Frcp 1 - Study guides, Class notes & Summaries

FRCP Waller Civ Pro 2024

BGEN 361 Ch. 5 Review Practice Exam Questions. Federal Rules of Civil Procedure (FRCP) - CORRECT ANSWER The rules controlling procedural matters in civil trials brought before the federal district courts. Stages in a typical lawsuit - CORRECT ANSWER 1. accident, branch of contract, or other event 2. the party hires a lawyer, who files a complaint and notifies (serves) the defendant 3. defendant's attorney files an answer or a motion to dismiss 4. pretrial discovery and more motions, ...

GOVT 407 - EXAM 3 SG Questions And Answers 100% Solved responsive pleading - answera pleading that replies to an opponent's earlier pleading two main types of responsive pleadings - answer*answer*- rule 12(a) - response to the merits of the complaint - must address the allegations which might req some preliminary discovery *motion to dismiss*- rule 12(b) - an alternative to an answer - allows for judicial scrutiny of the complaint before answering its allegations answer - answer-a def...

ACEDS Latest Update with Complete Solutions Proportionality Burden/Expense is outweighs value, may shift costs or impose limits Attorney Certifies Discovery Request Consistent w/ FRCP, Non-Frivolous, not to harass, not unreasonably burdensome Rule 26(f) "Meet and Confer" - opportunity to exchange/agree on Discovery Creation of "Discovery Plan" Limit scope (depositions, interrogatories, etc) Rule 26(a)(1) Proposed discovery plan. address preservation issues. Rule 26 Discovery Plan Initial...

GOVT 407 - EXAM 3 SG Questions And Answers 100% Solved responsive pleading - answera pleading that replies to an opponent's earlier pleading two main types of responsive pleadings - answer*answer*- rule 12(a) - response to the merits of the complaint - must address the allegations which might req some preliminary discovery *motion to dismiss*- rule 12(b) - an alternative to an answer - allows for judicial scrutiny of the complaint before answering its allegations answer - answer-a def...

CIVIL PROCEDURE 1 FULL COURSE 3 types of documents that can be filed in a court - Answer- -pleadings -motions -other paper (discovery) Are the FRCP statutes? - Answer- No, they are a series of rules. Do the FRCP apply in state court. - Answer- No, the FRCP only apply to federal courts. Every state has their own rules of civil procedure. Do the FRCP ever change? - Answer- Yes. Amendments go through a long careful process. When do new rules of FRCP go into effect? - Answer- Decem...

The Federal Rules of Civil Procedure - FRCP Rule 26 - Meet & Confer - Discuss all aspects FRCP (f) Conference - Open Dialogue to know process FRCP Amendments 2006 - How discovery is to be performed and guidance. Now electronic FRCP 2015 Changes - Streamline discovery and reduce sanctions Rule 26(a)(1) - Reveal ESI Disclosures & Preserving Issues of Discovery - 1. Collecing, Reviewing, location dates lower cost Discovery Plan - 1. Initial Disclosures 2. Subjects/Custodians 3.Format of prod...

GOVT 407 - EXAM 3 SG Questions And Answers 100% Solved responsive pleading - answera pleading that replies to an opponent's earlier pleading two main types of responsive pleadings - answer*answer*- rule 12(a) - response to the merits of the complaint - must address the allegations which might req some preliminary discovery *motion to dismiss*- rule 12(b) - an alternative to an answer - allows for judicial scrutiny of the complaint before answering its allegations answer - answer-a def...

oportionality - Burden/Expense is outweighs value, may shift costs or impose limits Attorney Certifies Discovery Request - Consistent w/ FRCP, Non-Frivolous, not to harass, not unreasonably burdensome Rule 26(f) - "Meet and Confer" - opportunity to exchange/agree on Discovery Creation of "Discovery Plan" Limit scope (depositions, interrogatories, etc) Rule 26(a)(1) - Proposed discovery plan. address preservation issues. Rule 26 Discovery Plan - Initial disclosure (subjects requiring d...

Civil Procedure II - Final Exam Pleading - ANS Document in which claimants set forth their claims and defending parties respond to the claims and raise defenses. Concerns the sufficiency of each side's allegations. Rule 8(a) - Three things must be in the complaint - ANS 1) Subject Matter Jurisdiction 2) Short and plain statement of the claim. 3) A demand for relief sought. Twombly and Icqbal, boiled down, say three things - ANS a. Plaintiff must plead fac...