Rule Rule 1

Description Scope: the rules govern procedure for all civil cases in the US district courts

Case / Notes

Scope and Purpose of the Rules Objective: to secure the just, speeding and inexpensive determination of every action

Rule 8 General Rules of Pleading

(a) Claims for Relief 1. short and plain statement re jurisdiction 2. short and plain statement of the claim entitling relief 3. demand for judgment for the relief (b) Defenses; form of denials (requirements of the denial) 1. the pleader shall state the defenses to each claim asserted and admit or deny the allegations 2. if the pleader is !o sufficient "no ledge or information, the pleader may so state. #n such a case, the court ill consider it as if the pleader denied the allegations 3. denials must challenge the su$stance of the denied allegations %. if the pleader intends to deny only a part of an allegation, he shall specify hat is true and deny only the remainder &. types of denials a. specific denial ' applying only to parts of the pleadings $. complete denial ' applying to the entire ( c. )eneral denial ' applying to the entire (, except paragraphs specified (c) Affirmative Defenses e.g., contri$utory negligence, duress, statute of frauds, statute of limitations, etc. *d) +ffect of failure to deny averments *assertion or allegation in a pleading) averments to hich a responsive pleading is required *except re damage) are admitted hen not denied averments to hich no responsive pleading is required shall $e ta"en as denied or avoided hen not denied in a pleading (e) leadin! to be Concise and Direct; Consistenc" 1. each averment shall $e simple, concise and direct

Use rule 8 for general claims: Breach of K, negligence, civil, etc. [these claims dont require a heightened pleading standard] Rule 8 !" requires that general denials must !e made in good faith

2. more than one statement of claim or defense may $e stated, and if at least one of the statements is sufficient as a statement of claim or defense, the pleading is not made insufficient even if there are other insufficient statements contained in it. *f) (onstruction of ,leadings pleadings construed to do su$stantial justice. Rule 9 Pleading Special Matters (b) #raud$ %ista&e$ condition of %ind in all averments of fraud or mistake, the circumstances *accusations) constituting fraud or mista"e shall $e stated ith particularity malice, intent, knowledge and other condition of mind of a person may $e averred *alleged) generally

8 e" #" is a fairness rule: allo$s parties to ma%e inconsistent pleadings !&c pleadings are made !efore parties have full %no$ledge re facts of the case Use Rule ' for speciali(ed claims that require heightened pleading standards: fraud or mista%e) federal statutes Olsen v. Whitney Aircraft: $ho, $hat, $hen and $here * particularit+ ,olic+ arguments: -raud claims are disfavored .ssence of fraud: someone is concealing something, therefore, /ts not as eas+ to prove

Rule 11 Signing of pleadings, Motions; Representations to Court; Sanctions

(a) Si!nature (b) Representations to Court $y presenting to the court a pleading, an atty or unrepresented party is certifying to the $est of that person-s "no ledge, information, and $elief, formed after an inquiry reasonable under the circumstances 1. it is not $eing presented for any improper purpose *e.g. to harass, cause unnecessary delay or needless increase in the cost of litigation) 2. the claims, defenses and other legal contentions are arranted $y existing la 3. allegations have evidentiary support %. any allegations denied $y the . are true (c) Sanctions if after notice and a reasona$le opportunity to respond, the ct

Rule 00 is aimed at cur!ing a!uses to the 1udicial s+stem 2thin% !efore +ou file3 4u!stantive issue four reqmts": 0. 5o /mproper ,urpose #. $arranted !+ e6isting la$ 7. supported !+ evidence 8. 9: denied allegations are true Rule 00 !" #" : onl+ the attorne+ gets sanctioned, and not the client

Rule 11 (cont) Signing of pleadings, Motions; Representations to Court; Sanctions

