount in controversy exceeds 75,000 and
-citizens of different states
Term
28 U.S.C. 1332(a)(2)
 Definition
Alienage jurisdiction
Amount in controversy exceeds 75,000 and
-citizens of a state v. Alien; except that the district courts shall not have original jurisdiction...of an action
Term
28 U.S.C. 1332(a)(3)
 Definition
Alienage jurisdiction
Amount in controversy exceeds 75,000 and
-citizen of State + Alien v. citizen of different State + Alien
Term
28 U.S.C. 1332(c)(1)
 Definition
Corporations are domiciled in state in which it is incorporated and state where it has its principal place of business.
Term
28 U.S.C. 1332(c)(2)
 Definition
agents or legal reps are deemed to be a citizen of the same state
Term
28 U.S.C. 1391(b)(1)
 Definition
a civil action may be brought in any district in which any D resides so long as all D’s reside in same state
Term
28 U.S.C. 1391(b)(2)
 Definition
Venue is proper in a judicial district in which substantial part of events/omissions occurred
Term
28 U.S.C. 1391(b)(3)
 Definition
Venue is proper in a judicial district in which any D is subject to IPJ if the requirements of (b)(1) and (b)(2) cant be satisfied (federal question)
Term
28 U.S.C. 1391(c)(1)
 Definition
D resides in state of domicile
Term
28 U.S.C. 1391(c)(2)
 Definition
Residence of defendant that is corporation – one judicial district state
-D resides in district so long as it is subject to IPJ in state
Term
28 U.S.C. 1391(c)(3)
 Definition
defendant that is not a resident in the united states may be sued in any judicial district.
Term
28 U.S.C. 1391(d)
 Definition
Residence of defendant that is corporation – multiple judicial district states
-D resides in each district in which it is subject to contacts-based IPJ
Term
28 U.S.C. 1441(b)(1)
 Definition
the citizenship of D's sued under fictitious names shall be disregarded
Term
28 U.S.C. 1441(b)(2)
 Definition
In cases based on diversity of citizenship, only nonresident defendants can remove
Term
28 U.S.C. 1446(b)(1)
 Definition
Procedural Removal requirements
-file within 30 days
Term
28 U.S.C. 1446(b)(2)(A)
 Definition
All D's must consent to removal
Term
28 U.S.C. 1446(b)(2)(B)
 Definition
Each D will have 30 days each
Term
28 U.S.C. 1446(b)(2)(C)
 Definition
All D's have to consent to the other D's notice of removal
Term
28 U.S.C. 1446(b)(3)
 Definition
If after 30 days the P adds a fed. question to complaint or voluntarily drops non diverse citizen case may still be removed; but only 30 days after receipt of amendment
Term
28 U.S.C. 1446(d)
 Definition
D's must give notice and file a copy with court(to make them drop the case) and case is considered removal
Term
4(a)(1)(B)
 Definition
a summons must be directed to the defendant
Term
4(a)(1)(C)
 Definition
a summons must state the name and address of the plaintiff's attorney or, if unrepresented, the plaintiff;
Term
4(a)(1)(D)
 Definition
a summons must state the time within which the defendant must appear and defend
Term
4(a)(1)(E)
 Definition
a summons must notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint;
Term
4(a)(1)(F)
 Definition
a summons must be signed by the clerk
Term
4(a)(1)(G)
 Definition
a summons must bear the court's seal
Term
4(b)
 Definition
P must prepare summons and if it is proper clerk will sign and seal and issue to the P
Term
4(c)(2)
 Definition
Summons-service
summons must be served by someone over 18 and is not a party
Term
4(d)(2)
 Definition
Summons-failure to waive
if the d fails without good cause to waive
(A) pay for additional expenses
(B) and reasonable expenses
Term
4(d)(3)
 Definition
Summons-time to answer
D must respond within 60 days (or 90 days if it was sent outside of US)
Term
4(d)(4)
 Definition
Summons-results of filing a waiver
its like the summons was delivered formally
Term
4(d)(5) Jurisdiction and Venue
 Definition
waiver-Jurisdiction and Venue
waiver does not waive any objection to IPJ
Term
5(a)(1)(A)
 Definition
Service- Papers that need to be served:
an order stating that service is required
Term
5(a)(1)(B)
 Definition
Service- Papers that need to be served:
a pleading filed after the original complaint
Term
5(a)(1)(C)
 Definition
Service-Papers that need to be served:
a discovery paper required to be served on the other party, unless court orders otherwise.
