DISCOVERY Discovery is a party directed process – the court sits back and waits to see if the parties have a dispute over something. Discovery: A party-directed.

 

Smith focused on SoL A LOT! SoL as instruments of procedure: clear dockets; protect courts and Ds from waste; protect Ds from unjust coercion; make.

 

I. Erie Railroad v. Tompkins – Case of a man, hit by a train car, who loses his arm. The question then became: What standard of law to apply in this case.

 

Anna Thea Conrad Spring2002 ProfessorMolot Civil Procedure II Outline I. DISCOVERY OF FACTS… 1. The Scope of Discovery p2 2. Special Problem s of Discovery Lim its a. Protective.

 

Discovery Discovery Overview Discovery factual investigation 3 main purposes of discovery Permit the preservation of evidence that might otherwise be lost.

 

I. Preparing for trial New standard- party can discover info from regular activities of other party, but NOT info the party has exclusively devoted to proving.

 

Spring 2002 Professor Peter Smith CIVIL PROCEDURE II – OUTLINE General Policy Note: Discovery accuracy equalize access to information.

 

I. Ascertaining the Applicable Law Litigation that concerns two or more states is likely to cause problems when determining what law to apply in the dispute. Applicable.

 

1. Discovery: Scope and Mechanics, Qualified and Absolute Privileges, Experts, Managing a District Court Caseload, Sanctions 2. Adjudication: Trial by Jury / Judge,.

 

Spring 2003 Stephanie Deckter I. Preparing for Trial 1. General Scope Rule 26 b 1 – What is Available to the Other Party Any matter relevant to a claim.

 

The System of Civil Procedure requires a balancing of Competing Goals Accuracy: Discovery Fairness: the Erie Doctrine Efficiency: Adjudication without a Completed.

 

Peterson DISCOVERY Introduction Basic way in which facts are exchanged Two goals Find out info you can use to make your case Find out about the other.

 

SERVICE OF PROCESS starts pg. 40 of notes Due process clause requires notice – opportunity to be heard has 2 tests – 1 constitutional, and 2 statutory Constitutional Test Mullane.

 

DISCOVERY Discovery is a party directed process – the court sits back and waits to see if the parties have a dispute over something. Discovery: A party-directed.

 

Discovery Three Purposes of discovery: Permit the preservation of evidence that might be lost before trial Provide mechanisms for narrowing the issues.

 

Table of Rules US Constitution Article IV, § 1 – Giving Full Faith and Credit to judicial proceedings of other states US Constitution Amendment XIV, § 1 – Due Process.

 

SIMPLE JOINDER OF CLAIMS STEPS: GENERAL – Definition of Same Transaction or Occurrence: Are the issues of fact and law raised in the claim and the counterclaim largely the same.

 

HYPERLINK l _Toc70737579 “Needed” Parties - Compulsory Joinder PAGEREF _Toc70737579 h 1 HYPERLINK l _Toc70737580 Intervention - FR 24 PAGEREF _Toc70737580 h 1 HYPERLINK l _Toc70737581 Intervention.

 

Spring Semester 2002 Prof. Raven-Hansen SIMPLE JOINDER OF CLAIMS STEPS: GENERAL – Definition of Same Transaction or Occurrence: Are the issues of fact.

 

SIMPLE JOINDER OF CLAIMS STEPS: GENERAL – Definition of Same Transaction or Occurrence: Are the issues of fact and law raised in the claim and the counterclaim largely the same.

 

Issue Statute Judicial Gloss Legal issue Practical issue Policy reasons Facts i, ii, iii Conclusion PERSONAL JURISDICTION The first potential.

 

Last Updated December 6, 2005 PLEADINGS RULES Issue: whether the parties properly followed the procedural rules of communicating between each.

 

Fall 2001 Civil Procedure Outline Professor Jack Friedenthal 1. PERSONAL JURISDICTION Three types of Personal Jurisdiction In Personam: forum.

 

Fall 2002 Jack Friedenthal STEPS OF A CIVIL ACTION 1. Selecting the proper court a. Subject matter jurisdiction – choosing state court.

 

History of Pleading Rules Historic functions of pleading rules providing notice of the nature of claim/defense now addressed by initial pleading as specified in Rule.

 

State Courts: State courts can take almost every type of case, with the exception of those that are granted exclusively to the federal.

 

Pleading Pleading rules serve to: 1 provide notice 2 identify baseless claims 3 set each party’s version of the facts and narrow the issues. Generally.

 

Fall 2002 Jack Friedenthal STEPS OF A CIVIL ACTION 1. Selecting the proper court a. Subject matter jurisdiction – choosing state court.

 

Focus on how courts can get it right to the best of their abilities and w/regard to efficiency. Decide directly, accurately on their merits. Discovery equalize access.

 

I. Introduction A. The Value of Procedure This is introductory stuff, but the bottom line is that civil procedure exists to make sure that everyone.

 

Anna Thea Conrad Autum n 2001 ProfessorMolot Civil Procedure I Outline CLUSTER ONE: JURIS D ICTION AND RELATE D MATTERS… There.

 

HYPERLINK l _Toc70737579 “Needed” Parties - Compulsory Joinder PAGEREF _Toc70737579 h 1 HYPERLINK l _Toc70737580 Intervention - FR 24 PAGEREF _Toc70737580 h 1 HYPERLINK l _Toc70737581 Intervention.

 

Spring Semester 2002 Prof. Raven-Hansen SIMPLE JOINDER OF CLAIMS STEPS: GENERAL – Definition of Same Transaction or Occurrence: Are the issues of fact.

 

Prof. Peterson CIVIL PROCEDURE AMENDMENTS, RULES, CODE RULES Scope of Rules One Form of Action Commencement of Action Summons / Service.

 

SERVICE OF PROCESS starts pg. 40 of notes Due process clause requires notice – opportunity to be heard has 2 tests – 1 constitutional, and 2 statutory Constitutional Test Mullane.

 

Specific General Fair. 3-4 Jurisdiction based on Jurisdiction based on Federal Personal. 5-6 Challenging Personal Jurisdiction Waiver………………………. 6 II. Notice. 6-7 Types of Waiver.

 

Removal if applicable : 4. Pleading: Next, you must examine whether the pleadings are proper. 5. Multi-party and multi-claim litigation: If there is more than one claim.