determines that *$) has $een violated, the court may impose a sanction (') (o) *nitiated (A) b" %otion: /motion shall $e made separately from other motions /motion shall descri$e specific conduct alleged to violate su$division *$) /motion shall not $e presented to the ct unless !in 21 days after svc the challenged item is not ithdra n or appropriately corrected [safe harbor provision] /ct may a ard prevailing party reas expenses and atty-s fees incurred in presenting or opposing the motion /a la firm shall $e held jointly responsi$le for violations committed $y its partners, associates and employees (+) On t,e Court-s *nitiative: /ct may enter an order descri$ing the specific conduct that appears to violate su$division *$) and directing a party, atty or firm to sho cause hy it has not done so. (.) Nature of Sanction /sanction to $e limited to hat is sufficient to deter repetition of such conduct $y others similarly situated /monetary, non/monetary, order to pay the court, order directing payment to movant for fees 0 costs *1) 2onetary Sanctions may not $e a arded against a represented party for violation of su$division*$)*2) 3claims arranted $y existing la 4 *5) 2onetary sanctions may not $e a arded on the ct-s initiative unless the ct issues its order to sho cause $efore a voluntary dismissal or settlement of the claims made $y or against the party or attys that are to $e sanctioned (/) Order 0 hen imposing sanctions, the ct shall /descri$e the conduct determined to constitute a violation of this rule and /explain the $asis for the sanction imposed *d) #napplica$ility to 6iscovery ' this rule doesn-t apply to anything

4anctions must !e filed as a separate motion

4afe har!or provision : motion for 00 !" sanctions can onl+ !e filed if the pleading is not corrected $&in #0 da+s of service

00 c" #" ; 4afe har!or provision doesnt appl+ $hen the court orders the proceeding

Business Guides v. Chromatic: <eath ,enalt+ 4anction complaint $as dismissed $ith pre1udice" ,olic+ issues surrounding Rule 00: -avors clients and att+s $ho have the means to e6ploit it Rule 00s impact on att+ client relationship =on: adversarial relationship : forced to question $hat the+ sa+ ,ro: encourages att+s to !e more candid $& their client re the strength of the case

Rule 1 !efenses and "#$ections

Rule 1% Pretrial Conferences; scheduling; &anage&ent

covered under rules 27 ' 38 (a) time frame for parties to respond 1. . shall serve an ans er9 1. !in 2: days after $eing served ! the summons and ( or ithin 7: to ;: days *see rule) 2. </( ans er ithin 2: days *see rule) 3. US, officer or an employee of ans er !in 7: days (b) ,o) presented (pre1ans)er motions) all defenses must $e made in the ans er, +<(+,=9 1. lac" of su$ject matter jurisdiction 2. lac" of personal jurisdiction 3. improper venue %. insufficiency of process &. insufficiency of service of process 7. failure to state a claim upon hich relief can $e granted (e) %otion for more definite statement (a pre1ans)er motion) 1. this motion can $e made if -s pleadings are so vague or am$iguous that . cannot reasona$ly frame a response 2. =he motion must point out the defects in -s pleading 3. #f granted, the must re/plead ith in 1: days of the notice of motion *other ise the court may stri"e pleadings or ma"e any other order) (!) %otion to stri&e (a pre1ans)er motion) the court may order something to $e struc" from the pleadings if it contains 1. insufficient defenses 2. redundancies 3. immaterialities %. scandalous matter (b) sc,edulin! and plannin! if the court requires, the judge shall enter a scheduling order regarding9 1. join other parties and amend pleadings 2. file motions 3. complete discovery %. modify9 a. disclosure times created in 27*f) conference $. the extent of discovery permitted &. include dates for pre/trial conferences and trial dates

5ote: not ever+ client is a good client >there can onl+ !e one pre;ans$er motion .6ception to one pre;ans$er motion o ?nce +ou get a more definite statement in a second =, can file for defenses that $ere not availa!le to +ou $hen +ou received the first = 0# !" states si6 defenses $hich ma+ !e raised prior to filing the ans$er ho$ever, the+ ma+ also !e raised in the ans$er" Motion to dismiss / demurrer * Rule 0# !" @" motion Rules 12(e) motion for more definite statement" and 12(g) motion to stri%e" are pre;ans$er motions and $a+s to raise a defense !efore filing an ans$er.

7. include any other appropriate matters under the circumstances the order shall $e made 1S1,, after the >ule 27*f) conference, yet no more than 12: days after the complaint has $een served /1?6/ ;: days after the . has made and appearance a schedule shall not $e modified except upon a sho ing of good cause and $y leave of a district judge /@>/ hen authoriAed $y a local rule, $y a magistrate judge (a) R234*R2D D*SC5OS4R2S 6 methods to discover a party must provide, ithout aiting for discovery request, Rule % *1) initial disclosures *1) People ' *name, address, phone num$er and General Pro'isions su$ject matter of the information) li"ely to have Go'erning !isco'er(; discovera$le information that the disclosing party may use to support its claims or defenses !ut( of !isclosure note9 this does not include people ! info that ill $e used only to impeach other testimony *5) Relevant Documents, data, and tangi$le things that are in the possession, custody or control of the party, and the disclosing party may use to support its claims or defenses note9 this does not include people ! info that ill $e used only to impeach other testimony *() Materials from hich computation of damages arose, unless privileged or protected *6) nsurance !greements hich may indemnify or pay part of judgment *+) "#emptions from nitial Disclosure *made !in 1% days) *i) action for revie on an administrative record *ii) petition for ha$eas corpus *or other proceeding to challenge a conviction or sentence) *iii) action $rought $y a person in the custody of

