CIVIL PROCEDURE CLASS 15 Professor Fischer Columbus School of Law The Catholic University of America Sept. 26, 2005.

Slides:

Advertisements

Similar presentations

© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION LAW AND MOTION.

Advertisements

The Process of Litigation. What is the first stage in a civil lawsuit ?  Service of Process (the summons)

© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION ATTACKING THE PLEADINGS.

PA 106 – Unit 2. 2 State and Federal Courts 3 Trial Courts “Courts of record”-court reporters. “Courts of record”-court reporters. Opening and closing.

Advanced Civil Litigation Class 4Slide 1 The Complaint: General Points The Purpose of the complaint under the federal system and many state systems is.

Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Litigation and Procedure Discovery: Overview and Interrogatories Litigation and Procedure.

Pleadings Rule 11 Exercise. Rule 11 Exercise P, M, or OP Reasonable Investig’n ? Improper Purpose Type Alleg Denial Arg Do It Violates Rule 11 No Yes.

Pretrial Matters: Pleadings & Motions © Professor Mathis-Rutledge.

BAD FAITH PANEL I: TRENDS IN THIRD PARTY ACTIONS PLRB/LIRB/FDCC CRITICAL ISSUES FOR SENIOR INSURANCE EXECUTIVES AND IN-HOUSE COUNSEL SEMINAR October 23,

Foreign law in US courts Obligations of attorney Role of court in determining foreign law Judicial notice statutes – Compare to common law – Role of parties,

Motion to Compel A party is entitled to secure discovery from another party without court intervention.

Comparative Law Spring 2002 Professor Susanna Fischer CLASS 29 GERMAN CRIMINAL PROCEDURE III FRENCH CIVIL PROCEDURE March 26, 2002.

American Tort Law Carolyn McAllaster Clinical Professor of Law Duke University School of Law.

WHERE WE ARE Complaint Answer 12(b) Motions Amended Pleadings Pre-Trial Trial & Post-Trial Appeal.

CIVIL PROCEDURE CLASS 15 Professor Fischer Columbus School of Law The Catholic University of America Sept. 29, 2003.

Motion for Summary Judgment The Keys to Success. How does this work?  Summary judgments are governed by Rule 166(a) of the Texas Rules of Civil Procedure.

CIVIL PROCEDURE CLASS 9 Professor Fischer Columbus School of Law The Catholic University of America Sept. 20, 2001.

Wed., Sept. 3. Bell Atlantic Corp. v. Twombly (U.S. 2007)

Tues. Sept. 4. drafting a complaint Bell Atlantic Corp. v. Twombly (U.S. 2007)

1 Agenda for 7th Class Admin –Slides –Name plates out Work Product Experts Introduction to Sanctions.

CIVIL PROCEDURE FALL 2005 SECTIONS C & F CLASS 24 DISCOVERY V.

CIVIL PROCEDURE CLASS 17 Professor Fischer Columbus School of Law The Catholic University of America September 30, 2005.

CIVIL PROCEDURE CLASS 11 Professor Fischer Columbus School of Law The Catholic University of America Sept. 27, 2001.

CIVIL PROCEDURE 2002 Class 8 September 13, 2002 Professor Fischer.

CIVIL PROCEDURE FALL 2003 SECTION F CLASS 21 DISCOVERY III.

Chapter 3 Judicial, Alternative, and E-Dispute Resolution

CIVIL PROCEDURE CLASS 10 Professor Fischer Columbus School of Law The Catholic University of America Sept. 25, 2001.

1 Agenda for 6th Class Misc. –Name plates out Rule 11 examples (continued) Answer Intro to Amendment.

1 Agenda for 6th Class Misc. –Name plates out –Lunch Friday Rule 11 (continued) Answer Intro to Amendment.

CIVIL PROCEDURE CLASS 20 Professor Fischer Columbus School of Law The Catholic University of America October 11, 2002.

Tues. Nov. 19. discovery scope of discovery attorney-client privilege.

CIVIL PROCEDURE CLASS 15 Professor Fischer Columbus School of Law The Catholic University of America October 11, 2001.

Summary Judgment and Summary Adjudication LA 310.

CIVIL PROCEDURE CLASS 20 DISCOVERY I Professor Fischer Columbus School of Law The Catholic University of America October 7, 2005.

CIVIL PROCEDURE CLASS 17 Professor Fischer Columbus School of Law The Catholic University of America October 16, 2001.

CIVIL PROCEDURE SECTION F CLASS 13 Professor Fischer Columbus School of Law The Catholic University of America Sept. 21, 2005.

March 4, 2011 Civil Procedure.

1 Agenda for 8th Class Admin –Slide handouts –Name plates out Discovery –Review of Scope –Work Product –Experts –Intro to Sanctions.

CIVIL PROCEDURE CLASS 9 Professor Fischer Columbus School of Law The Catholic University of America Sept. 16, 2002.

CIVIL PROCEDURE CLASS 18 Professor Fischer Columbus School of Law The Catholic University of America October 8, 2003.