Term
5(a)(1)(D)
 Definition
Service- Papers that need to be served:
a written motion
Term
5(a)(1)(E)
 Definition
Service- Papers that need to be served:
a written notice, appearance, demand, or offer of judgement, or any similar paper
Term
5(a)(2)
 Definition
When a party fails to appear:
no service required when a party is in default for failing to appear. If a new claim for relief is asserted against this party it must still be served under rule 4.
Term
5(a)(3)
 Definition
Seizing property-
Term
5(b)(1)
 Definition
Serving an attorney-
If a party is represented by an attorney, service under this rule MUST be made on the attorney unless the court orders service on the party.
Term
5(b)(2)(A)
 Definition
A paper is served by:
handing it to the person.
Term
5(b)(2)(B)
 Definition
A paper is served by:
Leaving it at the person's office with a clerk or other person in charge or a conspicuous place if no one is in charge.
When a person has no office or the office is closed it can be left at a persons place of usual abode with someone of proper age and discretion who resides there.
Term
5(b)(2)(C)
 Definition
A paper is served by:
mailing it to the person's last known address. Service is complete upon mailing.
Term
5(b)(2)(D)
 Definition
A paper is served by:
When the person has no known address, leaving it with the court clerk.
Term
5(b)(2)(E)
 Definition
A paper is served by:
If the person consents in writing, sending it by electronic means. Service is complete upon transmission. Not effective if the serving party learns that it did not reach the party to be served.
Term
5(b)(2)(f)
 Definition
A paper is served by:
Delivering it in any other means that the party being served consents to. Service is complete upon delivery to the agency designated to make the delivery.
Term
5(b)(3)
 Definition
If a local rule allows it, a party can use the courts transmission facilities to make service under rule 5(b)(2)(E) (electronic transmission rule).
Term
5(d)(1)
 Definition
Certificate of Service- Required filings:
Within a reasonable time after service any paper, after the complaint, must be filed with the court coupled with a certificate of service. The following are exempt from this rule until they are used in the proceedings or the court orders filing: disclosures under 26(a)(1) or (2), depositions, interrogatories, requests for documents or tangible things, requests to permit entry onto land, and requests for admission.
Term
5(d)(2)(A)
 Definition
Certificate of Service- How the filing is made:
a paper is filed by delivering it to the court
Term
5(d)(2)(B)
 Definition
Certificate of Service- How the filing is made:
a paper is filed by delivering it to a judge who agrees to accept it for filing. The judge must document the date on the paper and quickly deliver it to the clerk.
Term
5(d)(3)
 Definition
Certificate of service- Electronic filing, signing, or verification:
A court may allow papers to be filed, signed, or verified by electronic means.
A local rule may require electronic filings if reasonable exceptions are made.
A paper filed electronically in compliance with the local rules is considered a paper for purposes of these rules.
Term
5(d)(4)
 Definition
Filing certificate of service- Acceptance by the clerk:
The clerk must not refuse to file a paper because it is not in the form prescribed by these rules or any rule.
Term
6(a)(1)(A)
 Definition
Computing time- When stated in days:
exclude the day of the event that triggers the period
Term
6(a)(1)(B)
 Definition
Computing time- When stated in days:
Count every day including weekends and holidays.
Term
6(a)(1)(C)
 Definition
Computing time- When stated in days:
Include the last day of the period but if the last day is a Saturday, Sunday, or legal holiday the period continues to run until the next non Saturday, Sunday, or legal holiday.
Term
6(a)(2)(A)
 Definition
Computing time- When stated in hours:
Begin counting immediately on the occurrence of the event that triggers the counting.
Term
6(a)(2)(B)
 Definition
Computing time- When stated in hours:
Count every hour including the ones that happen on the weekends and legal holidays.
Term
6(a)(2)(C)
 Definition
Computing time- When stated in hours:
If period ends on a weekend or legal holiday the period continues to run until the same time the next day that is not a weekend or legal holiday.