Rule %(a) contd

the US or a state !o counsel *iv) action to enforce or quash an administrative summons or su$poena *see rule for the rest, it-s mostly crap) +xceptions9 initial disclosure rules do not apply9 in cases specified in >ule 27*a)*1)*+) if the parties stipulate other ise if the court orders other ise =iming9 disclosures shall $e made ithin 1% days after the meeting of the parties *per >ule 27f) a different time may $e set $y stipulation or court order if a party o$jects to initial disclosures in general during 27*f) conference, the court sets the time for disclosures after deciding on the o$jection if a party is served or joined after 27*f) conference, initial disclosures must $e made ithin 3: 61BS after $eing served or joined, unless other ise stipulated or ordered ?ote re information provided9 1CC reasona$ly availa$le information must $e su$mitted. #t-s ?@= a valid excuse that investigations are not fully complete, or an opponents discovery is insufficient, or opponents failed to su$mit discovery (.) Disclosure of 27pert 8estimon" *1) a party must disclose the identity of all expert itnesses ho may $e used at trial *5) +xperts must su$mit and sign a ritten report containing a complete statement of all opinions hich may $e expressed at trial ' 1?6 / the $asis and reasons for the expert-s opinion ' 1?6 ' data and information on hich the opinion is $ased 5ote that information re non; testif+ing consulting" e6perts is 5?A required to !e given voluntaril+. Bo$ever, ma+ file rogs as%ing $ho the consulting e6perts are and their area of e6pertise.

Rule %(a) contd

exhi$its to $e used to support the opinions qualifications of expert, incl all pu$lications !in the past 1: years, 1?6 compensation to $e paid for the study or testifying, 1?6 a listing of all previous case hich the expert had testified *either at trial @> deposition) *() =he 6ue 6ate of expert disclosures, unless changed $y the court #nitial expert testimony9 at least ;: days $efore the trial >e$uttal expert testimony9 *responding to initial testimony) ithin 3: days of the initial expert disclosure (/) retrial Disclosure ' for evidence to $e used at trial, a party shall disclose and promptly file ! the court *1) the name, address and phone of each itness and the su$ject matter of their testimony separately indicating hich itnesses may appear at trial and hich may not *5) 6esignation of itnesses hose testimony is expected to $e $y deposition *() appropriate identification of each document and exhi$it, and summaries of evidence *6) other disclosure rules ,retrial disclosure must $e su$mitted at least 3: days $efore trial !in 1% days after pretrial disclosure, a party may file a list disclosing *i) any o$jections to the use of depositions *ii) any o$jections to the admissi$ility of materials * ! the reason for the o$jection) if o$jections are not made $efore 1% days, they are deemed to $e aived, unless excused for good cause (9) #orm of Disclosure; filin! ' all disclosures shall $e in riting, and signed, and

Rule %(#)

served and promptly filed in court (:) %et,ods to Discover Additional %atter 6 discovery may $e o$tained in one or more of the follo ing ays 6epositions ' oral or ritten *per rules 28, 2D, 3:, 31, 32) #nterrogatories ' ritten *rule 33) ,roduction of docs or things ' rule 3% ,ermission to enter ' upon land or other property for inspection or other purposes +xaminations ' physical and mental *rule 3&) >equests for admissions ' *>ule 37) (b) D*SCO;2R< SCO 2 AND 5*%*8S (') *n =eneral 1 party may o$tain disc re any matter that is o ?ot privileged ' 1?6 / o >elevant to the claim or defense of any party >elevant information need only to appear reasonably calculated to lead to evidenceE it does not necessarily have to $e admissi$le >elevant info can include info a$out o 5oo"s, docs or other tangi$le things, @> o =he identity of ppl ! "no ledge of any discovera$le matter =he court may also order disc of any matter Frelevant to the su$ject matter in the la suitG $ut only for good cause 1ll disc is su$ject to the limitations of rule 27*$)*2)*i), *ii), and *iii) (.) 5imitations Cocal rules or courts may change these rules $y setting limits on the num$er of requests for admissions *rule 37), $ut only courts can set limits on the length and number of depositions and interrogatories 6isc shall $e limited if the ct determines that *i) the discovery sought is

