...t in federal court wants to file a summary-judgment motion after fact discovery closes. No local rule or scheduling order sets a different deadline. Which statement best describes Rule 56's default timing rule? The defau...
Citations: Fed. R. Civ. P. 56(b), Fed. R. Civ. P. 56(d)
...t in federal court wants to file a summary-judgment motion after fact discovery closes. No local rule or scheduling order sets a different deadline. Which statement best describes Rule 56's default timing rule? The defau...
Citations: Fed. R. Civ. P. 56(b), Fed. R. Civ. P. 56(d)
...ach-of-contract action governed by California substantive law. During discovery, Buyer seeks three emails from Seller. The first is from Seller's CEO to outside counsel asking how a proposed termination clause would affe...
Citations: Federal Rule of Evidence 501
...l the amount in controversy. Three months later, the plaintiff serves discovery responses showing for the first time that the amount in controversy exceeds $75,000 and complete diversity exists. Which statement best desc...
Citations: 28 U.S.C. 1446(b)(3)
...l the amount in controversy. Three months later, the plaintiff serves discovery responses showing for the first time that the amount in controversy exceeds $75,000 and complete diversity exists. Which statement best desc...
Citations: 28 U.S.C. 1446(b)(3)
After a full discovery period, a defendant in a federal toxic-exposure case moved for summary judgment. The defendant cited the plaintiff's discovery responses showing no expert witness, no medical causation opinion, and...
Citations: Fed. R. Civ. P. 56(c), Celotex Corp. v. Catrett
After a full discovery period, a defendant in a federal toxic-exposure case moved for summary judgment. The defendant cited the plaintiff's discovery responses showing no expert witness, no medical causation opinion, and...
Citations: Fed. R. Civ. P. 56(c), Celotex Corp. v. Catrett
After discovery in a federal breach-of-contract action, both parties move for summary judgment. The record contains signed contracts, emails, deposition excerpts, and competing declarations about whether delivery was acc...
Citations: Fed. R. Civ. P. 56(a)
After discovery in a federal breach-of-contract action, both parties move for summary judgment. The record contains signed contracts, emails, deposition excerpts, and competing declarations about whether delivery was acc...
Citations: Fed. R. Civ. P. 56(a)
The plaintiff properly demanded a jury trial. After discovery, the plaintiff decides a bench trial would be faster and files a unilateral withdrawal of the demand. The defendant objects.Which statement is most accurate?...
Citations: Fed. R. Civ. P. 38(d)
The plaintiff properly demanded a jury trial. After discovery, the plaintiff decides a bench trial would be faster and files a unilateral withdrawal of the demand. The defendant objects.Which statement is most accurate?...
Citations: Fed. R. Civ. P. 38(d)
During a federal deposition, plaintiff's counsel asked the defendant's employee about a nonprivileged meeting with a supervisor. Defense counsel objected that the question was irrelevant and instructed the witness not...
Citations: Fed. R. Civ. P. 30(c), Fed. R. Civ. P. 30(d), Fed. R. Civ. P. 37
During a federal deposition, plaintiff's counsel asked the defendant's employee about a nonprivileged meeting with a supervisor. Defense counsel objected that the question was irrelevant and instructed the witness not...
Citations: Fed. R. Civ. P. 30(c), Fed. R. Civ. P. 30(d), Fed. R. Civ. P. 37
In a federal antitrust case, the plaintiff served 40 interrogatories on the defendant. Several interrogatories asked the defendant to identify facts supporting its affirmative defenses. Others asked for sales figures...
Citations: Fed. R. Civ. P. 33
In a federal antitrust case, the plaintiff served 40 interrogatories on the defendant. Several interrogatories asked the defendant to identify facts supporting its affirmative defenses. Others asked for sales figures...
Citations: Fed. R. Civ. P. 33
...letion of internal chat messages after 30 days. After suit was filed, discovery showed that engineers had discussed the consumer's fire and similar battery failures in chat channels during the month after the demand lett...
Citations: Fed. R. Civ. P. 26(f), Fed. R. Civ. P. 37(e)
...letion of internal chat messages after 30 days. After suit was filed, discovery showed that engineers had discussed the consumer's fire and similar battery failures in chat channels during the month after the demand lett...
Citations: Fed. R. Civ. P. 26(f), Fed. R. Civ. P. 37(e)
...y protection by producing the email. How should the court resolve the discovery dispute? Discuss attorney-client privilege, ordinary and opinion work product, substantial need and undue hardship, and the consequen...
Citations: Fed. R. Civ. P. 26(b)(3), Fed. R. Civ. P. 26(b)(5), Fed. R. Evid. 502, Hickman v. Taylor, Upjohn Co. v. United States
...y protection by producing the email. How should the court resolve the discovery dispute? Discuss attorney-client privilege, ordinary and opinion work product, substantial need and undue hardship, and the consequen...
Citations: Fed. R. Civ. P. 26(b)(3), Fed. R. Civ. P. 26(b)(5), Fed. R. Evid. 502, Hickman v. Taylor, Upjohn Co. v. United States
...r moves to compel. The employer moves for a protective order limiting discovery to the manager's region, a three-year period, a...
Citations: Fed. R. Civ. P. 26(b)(1), Fed. R. Civ. P. 26(b)(5), Fed. R. Civ. P. 26(c), Fed. R. Civ. P. 34(b)
...r moves to compel. The employer moves for a protective order limiting discovery to the manager's region, a three-year period, a...
Citations: Fed. R. Civ. P. 26(b)(1), Fed. R. Civ. P. 26(b)(5), Fed. R. Civ. P. 26(c), Fed. R. Civ. P. 34(b)
A patent case is pending in federal court in State A. The plaintiff served a subpoena on a nonparty supplier headquartered in State B, seeking emails and design drawings. The subpoena commanded production at plaintiff...
Citations: Fed. R. Civ. P. 45
A patent case is pending in federal court in State A. The plaintiff served a subpoena on a nonparty supplier headquartered in State B, seeking emails and design drawings. The subpoena commanded production at plaintiff...
Citations: Fed. R. Civ. P. 45
A plaintiff in federal court alleges that a fall at the defendant's store caused permanent back injuries and seeks future medical expenses. The defendant wants an orthopedic surgeon to examine the plaintiff. The plain...
Citations: Fed. R. Civ. P. 35
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