Term
6(a)(3)(A)
 Definition
Computing time- When the courts office is inaccessible:
on the last day for filing then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday.
Term
6(a)(3)(B)
 Definition
Computing time- When the courts office is inaccessible:
During the last hour for filing under rule 6(a)(2), time for filing is extended till the same time on the first accessible day that is not a weekend or holiday.
Term
6(a)(4)(A)
 Definition
Computing time- Last day defined:
For electronic filing the last day is midnight in the courts time zone.
Term
6(a)(4)(B)
 Definition
Computing time- Last day defined:
For non electronic filing the last day ends when the clerk's office is scheduled to close.
Term
6(a)(5)
 Definition
Computing time- Next day defined:
the next day is determined by continuing to count forward when the period is measured after an event and backward when the period is measured before an event.
Term
6(a)(6)(A)
 Definition
Legal holiday:
New Year's day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day.
Term
6(a)(6)(B)
 Definition
Computing time- Legal Holiday defined:
any day declared a holiday by congress or president.
Term
6(a)(6)(C)
 Definition
Computing time- Legal Holiday defined:
for periods that are measured after an event, any other day declared a holiday by the state where the district court is located.
Term
6(b)(1)(A)
 Definition
Computing time- Extending Time defined:
When an act may or must be done within a specified time the court may extend the time for good cause:
with or without motion or notice if the court acts before the original time or its extension expires.
Term
6(b)(1)(B)
 Definition
Computing time- Extending Time defined:
When an act may or must be done within a specified time the court may extend the time for good cause:
on motion made after the time has expired if the party failed to act because of excusable neglect.
Term
6(b)(2)
 Definition
Computing time- Extending Time defined:
When an act may or must be done within a specified time the court may extend the time for good cause:
A court must not extend the time to act under rule 60.
Term
6(c)(1)(A)
 Definition
Term
6(c)(1)(B)
 Definition
Term
6(c)(1)(C)
 Definition
Term
6(c)(2)
 Definition
Term
6(d)
 Definition
Term
7(a)(1)
 Definition
Allowed pleadings:
Complaint
Term
7(a)(2)
 Definition
Allowed pleadings:
Answer to complaint
Term
7(a)(3)
 Definition
Allowed pleadings:
Answer to a counterclaim designated as a counterclaim
Term
7(a)(4)
 Definition
Allowed pleadings:
Answer to a cross claim
Term
7(a)(5)
 Definition
Allowed pleadings:
Third party complaint
Term
7(a)(6)
 Definition
Allowed pleadings:
Answer to third party complaint
Term
7(a)(7)
 Definition
Allowed pleadings:
If the court orders one, then a reply to an answer.
Term
7(b)(1)(A)
 Definition
Requirements for request for a court order:
Must be in writing unless made during a hearing or trial.
Term
7(b)(1)(B)
 Definition
Requirements for request for a court order:
State the particular grounds for seeking the order
Term
7(b)(1)(C)
 Definition
Requirements for request for a court order:
State the relief sought.
Term
7(b)(2)
 Definition
Form of motions and other papers:
The rules governing captions and other matters of form in pleadings apply to motions and other papers.
Term
8(a)(1)
 Definition
Pleading requirements:
Short and plain statement concerning grounds for court's subject matter jurisdiction.
Term
8(a)(2)
 Definition
Pleading requirements:
a short and plain statement for relief:
1. legal sufficiency
2. factual sufficiency
3. Plausibility
Term
8(a)(3)
 Definition
Pleading requirements:
a demand for relief sought, which may include relief in the alternative or different types of relief.
Term
8(b)(1)(A)
 Definition
Defenses in responsive pleading:
A party must state in short and plain terms its defenses to each claim asserted against it
Term
8(b)(1)(B)
 Definition
Defenses in responsive pleading:
A party must admit or deny the allegations asserted against it by an opposing party.
Term
8(b)(2)
 Definition
Denials in a responsive pleading:
must fairly respond to the substance of the allegation.