Rule #@ a" C" ; Da+s in $hich discover+ ma+ !e o!tained

Rule #@ !" 0" e6pands the scope of discover+ Blank v. Sullivan & Cromwell), Privilege e6ception narro$s the scope Steffan v. Cheney". Elso, class action cases ma+ !e entitled to !roader discover+. 5ote that $hen an issue is narro$, so $ill the scope of the discover+ !&c the issues and discover+ are lin%ed.

Rule #@ !" #" : limitations to discover+ ickman v. !aylor : tug!oat case" Rule: absent showing of need, an attorneys work product is beyond the scope of discovery. [trial preparation materials] Dor% product * mental

Rule %(#) contd

Unreasona$ly cumulative or duplicative ' @> ' @$taina$le from a more convenient or less expensive source / @> ' *ii) the party see"ing the discovery had an ample opportunity to o$tain the information sought ' @> ' *iii) such discovery ould $e unduly $urdensome or expensive in comparison to9 =he needs of the case =he amount in controversy =he limitations on the parties- resources =he importance of the issues at sta"e in the litigation =he li"ely $enefit of discovery ?ote9 the court may act on its o n initiative or pursuant to a motion to limit discovery (/)8rial reparation: %aterials ()or&1product) 6isclosure ' a party may o$tain disc gathered $y another party only upon sho ing that he o Has a Fsu$stantial needG for the materials to prepare his case ' 1?6 ' o (annot o$tain the Fsu$stantial equivalentG of the materials ithout Fundue hardshipG 6isclosure is limited to materials themselves. (ourts ill protect another party-s or" product *conclusions, theories of recovery, strategies, etc.) #f a party previously made a statement concerning the action or su$ject matter, he does not have to present a ne one hen o$taining another party-s materials o #f the other party denies the materials9 the party see"ing discovery may 2ove for a court order to o$tain the other party-s materials ' 1?6 ' 1pply for expenses incurred in relation to the motion *under >38a%) o 1 Fpreviously made statementG is *1) a Iritten statement signed or adopted $y

impressions "#$ohn Co. v. "nited States : the atty client privilege e6tended to communications !t$ counsel and all corporate emplo+ees, not 1ust managers

!ote re privilege" ,rivilege, unli%e trial preparation protection, cannot !e pierced !+ a sho$ing of need. ,rivilege, unless $aived, is a!solute Rule 2#(b)($) %hen atty %P (trial prep &aterials) can be discovered Dhere relevant and non privileged facts remain hidden in an att+s files [note that if the+ $ere privileged, then cant !e discoveredF] and $here production of those facts is essential to the preparation of ones case [might give more clues to the e6istence or location of relevant facts]

Rule %(C)

the person ma"ing it *5) a recorded transcript or recording of an oral statement $y the person ma"ing the Fsho ingG *n order to claim materials as >privile!ed? or to classif" t,em as >trial1preparation material? a part" must o +xpressly claim the reason for protection ' 1?6 ' o 6escri$e the nature of the documents and communications specifically enough to allo court to assess the applica$ility of the privilege or protection (9) 8rial reparation: obtainin! 27pert Opinions *1) 6epositions o 6epo-s of any person identified as an expert may $e ta"en and may $e used at trial o #f an expert disclosure report is req-d $y local rules, the depo shall $e conducted after the report is received *5) @ther party-s experts o 1 party may disc "no n facts, or opinions of another party-s experts *via depo or rogs) ho are ?@= expected to $e used at trial, $ut only if the party sho s e#ceptional circumstances that ma"e it impractical to o$tain the expert info himself *$y hiring his o n expert) *() =he court shall require the party requesting the information to pay the follo ing *i) a reasona$le fee to the expert for her time spent in responding to its disc requests ' 1?6 *ii) a reas portion of the experts fee to the other party for the expert opinions o$tained $y him (c) RO82C8*;2 ORD2RS >equirements for requesting ,@ o 1 2@=#@? for protection must $e made o Sho ing of )@@6 (1US+ o (ertification of )@@6 J1#=H +JJ@>= or attempt to settle the matter !o the court

