AL Civ Pro

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AL Civ Pro
2013-07-22 19:38:58
AL Civ Pro

AL Civ Pro
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  1. what is the juris of the district court
    • exclusive for < $3,000
    • concurrent for $3,000-$10,000
    • no equitable remedies
    • no declaratory judgments
    • factually compulsory counterclaims up to $10,000
    • smalls claims court is only time a company can be pro se
  2. what is the juris of circuit court
    • court of general juris
    • concurrent for $3,000- $10,000
    • exclusive for > $10,000
    • jury trials
    • most appeals from district, juvenile & muni
    • declaratory judgments
    • equitable relief
  3. what are the appropriate venues against individuals for land issues, K, and all other personal actions
    • land: the county where it lies
    • K: where the D resides if a permanent resident or in a county set in a forum selection clause
    • all other: D's county of residence OR in a county where the act/omission occurred
  4. what are the appropriate venues for equitable proceedings regarding real estate and  enjoining proceedings, with a resident or a non-resident
    • Resident:
    • real estate- county where the land lies
    • enjoin proceedings: the county where proceedings are pending or judgment is entered
    • except as provided, all equitable actions must be in D's county of residence
    • non-resident D: county where the subject of the action arose/ act was performed
  5. what is the appropriate venue for work/labor done disputes, easements and right of ways
    in the county where the work was done or in which the land/easement/right of way was granted
  6. what is the appropriate venue for unincorporated groups issuing insurance policies
    any county where they do business or issue policies
  7. what is the appropriate venue for an unincorporated organization or association
    any county they do business or maintain a branch office
  8. what are the appropriate venues for an action against a foreign or domestic corporation
    • 1. in the county where a substantial part of the events, omissions or real property is located
    • 2. the county of the corp.'s principal office in the state
    • 3. in the P's residence county if the corp. does business by agent in that county
    • 4. if 1,2 or 3 do not apply, then in any county where corp. was doing business by agent at the time the COA was created
  9. whose residences are taken into consideration for venue in a properly joined class action
    only the residence of the names class representative
  10. how is proper venue determined when there is more than one P
    • venue must be proper for EACH P UNLESS
    • 1. P's establish they assert any right to relief jointly & severally or arising from the same transaction AND
    • 2. that the existence of a substantial number of questions of law/material fact common to all P's will not only arise in the action BUT those questions will predominate over individualized questions AND
    • 3. the action together would be more efficient and economical for all parties than trying separately AND
    • 4. the interests of justice supports joinder of the parties
  11. what happens if the chosen venue is improper for a joined P
    the claim shall be severed and transferred to a court where venue is proper
  12. what happens if the chosen venue is improper for a joined P and there are multiple proper venues for the P
    • D selects where the claim will be transferred
    • if there are multiple D's, ALL D's must agree to the new venue; if they cannot reach an agreement, then the transferring court will decide
  13. what is pendent venue
    where several claims/parties have been properly joined, the suit may be brought in any county where any one of the claims could be brought; whenever an action has been commenced in a proper county, additional  claims/parties may be brought w/o regard as to if that county would be proper if it was an independent action
  14. what is the effect of a pro tanto settlement of one D on venue