Term
8(b)(3)
 Definition
General v. specific denials:
Term
8(b)(4)
 Definition
good faith and deny part of an allegation
Term
8(b)(5)
 Definition
if you lack knowledge you cant be able to find the answer in other means when denying
Term
8(b)(6)
 Definition
if you don't deny, you admit
Term
8(c)(1)
 Definition
when responding to a pleading, you must include you affirmative defenses or they are waived
Term
8(c)(2)
 Definition
if you make a mistake, the court must treat the mistake as if it is correct
Term
8(d)(1)
 Definition
pleading has to be to the point
Term
8(d)(2)
 Definition
you can plead two alternative claims
Term
8(d)(3)
 Definition
you can plead inconsistent claims
Term
8(e)
 Definition
pleadings must be construed so as to do justice.
Term
9(b)
 Definition
special matters-when pleading fraud or mistake, you must particularly state the circumstances
Term
9(g)
 Definition
special matters- if you want any special damages, you must claim it
Term
10(a)
 Definition
must include the caption
Term
10(b)
 Definition
must state in separate paragraphs
Term
10(c)
 Definition
a party may a party may incorporate allegations into new sentences
Term
11(a)
 Definition
every paper must be signed by an attorney to verify
Term
11(b)
 Definition
by signing and filing the papers you are warranting that none of it is being submitted for an improper purpose and that it is all warranted by law
Term
11(c)(1)
 Definition
Sanctions for violations of 11(b)
Term
11(c)(2)
 Definition
motions must be made for sanction and can be served but not filed with the court until 21 days after
Term
11(c)(3)
 Definition
court could order party to show how their conduct has not violated rule 11(b)
Term
11(c)(4)
 Definition
nature of sanction
Term
11(c)(5)
 Definition
court cant impose a monetary sanction against a party for attempting to change the law (11(b)(2)) or on its own unless it has given the party a chance to explain itself
Term
11(d)
 Definition
sanction rules don't count for discovery
Term
12(a)(1)
 Definition
time to serve answer is (A)(i)within 21 days and if service was waived (A)(ii) 60 days in U.S. and 90 days outside US (B) same 21 days for counterclaim and cross claim answer (C) and 21 days to reply to answer
Term
12(b)
 Definition
defenses-lack of (1) smj (2) ipj (3)imporper venue (4) insufficient process (5) or sevice of process (6)failure to state a claim (7) failure to join a party
Term
12(c)
 Definition
after pleading are closed, a party can make a motion for judgment
Term
12(d)
 Definition
if a court is preseted with and does not exclude outside info during a motion, that motion just turn into one for summary judgment
Term
12(g)
 Definition
(1) a motion may be joined with any other and (2) party waives most 12(b) defenses if they are not asserted
Term
12(a)(2)
 Definition
gov. worker has 60 to answer
Term
12(a)(3)
 Definition
gov. worker sued in individual capacity within 60 days
Term
12(a)(4)
 Definition
(A) if the court denies a motion the answer must be served in 14 days (B) and 14 days after a more definite statement is served unless court sets a different time
Term
12(h)(1)
 Definition
defenses 2-5 are waived if not mentioned early
Term
12(h)(2)
 Definition
motion for failure to state a claim can be raised at any time, but not on appeal
Term
12(h)(3)
 Definition
lack of smj can be raises at anytime
Term
12(i)
 Definition
unless the court orders that such motions are deferred until trial, a party may request the court to schedule 12(b) and (c) motions for a pretrial hearing
Term
13(a)
 Definition
compulsory counterclaims are counterclaims that arise from the same transaction or occurance and must be asserted in pending litigation or they are waived(2) expect for when they are involved in other pending litigation or when the complaint involves quasi or in rem jurisdiction
Term
(13(b)
 Definition
permissive counterclaims-any claim that is not compulsory
Term
13(g)
 Definition
cross-claims-permits persons who are already parties to bring suit against people on their side of the v.