2#(b)(') ( e)pert opinions *)perts testifying at trial" #@ !" 8" E" provides for additional discover+ from e6perts: testif+ing e6perts must su!mit to pretrial depo !+! testifying e)perts #@ !" 8" B" !hom#son v. the askell Co. an opposing part+s e6perts opinions or facts retained in anticipation of litigation non; testif+ing e6pert" can onl+ !e discovered if there are exceptional circumstances that ma%e it impractica!le for the part+ to discover the facts or opinions !+ other means. o .gs of e6ceptional circumstances: evidence that is lost or destro+ed Chi%uita : e6ceptional circumstances e6ception does not appl+ $here the part+ see%ing discover+ had an opportunit+ to e6amine the su!1ect of the e6perts opinion. case!oo% p. C88 ; polic+ args" Bo$ever, third part+ opinions are not protected 2#(c) Protective orders Bo$ do +ou !alance privac+ interests $ith full and complete disclosureG

Rule % (d), (e), (f)

1 court may ma"e any order which $ustice requires to protect any party from o 1nnoyance , @> o +m$arrassment, @> o @ppression, @> o Undue $urden or expense (ontrols hich courts may use to protect parties include one or more of the follo ing 1. that disclosure or discovery is not to $e had 2. disclosure or discovery may $e had only on specified terms and conditions 3. discovery $e had $y a certain method %. discovery scope $e limited to certain matters, prohi$iting inquiry to other matters &. discovery $e conducted in the privacy of a court designee 7. sealed depos only to $e opened $y court order 8. trade secrets or confidentiality not revealed, or to $e revealed in a specified manner D. parties file simultaneous specified documents and info in sealed envelopes to $e opened ! a court order (d) S2342NC2 AND 8*%*N= O# D*SCO;2R< unless the court allo s, or the parties agree, a party may ?@= see" discovery from any source until after a conference of the parties, per rule 27f the methods of discovery may $e used in any order, unless the court grants a motion $ased on o #njustice, @> o #nconvenience, @> o 6elays to the other party-s discovery (e) S4 52%2N8A8*ON O# D*SC5OS4R2S AND R2S ONS2S a party ho responded to a discovery request is required to supplement it ith ne information if *1) the party learns that the disclosed info or rogs are incomplete or incorrect, and ne info has not $een made or "no n to the other parties during discovery *or in su$sequent ritings)

,? encourages the introduction of evidence !+ attempting to eliminate relevant !ut tangential issues that ma+ !e sensitive to the $itness or part+ ,art+ opposing the ,? should al$a+s as% himself: can / o!tain the information in another $a+G Stalnaker v &'mart : Rule: a part+ see%ing a ,? must esta!lish good cause for the order [!&c it limits discv+] !+ su!mitting particular and specific demonstration of fact, as opposed to stereot+ped and conclusor+ statements. the court chose privac+ over full and complete disclosure !&c dealing $& a third part+ : not involved in the case" &alinauskas v. Won( ' Rule: ,u!lic policies favoring !road discover+ in federal civil case trump settlement agreements that prohi!it a part+ from disclosing an+ aspect of a settled case

Rule % (f) contd, (g)

@> *2) there ere incorrect or incomplete depos ! rogs of an expert for hich reports are required, per >ule 27a (f) %228*N= O# AR8*2S >ules o ,arties shall confer at least 21 days $efore scheduling a >ule 17*$) conference or order o ,arties shall consider =he nature and $asis of the claim =heir defenses ,ossi$ilities for a prompt settlement 6isclosure arrangements and the creation of a discovery plan o 1 court order may exempt the meeting 6iscovery proposals shall include 1. hat changes should $e made to rules$ 1?6 2. hat su$jects need discovery, 1?6 3. due dates and phases, 1?6 %. any protective orders needed 1ll parties or attorneys are required to set up the conference and ma"e a good faith effort to reach an agreement 1 discovery plan must $e su$mitted !in 1% days after the conference 1 court may order that the parties or attorney attend the conference in person #f necessary, the court may *$y local rule) *i) =he conference9 decrease the 21 day limit for the conference so that the rule 17$ conference occurs closer to the rule 27f conference @> *ii) =he ritten plan9 6ecrease the 1% day limit for the ritten plan , @> +xcuse the ritten plan, @> >equire and oral report on the discovery plan at the rule 17$ conference (!) S*=N*N= O# D*SC5OS4R2S$ D*SCO;2R< R2342S8S$