    if the D who made venue proper reaches a pro tanto settlement (partial payment on a claim), the court may keep the case anyway if it feels the settlement was reached to allow venue transfer
  15. what is the relationship between an involuntary D dismissal and venue
    when the D who made venue proper is dismissed on motion of the D, the court may, and on action of ALL the remaining D's, transfer to a proper venue for the remaining D's provided that the motion to transfer was made before trial started
  16. what is the relationship between voluntary dismissal and venue
    unless a transfer motion is filed w/i 30 days after P serves notice of dismissal, then the defense of improper venue is waived
  17. are fictious parties considered for venue purposes
    any still unnamed parties after 75 days of the filing of a motion to transfer will not be considered in determining proper venue
  18. what must a foreign entity do in order to transact business in AL
    • it must register with the secretary of state and pay a filing fee
    • - an entity must register if the entity, if it had been filed in AL, would have to file articles of formation OR if it affords limited liability to any owner or member
  19. what affect does registering have on a foreign entity
    being registered is enough for AL to have personal jurisdiction over the entity
  20. what does it mean for a corporation to "do business" in a county
    it does business if, with some regularity, it performs there some of the business functions for which it was created; functions that are merely the exercise of corp. powers incidental to those corp. business functions are not considered for venue purposes
  21. what happened in ex parte scott bridge
    bridge builder bought over $50,000 yr in supplies to build bridges in different counties; court held that to function as the corp. intended to do, that is, to be a bridge builder, it must have materials to do so; the corp. could have bought them from anywhere but they picked this place in that county so venue was proper there
  22. what is the proper venue for medical liability
    it MUST be brought in the county in which it occurred; if it occurred in more than one county, it MUST be brought in the county in which the P resided at the time
  23. when must health care providers move to transfer due to improper venue
    they can move anytime before trial
  24. where is venue proper for a product liability claim
    it is ONLY proper in the county where the product was designed, manufactured, assembled, distributed or sold
  25. how many times can a party request a venue transfer and what happens when one is granted
    • - each side can only request once 
    • - if granted, the court will transfer to the closest venue that is without objection from both sides
  26. what if the effect of a forum selection clause on venue
    if a valid K has a valid forum selection clause that states a certain place is the only venue for the claim, than that place is the proper venue
  27. what is forum non conveniens
    court may transfer action to another county where case might have been brought or order a separate trail for a claim/party for the convenience of the W, parties or in the interest of justice
  28. when is a forum non conveniens allowed
    only when it was originally brought in a proper venue; it is not allowed in child custody cases
  29. where is the proper venue for a wrongful death
    can only be filed where the decedent himself could have filed the case if he was not dead
  30. what is general personal jurisdiction
    D's activities in forum are substantial or continuous and systematic, regardless of whether those activities gave rise to the suit
  31. what is specific personal jurisdiction
    D has few contacts BUT those contacts gave rise to the suit
  32. NOTE:
    regardless of general or specific, the nexus b/t the D and the forum must arise out of an action of A that was purposefully directed toward the forum county/state
  33. when does a person has sufficient contacts? 