CIVIL PROCEDURE CLASS 17 Professor Fischer Columbus School of Law The Catholic University of America October 4, 2002.

CIVIL PROCEDURE CLASS 22 Professor Fischer Columbus School of Law The Catholic University of America October 16, 2002.

CIVIL PROCEDURE CLASS 14 Professor Fischer Columbus School of Law The Catholic University of America Sept. 27, 2002.

CIVIL PROCEDURE 2002 Class 21 October 15, 2002.

CIVIL PROCEDURE CLASS 16 Professor Fischer Columbus School of Law The Catholic University of America Sept. 28, 2005.

CIVIL PROCEDURE SECTION F CLASS 13 Professor Fischer Columbus School of Law The Catholic University of America Sept. 26, 2003.

CIVIL PROCEDURE FALL 2005 SECTIONS C & F CLASS 21 DISCOVERY II October 11, 2005.

CIVIL PROCEDURE CLASS 10 Professor Fischer Columbus School of Law The Catholic University of America Sept. 18, 2002.

CIVIL PROCEDURE FALL 2003 CLASS 3 (8/29/03) STAGES AND ESSENTIAL CONCEPTS OF A CIVIL ACTION Columbus School of Law The Catholic University of America Professor.

CIVIL PROCEDURE FALL 2003 SECTION F CLASS 22/23 DISCOVERY IV.

2004 Exam Waterstone Civil Procedure. Facts Jackson flashes breast. Carlin sues for IIED. Elements for IIED under TN law are intentional/reckless; not.

Chapter Twelve Civil Procedure Before Trial

Thurs., Aug. 29.

The Future of Civil Procedure

Thurs., Oct. 12.

Thurs., Sept. 5.

Thurs., Oct. 25.

Tues., Sept. 3.

Thurs. Sept. 6.

Thurs., Sept. 1.

Attorneys’ fees: When will you or your client be on the hook?

Introduction to GAP Associate Program

Thurs., Oct. 18.

Chapter 3 Judicial, Alternative, and E-Dispute Resolution

Presentation transcript:

CIVIL PROCEDURE CLASS 15 Professor Fischer Columbus School of Law The Catholic University of America Sept. 26, 2005

A Comparison of federal and state law on relation back - MA How does the applicable Massachusetts law in Christopher v. Duffy differ, if at all, from FRCP 15 (c )?

SUPPLEMENTAL PLEADINGS When and why would a court permit service of a “supplemental” pleading? What rule governs supplemental pleadings? MUST a party serve a supplemental pleading?

TIME LIMITS FOR RESPONDING TO AMENDED PLEADINGS How long does a party have to respond to an amended pleading? What is the governing FRCP?

Rule 11 of the FRCP Attorneys and parties are subject to certain PROFESSIONAL STANDARDS when filing PLEADINGS, MOTIONS and other LITIGATION DOCUMENTS as well as “LATER ADVOCATING” allegations in these documents in ORAL ARGUMENT Does not apply to DISCOVERY (11(d)) Failure to comply with Rule 11 MAY RESULT IN SANCTIONS against attorney, firm, party

MAJOR REVISIONS TO RULE (very stringent: mandatory sanctions requiring lawyers to conduct adequate factual and legal investigation before bringing civil lawsuits) 1993 (eased this stringency)

SIGNATURE REQUIREMENTS What signature requirements are laid down by Rule 11? What provision of Rule 11 provides for these signature requirements?

STANDARDS PLEADINGS MUST MEET: RULE 11(b) What does signing or filing a document with the court or later arguing on behalf of that document CERTIFY?

FRCP 11(b) certifications FRCP 11(b)(1): [the document] is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

FRCP 11(b) certifications FRCP 11(b)(2): the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law.

FRCP 11(b) certifications FRCP 11(b)(3): the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery

FRCP 11(b) certifications FRCP 11(b)(4): the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonable based on a lack of information or belief.

NONCOMPLIANCE WITH 11(b) What happens if a party or attorney violates any of the certification requirements in 11(b)?

NON-COMPLIANCE WITH FRCP 11(b FRCP Rule 11(c ) Attorney, law firm and/or party may be SANCTIONED! Sanctions are discretionary

RULES FOR SANCTIONS MOTIONS Separate motion 11(c)(1)(A) SAFE HARBOR RULE Sanctions motions must allege with specificity the alleged violations of Rule 11(b) Winning party may be awarded costs of sanctions motion 11(c)(1)(A)

COURT-INITIATED SANCTIONS If the court believes that Rule 11(b) has been violated, what is the procedure? Does the safe harbor apply to court-initiated sanctions? PLEASE NOTE: court-initiated sanctions are relatively rare and reserved only for grievously offending conduct similar to contempt of court

SANCTIONS Policy of deterrence Types of sanctions Limits on monetary sanctions

PROGRESS FEDERAL SAVINGS BANK v. NATWEST What is the court’s reasoning on sanctions in this case?