Rule #@ f" conference

Rule %(g) cont

R2S ONS2S AND O+@2C8*ONS 1. certification of disclosures every disclosure must $e signed $y at least one atty or the party if not represented, to $e valid the signature is a certification that to the $est of his "no ledge, information and $elief *formed after a reasona$le inquiry), the disclosure is complete and correct *as of the time it as made) 2. certification of discovery requests, responses or o$jections every discovery requires, response or o$jection must $e signed $y at least one atty or the party if not represented, to $e recogniAed $y the court the signature is a certification that to the $est of his "no ledge, information and $elief, formed after a reasona$le inquiry, the request, response, or o$jection is9 *1) (onsistent ! good faith and existing la , or a good faith argument to extend, modify or reverse an existing la *5) Has a proper purpose ' it is not used for purposes such as harassment, delay or to increase costs of litigation *() is not unreasona$le or unduly $urdensome or expensive hen considering the needs of the case, and the discovery already o$tained in the case, and the amount in controversy, and the importance of the issues at sta"e in the litigation an unsigned request, response or o$jection ill $e stric"en, unless it is signed promptly after the omission is $rought to the party-s attention. /A sanctions if rules are violated, appropriate sanctions *such as in rule 11) ill $e imposed $y / the court-s o n initiative

Rule 2#(g)($) discovery sanctions ,unishes parties for un1ustified requests and refusals even $hen the parties !ehavior does not violate the court order Ett+s fees are the most popular sanction for most violations of its o!ligations 5ote that Rule 7H sanctions also appl+ to discover+, !ut R7H sanctions are triggered

Rule )* + depos

Rule )* !epositions and "ral ,-a&ination

or / motion $y opposing side sanctions may include / an order to pay the amount of the reasona$le expenses incurred $ecause of the violation including reasona$le atty-s fees. (a) B,en 5eave ReCuired for Depositions *1) a party may normally ta"e depositions of anyone ithout leave of court. *2) Ceave of court is only required if9 *1) =he ,roposed depo ill result in more than 1: depo-s $y a party *5) the person to $e examined has already $een deposed *() 1 party requests to ta"e a depo $efore a >ule 27*f) discovery meeting, unless a witness is leaving the country and will not be available later *6) =he person to $e deposed is in prison (b) Notice of 27amination *1) )eneral >equirements ' see rule *2) 2ethod of >ecording ' see rule *3) 1dditional >ecordings ' see rule *%) 6eposition requirements ' see rule *&) ,roduction of documents o notice to a party deponent may $e accompanied $y a >ule 3% request for docs and tangi$le things * hich are to $e $rought to the depo) *7) 6epositions of @rganiAations ' see rule *re corps 0 $usinesses) *8) >emote 6epositions ' see rule (c) 27amination and Cross127aminations 6 see rule (d) Sc,edule and Duration 6 %otion to 8erminate or 5imit 27amination *1) @$jections ' see rule *2) =ime limit ' see rule *3) =he court may impose sanctions on deponents that impede or needlessly delay a deposition *%) 2otion to terminate examination ' see rule

!+ failure to ans$er or providing an evasive ans$er

Ens$ering questions under oath) therefore ma+ !e used against +ou at trial if +ou said sth different in +our depo [ma+ !e used to impeach +ou] %ritten depos" sent to the part+) s$orn !+ court officer) court officer $ould as% the questions) the attorne+ is not there ,i&its" ; Ahe total num!er of depos ta%en !+ one side ma+ not e6ceed 0I, unless that part+ see%s permission from the court. ; 5o person ma+ !e deposed a second time $&o the permission of the court or other side

Rule )) .nterrogatories to Parties Rule )/ Production of !ocs and 0hings and ,ntr( upon 1and for .nspection and "ther Purpose Rule )2 Ph(sical and Mental ,-a&ination of Persons Rule )% Re3uests for 4d&ission

(e) Revie) b" )itnesses / see rule (f) Certification and Deliver" b" Officer / see rule (!) failure to attend or serve ' see rule (a) Availabilit" (b) Ans)ers and Objections (c) 4se at trial (d) Option to roduce +usiness Records (a) Scope (b) rocedure (c) non1parties