    5 ways
    • 1- transacts business in the state
    • 2- causes tortious injury in the state w/ a car, aircraft or boat
    • 3- contracts supplies and/or goods
    • 4- causes tortious injury in state or by act out of state if person regularly does/solicits business or derives substantial revenue from goods sold in state
    • 5- otherwise has minimum contacts w/i the state that under the circumstances, it would be fair for the D to come to the state and defend AND the prosecution in the state is non inconsistent with AL or US constitutions
  34. when is there PJ in product liability
    can assert PJ over a corp. that delivers its products into the stream of commerce w/the expectation that they will be purchased by consumers in the forum state
  35. DBI Motors: korean company sold defective seat belts to Kia assembly line in NJ; AL woman injured and sued in county she bought the car

    did AL have PJ over D?
    yes- AL court held that with 9 dealerships in AL, it was reasonable to expect to be hauled into court in AL (it wasn't like a snow plow maker being brought into court in AL); also, the small burden of skype and conference calls for korean company was nothing compared to making an injured lady travel to korea
  36. what is AL's long arm statute
    • it's actually AL Civ Pro Rule 4.2
    • - in state service: allowed anywhere in state
    • - out of state service: person/entity has such contacts with the state OR they are being sued in a representative capacity and do not have the contacts but the person they are representative of does have the contacts
  37. who has the burden of proving PJ over a D
    - the P
  38. what happens when a D files a 12(b)(2) motion for lack of PJ
    • - the court must consider as true the allegations in the P's complaint and when there are disputes b/t P and D, court must construe all reasonable inferences in favor of P
    • - if D makes a prima facie showing of no PJ, then P has burden of supporting his complaint allegations with competent proof and show either D's substantial, continuous and systematic contacts OR specific contacts related to the COA to such a level that D could anticipate being hauled into court here
  39. Frye v. Smith- is the foreseeability that your products will reach AL in the stream of commerce enough for PJ
    no- mere foreseeability is not enough- is is essential that the D purposefully availed himself of the privilege of conducting activities w/i the forum state
  40. is a ont time purchase of a specialized good enough for PJ
    no, according to ex parte No. 1 Steel
  41. how do you stop the SOL clock
    • - file a complaint WITH the intent to proceed
    • - if you ask the clerk to delay service, the intent factor is not met and the clock keeps on ticking
  42. what is Rule 4 service
    • - summons and complaint to be filed w/i 120 days of complaint filed in court; if not, court may sua sponte or by motion of a party, dismiss
    • - P can get additional time with a showing of good cause
  43. how do you serve an individual under Rule 4
    • -personally
    • - leaving with a person at the indivudal's home or usual abode with someone of suitable age and discretion
    • - you can leave with the person's authorized agent
  44. how do you serve a minor under rule 4
    • - serve the father, mother, guardian, minor's spouse or the person the minor lives with
    • - if the minor is over 12, you must serve the minor as well as one of the above representatives for the minor
  45. how do you serve an incompetent not confined under rule 4
    you must serve the incompetent AND the incompetent's guardian
  46. how do you serve a confined incompetent
    serve the superintendent/ supervisor of the place where the incompetent is confined AND the incompetent
  47. how do you serve an incarcerated person
    serve the superintendent/ supervisor of the place where the incarcerated person is confined AND the incarcerated person
  48. how do you serve a corporation under rule 4
    serve the managing or general agent or any agent authorized to accept service
  49. how do you serve the state under rule 4
    serve the officer responsible for the administration for the dept/agency AND the attorney general
  50. how do you serve local govts. under rule 4
    serve the chief executive officer or clerk or attorney general if all parties cannot be located
  51. when is service by mail proper
    • - when the P files a written request to the clerk
    • - certified mail service is deemed complete and the answer clock starts on the day it was signed for
  52. which COA have a 2 year SOL
    • - torts
    • - wantonness
    • - fraud (discovery rule is 2 years from when P should have known of the fraud)
    • - wrongful death
    • - personal injury
    • - negligence
  53. which COA have a 4 year SOL
    • - consumer goods injury
    • - UCC claims
    • (parties can contract around that but they cannot set a shorter SOL than 1 yr)
  54. which COA have a 6 year SOL
    • - K not under seal
    • - trespass to person and property
    • - conversion
    • - intentional personal injuries
    • - actions against attys for neglect/omission of duty
  55. what is the SOL for a claim against a county
    1 year
  56. what is the SOL for a claim against a municipality
    6 months
  57. what is the SOL for medical malpractice
    • 2 years however:
    • if the med mal could not have reasonably been discovered w/i 2 years, then the SOL becomes 6 months after the date of discovery, provided that in no event may a case be filed more than 4 yrs after the act
  58. what are the minor exceptions to the medical malpractice SOL
    • - a minor under the age of 4 when the act occurred has until his 8th birthday
    • - the med mal SOL is subject to 6-2-8 which tolls the SOL for a minor
  59. how is the SOL tolled for one with a disability
    if a minor or insane AT THE TIME THE RIGHT ACCRUES, then given 3 years (or the SOL if shorter than 3 years) after the disability is removed
  60. how is the SOL tolled due to death
    • - SOL is suspended until there is a personal rep
    • - the time b/t death and grant of letters testamentary is not counted unless more than 6 months go by- SOL clock starts at 6 months
  61. is the SOL affected when a person is absent from the state
    yes, the time when a D is absent from the state is not included in the SOL
  62. what are rule 7 pleadings