Term
14(a)(1)
 Definition
power of D to implead 3rd parties; can be asserted at any time but must obtain the courts leave by motion after the first 14 days after its answer
Term
14(a)(2)
 Definition
third party D can assert any defense and any compulsory ot permissive counterclaims against TPP or any cross claim against another TPD. May also use any defenses TPP has against P and any claim arising out of the same transaction or occurrence
Term
14(a)(3)
 Definition
P may assert any claims arising out of the same transaction or occurance against TPD and TPD can act as any regular defendant
Term
14(a)(4)
 Definition
motion to strike-any party may move to strike TP claim
Term
14(a)(5)
 Definition
a TPD may proceed against a non-party who is liable to the
Term
14(b)
 Definition
if a P is subject to a counter claim, the P may join third parties who may be liable for part or all of that claim
Term
15(a)
 Definition
(1)(A)right to amend pleadings 21 day after serving it or (2) only can amend with other parties consent (3) can respond to amended pleading in amount of days since original pleading or within 14 days
Term
15(b)
 Definition
when something is presented at trial that is not in the pleadings, the pleadings may be amended to include it
Term
15(c)
 Definition
relation back-governs the circumstances in which the amendment will be created as though it was filed on the date of the original pleading
Term
17(a)
 Definition
real party in interest- party on whose behalf suits may be initiated(b) some suit have to be in the country's name(c)??
Term
17(b)
 Definition
capacity to be sued- the law that governs the capacity of a person to prosecute or defend
Term
17(c)
 Definition
minor or incompetent-controls the manner in which infants and other persons unable to represent their own interests will be represented in suits in fed. court
Term
18(a)
 Definition
joinder-abolishes prohibitions against bringing unrelated claims against the same defendants in a single action
Term
20(a)
 Definition
permissive joinder-people who may be joined; plaintiffs or defendants as long as there is a common question of law or fact and they are interested in claims that arise out of the same transaction or occurrence
Term
20(b)
 Definition
court has discretion to separate trials
Term
21
 Definition
remedy for misjoinder or non joinder that violates other rules governing multi parties; no dismissal for improper joinder, and court has discretion to separate trials
Term
26(a)
 Definition
required disclosure-(1) initial disclosures(2) expert testimony disclosures (3) pre-trial disclosures
Term
26(b)(1)
 Definition
discovery is allowed of any matter that is relevant to the claim or defense of any party in the pending action and is not privileged.
Term
26(b)(2)
 Definition
courts authority to limit discovery that is unreasonably cumulative or duplicative is obtainable for another source more conveniently, or is unduly burdensome or expensive given the nature and circumstances of the case.
Term
26(b)(3)
 Definition
work product protection- materials must be produced in discovery only when the information is not reasonably available from any other source??
Term
26(b)(4)
 Definition
parties may depose expert witnesses who may testify at trial; allows limited discovery with respect to non-testifying experts
Term
26(b)(5)
 Definition
attorney client privilege
Term
26(c)
 Definition
the court may enter orders designed to protect the parties during the discovery process
Term
26(e)
 Definition
parties have a duty to supplement automatic disclosures and discovery responses under certain limited conditions
Term
26(g)
 Definition
signing and certification
Term
30(a)
 Definition
Term
30(b)
 Definition
(1)a party desiring to take a depo must serve a written notice upon all other parties identifying the deponent and time and location of the deposition. (2) deponent may be compelled to bring stated material(3)notice must specify the method of recording (4) can be taken over the telephone other other remote means
Term
30(d)
 Definition
7 hour time limit on depos that MAY be extended and protects from unreasonable or vexatious examination during a depo
Term
33(a)
 Definition
any party may serve up to 25 interrogatories or questions on any other party
Term
33(b)
 Definition
the responding party MUST answer within 30 days after service; objections must be stated with specificity and are waived if not made timely.
Term
34(a)
 Definition
request to produce is broad
Term
34(b)
 Definition
procedure- any party may serve document requests, responses must be served within 30 days
Term
34(c)
 Definition
non-parties-required to produce documents via subpoena
Term
35(a)
 Definition
(1) Examination is compulsory only if ordered by the court. Examination will be ordered for good cause shown. (2) good cause and specific interactions required
Term
36(a)
 Definition
requests for admission-establishes a procedure whereby one party serves requests for admission on another party, who must investigate and either admit, deny, with specificity, or object to each requested admission (2) form (3) 30 days to respond (4) must specifically deny or state why cant admit or deny (5) must state why you object request (6)
Term
36(b)
 Definition
an admission is deemed conclusively established unless the court permits withdrawal or amendment of the admission
Term
37(a)
 Definition
Motion for an order compelling discovery; its filed after the opponent fails to make the automatic disclosures required by 26(a), fails to respond to discovery or makes an 77yh or incomplete disclosure or discovery response
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