CIVIL PROCEDURE
TABLE OF CONTENTS
AMENDED PLEADINGS
INTERPLEADER
INTERVENTION
STATUTES OF LIMITATIONS & COUNTING DAYS
DISCOVERY
RELEVANCE & PROTECTIVE ORDERS
INTRODUCTION OF WORK PRODUCT
INITIAL DISCLOSURES
MANDATORY DISCLOSURES
EXPERT WITNESSES
INTERROGATORIES
DOCUMENT PRODUCTION REQUESTS
DEPOSITIONS
REQUEST FOR MEDICAL/PSYCHOLOGICAL EXAMSAMENDED PLEADINGS (Conforming to the Pleadings to the Evidence)
I. Definition
a. Plaintiff will generally be given a chance to fix-up their pleading by filing an amended pleading
II. Generally
a. Before a Reply
i. FRCP 15(a) allows a party to amend its pleading once before a responsive pleading is served, or if no responsive pleading is permitted and the action has not been placed on the trial calendar, twenty days after service.
b. Three-Strike Rule
i. A party may otherwise amend its pleading with the written consent of the adverse party or by leave of court, which shall be freely given when justice so requires. Most courts follow an unofficial three-strike rule, which gives a party three chances to correct defects in its pleadings, after which the court will find that justice no longer requires another opportunity. A party must amend a pleading within the response time to the original pleading or ten days after service of the amended pleading, whichever period may be longer, unless the court orders otherwise.
c. Amendments to Conform to the Evidence
i. FRCP 15(b) states that issues not raised by the pleadings when tried by the consent of the parties shall be treated as if raised in the pleadings. This motion can be made at anytime, even after judgment.
d. Relating Back Amendments
i. FRCP 15(c) states that when a claim or defense asserted in an amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading for purposes of statutes of limitations.
III. Supplemental Pleadings (FRCP 15(d))
a. Where relevant activity occurs after the pleadings have been filed, the court has discretion to allow the parties to file supplemental pleadings to reflect the new circumstances.
IV. Considerations
a. Whether to grant a motion to amend the pleadings
i. Would the opposing party be prejudiced?
ii. The pleadings and the evidence must coincide.
1. The evidence has to be relevant to some issue in the pleadings.
INTERPLEADER
I. Definition:
a. A procedure whereby someone holding personal property claimed by others can force the claimant to litigate their claims to the property in one action.
II. Purpose:
a. Avoid contradictory judgments and multiple liabilities.
III. Rule of Law:
a. Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability.
b. i.e. have adverse claimants
c. Claimants to a fund (e.g. insurance policy or settlement) may be adverse if total amount of claims exceeds the amount of the fund.
IV. Stakeholder:
a. Definition:
i. person who is holding the property
b. Can be a disinterested stakeholder in federal court
the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect the interest, unless the applicant’s interest is adequately represented by existing parties.
IV. How to intervene as a right:
a. File timely
i. How long the applicant had notice of the interest before it made the motion to intervene
ii. Prejudice to existing parties resulting from any delay
iii. Prejudice to the applicant if the motion is denied; and
iv. Any unusual circumstances militating for or against a finding of timeliness
b. Demonstrate an interest in the action
i. “direct, substantial, and legally protectable.” It must not be remote or contingent.
ii. “significantly protectable”
iii. Certain public concerns may constitute an adequate ‘interest’ within the meaning of the rule.
iv. Organizations may have sufficient interest to support intervention as a matter of right in actions involving legislation or regulations previously supported by the organization.