    car att
    • - complaint
    • - answer
    • - reply to counterclaim
    • - answer to cross claim
    • - third party complaint
    • - third party answer
  63. what are the general rules of pleadings
    • - claims for relief must be short and plain statements showing pleader is entitled for relief - demand for judgment for relief requested 
    • - defenses must be short and plain statement or that the party is w/o knowledge of facts
    • - must list affirmative defenses or lose them
  64. what are fictitious parties
    • a party who is ignorant of the identity of an adverse party is allowed to assign a fictitious name to that party and amend the complaint after they get the name, even after the SOL has run
    • - P must be truly ignorant at time
  65. how are fictitious parties plead
    they must be in the caption AND at the very least a statement of the cause of action against them must be in the body of the complaint
  66. what is a compulsory counterclaim
    arises out of other party's claim's subject matter and are not subject to SOL (permissive counterclaims ARE subject to SOL)
  67. how do you plead special matters
    • - fraud and mistake must be plead with particularity and must be specific
    • - malice, intent, knowledge and other conditions of the mind can be plead generally
    • - damages for specific matters must also be plead specifically
    • - you don't have to plead capacity but opposing party can attack it
  68. how is time computed for filings
    • - the day of filing is not counted
    • - if time limit is less than 11 days, weekends and holidays are excluded; if more, then all days are counted
    • - if ends on a weekend or holiday, then due on the next business day
    • - if serving by mail, add 3 days
  69. when must an answer be served
    • - in circuit, 30 days
    • - in district, 14 days
    • - same time limits if answering a counterclaim

    (fed- 20 days)
  70. how long does a party have to respond to a motion for judgment on the pleadings
    10 days
  71. what is a counterclaim by pleading
    it is a counterclaim that matured after the pleading; may get leave of the court to file

    (same rule for omitted counterclaim)
  72. are cross claims compulsory
    never- they are always permissive
  73. how does AL define res judicata
    • - prior judgment on the merits
    • - rendered by a court of competent juris
    • - with substantial identity of the parties
    • - with the same COA presented in both actions
  74. what is the logical relationship test for determining if a counterclaim is compulsory
    • - its trial in the original action would avoid a substantial duplication of effort
    • OR
    • - the original claim and counterclaim arose out of the same aggregate core of facts

    this is determined by whether the facts taken as a whole serve the basis of both claims or the sum total of facts upon which the original claim rests creates a legal claim that would otherwise be dormant
  75. how is collateral estoppel established
    • - an issue in a prior action was identical to the issue litigated in the present action
    • - the issue actually was litigated in the prior action
    • - resolution of the issue was necessary to the prior judgment
    • - the same parties were in both actions
  76. what is the mutuality of estoppel requirement
    parties must be identical in both actions unless one party is in privity with a named party and then they will be bound by estoppel

    collateral estoppel is not available when the same parties, or their privities, are not involved in both suits
  77. what is rule 14 third party practice
    • - the liability of the D must de dependent on the outcome of the P's claim against the D/3d party P
    • - must serve within 10 days of original answer or get leave of the court
  78. what is Rule 15 relation back of amendments
    • -even if the SOL has run, an amendment is allowed if it arose out of the conduct, transaction or occurrence set forth in the original pleading
    • - can also be related back amendment when it states the same substantial facts in a different pleaded form
    • - cannot amend an answer to add in new affirmative defenses
    • - can amend past SOL to change/add a theory/claim/defense IF it arises out of the conduct/transaction/occurrent and it was attempted to be set forth in the original pleading
  79. what is the general rule with amended pleadings
    • - generally, the amended pleading takes the place of the original one, as if the original one never existed
    • - however, you can file an amendment to a pleading and incorporate the amendment with the original pleading
  80. explain rule 18 joinder of claims
    may join as many claims, either legal or equitable, that a party may have against another

    (cannot try liability of insurance w/car wreck- they can be "joined" but tried separately)
  81. what is the appropriate remedy if claims are not joined properly
    severance of the claims or remained joined but have separate trials for each
  82. explain rule 19 joinder of persons for just adjudication
    • all parties w/i the court's juries SHALL be joined if:
    • - in the person's absence, complete relief cannot be accorded among the existing parties
    • - the person claims an interest relating to the subject of the action and disposition of the action could impair or impede the person's ability to protect that interest
  83. what happens if a person refuses to be joined as a P
    that person could be made a D or an involuntary P
  84. explain rule 20 permissive joinder for Ps
    Ps may be joined if they assert any right to relief jointly, severally or arising from the same transaction
  85. explain rule 20 permissive joinder for Ds
    Ds may be joined if there is a claim asserted against them jointly, severally or arising in the same transaction
  86. Explain rule 21 misjoinder and non-joinder
    • - these are not grounds for case dismissal
    • - parties may be dropped or added by order of the court at any stage in the proceeding and on just terms
  87. what is rule 22 interpleader
    • - a person having claims against the P may be joined as a D and required to inter plead when it may expose the P to double jeopardy or multiple liability otherwise
    • - D subject to the same liability may obtain such interpleader by cross or counter claim
  88. Rule 23 Class Actions- when can there be a class
    • - the class is so numerous that joinder is impractical
    • - there are questions or law/fact common to all
    • - claims or defenses of the representative parties are typical of the class
    • - the representative parties will fairly and adequately protect the interests of the class
  89. Under rule 23, what does it take for the court to chose a person as the representative of a class other than just the adequacy to represent the class and prosecute the claims
    court must take into consideration if there are any individualized defenses against rep, whether certain indiv. issues will receive inordinate amount of attention and whether the rep will be able to establish the bulk of the class member's claims through his own
  90. what are the 3 types of classes
    • - mandatory: no opt out and no notice required; used for limited fund cases or seeking injunctive or declaratory relief
    • - mandatory: no opt out and no notice required; used for constitutional and civil rights
    • - damages: allows opt out and requires notice w/common issues predominating the case and the class action must be a superior method for obtaining relief
  91. what is rule 42 consolidation
    the court may order all actions involving a common question of law or fact to avoid unnecessary costs or delay (allowed in district court as well as circuit)
  92. what is rule 42 separate trials
    • - court may order separate trials of any claims, always preserving the right to a jury trial
    • - applies in district court too (not the jury part)
    • - this rule, while the courts have almost unlimited freedom to apply it, is only to be used in the interest of judicial efficiency
  93. when is rule 64 seizure used
    it can be requested during trial or after to seize property so that it is not disposed of during the proceedings
  94. what is the procedure for a rule 64 seizure
    • - file an affidavit describing the property
    • - file a statement of title showing P owns the property or has an interest in it
    • - file a statement specifically showing how it is wrongfully detained by D
    • - file a statement of risk of injury w/specific facts to support it
  95. what are the types of rule 65 injunctions and what is the process/order of them
    • - temporary restraining orders with notice
    • - preliminary injunction issued with notice
    • - permanent injunction

    process: file them in that order
  96. how can you get a TRO issued without notice
    if it clearly appears from specific facts that immediate and irreparable harm will stem from notice and the applicant's atty certifies to the court in writing the efforts, if any, which have been made to give notice and reasons why notice should not be required

    think domestic abuse and something about to be torn down
  97. what does rule 17 say about the parties and capacity requirements for an action
    every action must be commenced by a real party in interest and every party must have capacity to be a party
  98. how is capacity determined
    by AL law- the age of majority is 19
  99. what happens if a party is a minor or incompetent
    • - the court may appoint a guardian ad litem 
    • - minors over the age of 14 have a right to select their GAD w/i 30 days or else one will be appointed by the court (14 days in district)
  100. can a party be substituted due to death or incapacity
    yes, rule in both is that a motion for substitution must be made within 6 months of death or incapacity
  101. when and how can an action for the wrongful death of a minor be filed
    • SOL: 2 years
    • if the parent(s) do not file w/i 6 months, then the dead kid's personal rep can and the rep's suit will bar any subsequent claims
  102. what about a wrongful act/omission/negligence causing the dead person's death
    • - still 2 year SOL- that's not going to change
    • - the personal rep can commence the action as long as dead guy could have if he wasn't dead
    • - damages recovered are not subject to debts but instead are distributed by statute
  103. what about property damage that occurred during the act that killed the person
    the personal rep can recover for that too
  104. who can bring a dead person worker's comp claim
    only the dead and injured person's dependents can bring the claim
  105. what claims survive death
    • - all non-equitable claims filed
    • - claims not filed based on implied or express K
    • - all personal claims except injury to reputation
  106. when can a final judgment be entered against the personal rep
    not until 6 months after the grant of letters testamentary
  107. snap! one D is dead. are the other Ds off the hook?
    nope. the death of 1 D does not abate the claim against the others OR against the dead D- the dead D's personal rep steps in his dead shoes
  108. how can discovery be obtained
    through depos, interrogs, production, requests for admissions, inspections, physical & mental examinations (no exams in district)
  109. what is the scope of discovery
    may obtain discovery regarding any matter relevant to the subject matter of the case that is not privileged
  110. what are the limitations to the scope of discovery
    • - if an undue burden or cost to produce, party that uses this limitation must show the court proof
    • - court can limit the frequency or extent if it is unreasonably cumulative, there are less burdensome sources or it is unduly burdensome
  111. can you discover an insurance policy
    yes but it is not by reason of disclosure admissible at trial
  112. are material produced in preparation of trial discoverable
    normally no, not unless the other side can show a substantial need for the materials and that he is unable w/o undue hardship to obtain the substantial equivalent of the materials elsewhere

    - when w/holding docs under privilege, must give opposing party description of docs upon written request
    - if opposing party gets privileged info, upon notice they must return it or destroy it and cannot use info from it
    • - protective orders may be issued by the court for good cause to protect a person from undue burden, expense, embarrassment or oppression
    • - motion for a PO MUST be accompanied w/a certification that the movant has conferred with other parties and attempted to resolve the issue before reaching out to the court
  114. does discovery, once turned over, have to be supplemented
    yes- parties are under a duty to seasonably supplement their discovery w/ info related to the identity and location of persons having info, expert witnesses, gets info that shows a prior answer is untrue or incorrect
  115. what does rule 27 discovery before action cover
    • - before filing an actual case, you can file a petition w/ the court, setting out parties' names, subject matter, petitioner's interest and facts expected to be elicited
    • - upon leave of the court, the petitioner can then take depos and written discovery
  116. when does discovery start after an action is filed
    • - immediately for written discovery, as interrogs can be served with complaint
    • - depos by D can start once they are served
    • - depos by P must be 30 days after service unless the court gives them leave to do earlier
    • - Fed: must wait until discovery conference
  117. what is a deposition upon oral examination
    the taking of sworn testimony outside of the court, with a court reporter to record the testimony
  118. how is an oral depo commenced
    • - if depoing a party, by service of written notice
    • - if a non-party, by service of written notice AND a subpoena
  119. one what grounds may a non-party subpoena to a depo be quashed
    • depo is more than 100 miles away from:
    • - their home
    • - their job
    • - where they were served
  120. what about if deposing an organization
    you send the notice to the organization, designating the subject matter of the depo, and the organization must ten designate a deponent
  121. how do you get a non-party to produce documents produced at a depo
    you file a subpoena duces tecum
  122. how do you get a party to produce docs at a depo
    file an accompanying RPD with the notice of depo

    (in Fed, file a rule 34 RPD 30 days before depo)
  123. how can a depo be used at trial
    • - impeach the deponent
    • - any purpose if the deponent is the adverse party
    • - any purpose, regardless if adverse party or not, if deponent is unavailable to testify
  124. when can a depo of one unavailable to testify not be allowed at a trial
    when the deponent's absence was procured by the party seeking to admit the depo
  125. what objections are waived if not raised at the depo
    those that can be cured at the depo, like the form of a question or qualifications of the court reporter
  126. what does it mean when an objection at a depo is preserved
    no need to object at the depo- object when the depo is trying to be used at trial for things like evidentiary admissibility or W competency
  127. what is the usual stipulation
    parties stipulate that during the depo they will only object to things that can be remedied at the depo, like leading questions, and save the rest for objecting at trial
  128. a lawyer may instruct a witness to not answer at a depo to:
    • - preserve a privilege
    • - enforce a court ordered limitation on discovery
    • - suspend the depo and file a motion for a protective order
  129. what are depos upon written questions
    a list of questions made in advance that all parties look at and these are the only questions allowed at the depo
  130. what is the procedure for a depo upon written questions
    • - must serve with notice
    • - party may serve cross questions w/i 15 days
    • - party may serve redirect questions w/i 10 days after being served with cross questions
    • - parties may serve recross questions w/i 5 days
  131. what are the rules regarding interrogatories
    • - must be served on a party
    • - if P, must respond w/i 30 days
    • - if D, must respond w/i 45 days if interrogs were served with complaint (SWC)
    • - no more than 40 questions allowed (fed 25)
    • - may be used at trial
  132. what is the procedure for a request for production of documents on a party
    • - P has 30 days to respond
    • - D has 45 days to respond if SWC
    • - if electronic, need not produce both electronic and printed versions- produce in ordinary or reasonably usable form unless otherwise requested
  133. what is the procedure for a request for production of documents on a non-party
    • to issue a subpoena duces tecum:
    • - must give 15 days notice to other parties of intent to file
    • - parties then have 10 days to object
    • - in absence of objection, clerk issues subpoena

    (fed: prior notice is served on all parties)
  134. what are the requirements to get a court to order a physical or mental exam
    • - can only be done in AL circuit
    • - must be a party or person in the party's control (party is the rep of person)
    • - must show the party's physical/mental health is in actual controversy 
    • - must show good cause/reason for wanting the exam
  135. how does a court ordered exam affect doctor patient privilege
    if the party being examined requests a copy of the examining doctor's report, then the party waives his doctor-patient privilege with any of his own doctors regarding the same condition
  136. what is the time in which to respond to a request for admissions
    if a reply is not filed within 30 days (45 if SWC in AL) then the matter is considered admitted
  137. how does a party handle a discovery request for privileged material
    • the party must state the claim expressly and need only provide a description of the privileged docs if the requesting party makes a written request for a description
    • (fed ct- must always provide a description of the nature of the docs not produced)
  138. is there a duty to supplement discovery already produced
    yes, you must supplement written disc. only
  139. what is the claw back provision
    if a party gets privileged info, once notified, the party must return/destroy the info and cannot use it
  140. when does one file a motion for protective order
    when discovery requests are overly broad or against privilege
  141. what are the two reasons to file a motion to compel
    • - partial violation, where receiving party answers some requests and objects to others
    • - total violation, where receiving party fails completely to respond
  142. what does the effort to confer mean
    when a movant files a MTC or a MPO, the movant must certify that he has, in good faith, tried to confer with the opposing party to resolve the discovery dispute
  143. what is the difference between a first voluntary dismissal and a second one
    • - first one is of right if filed before D answers and is without prejudice
    • - second one is with prejudice
  144. what happens if P voluntarily dismisses and a counterclaim has been filed
    court may dismiss the P's claim while leaving the counterclaim
  145. what is an involuntary dismissal
    a judgment against the D for failure to