,i&its" #C rogs per side, unless see% courts permission

(a) order of e7amination (b) Report of 27aminer (a) ReCuests for Admission (b) 2ffect of Admission

>court order is required for ph+sical and mental e6aminations =ons: mostl+ relates to general information) questions of la$ $ill pro!a!l+ !e denied ,ros: to clarif+ information eliminates undisputed issues Rule 7H sanctions are for failure to compl+ $& discover+ requests : triggered !+ failure to ans$er or an evasive ans$er

Rule )5 (a) %otion for order Compellin! Disclosure of Discover" Sanctions for failure 1. 1ppropriate court to Ma6e or Cooperate Ihere action is pending ' motion required here in !isco'er( deponent is a party Ihere deposition is pending ' motion required if 5ote that Rule #@ also contains deponent is not a party sanctions that appl+ to discover+ 2. 2otion #@ g" 7" applies to doc *1) if a party fails to disclose under 27a, the court may grant requests, o!1ections and for a motion to compel disclosure, upon sho ing a good faith responses effort to o$tain the discovery ithout the court-s help *5) #f a deponent refuses to ans er, a party may ma"e a this rule covers a !roader motion for an order compelling ans er. #f the court denies the range of discover+

motion, the deponent may $e granted a protective order under rule 27c. 3. evasive or incomplete ans er considered a failure to ans er %. expenses and sanctions if the motion is granted, or disclosure is made after the motion is filed, the party!deponent must pay reasona$le fees spent to ma"e the motion if the motion is denied and the motion is not su$stantially justified, the party ma"ing the motion must pay reasona$le fees spent to oppose the motion if the motion is denied in part and granted in part, expenses may $e reasona$ly apportioned all sanctions ill $e determined $y a court hearing. (b) #ailure to Compl" )it, Order 1. Sanctions $y (ourt in 6istrict here 6eposition is =a"en Jailure to $e s orn or provide an ans er is considered contempt in that court 2. Sanctions $y (ourt in 6istrict Ihere 1ction is ,ending, the court may a. (onclude that matters sought to $e discovered $y a party are to $e found in that party-s favor $. >efuse to allo the diso$edient party to support or oppose designated claims or defenses c. >ender a default judgment or stri"e a pleading d. Hold the diso$edient person in contempt of court e. >equire the opposing party to pay reasona$le attorney-s fees resulting from his diso$edience, U?C+SS the court finds the diso$edience su$stantially justified. (c) #ailure to Disclose *1) penalty for a party that does not disclose information *under rule 27a) =he non/disclosing party is not allo ed to use the undisclosed information as evidence at trial or at a hearing Sanctions may $e imposed if9 i. =here is no substantial $ustification not to

Blank v. Sullivan & Cromwell Rule $-(a) .otion to co&pel Before +ou file a motion to compel must give the other part+ notice to file motion to compel, E5< include a certification that +ou conferred $& the other part+ in good faith to resolve the dispute Rule $-(b) ( sanctions for failure to co&ply with order

Rule $-(c) ( sanctions for failure to disclose infor&ation

Rule /1 !is&issal of 4ctions

disclose the information '1?6/ ii. =he failure to disclose as harmful =he court may also impose other sanctions *see rule) (a) voluntar" dismissal *1) 5y or stipulation an action may $e dismissed $y the !o a court order $y9 *i) filing a notice of dismissal at any time $efore the service of an ans er or motion for summary judgment is made * hichever is sooner) /@>/ *ii) filing a stipulation of dismissal signed $y all parties ho have appeared in the action 6ismissal shall $e ithout prejudice, unless9 o @ther ise stated in the notice o =he notice of dismissal operates as an adjudication upon the merits o =he case is filed $y a ho has already dismissed the action for the same claim in another court =his su$section is su$ject to rule 23*e), rule 77, and any other U.S. statute *2) 5y order of (ourt Unless dismissed under %1*a)*1), an action shall only $e dismissed upon a court order. #f a counterclaim has $een pleaded $y the . prior to the service of the -s notice of dismissal, then9 o =he case cannot $e dismissed if the counterclaim cannot remain as an independent action o -s claim can $e dismissed if the counterclaim can remain as an independent action (b) *nvoluntar" dismissal . may move for a dismissal of any claim if o fails to prosecute, @> o fails to comply ! J>(, , @> o Jails to comply ! any court order

/oluntary 0is&issal under '1(a) is %123+42 pre5udice Jranted !+ the court 4tandard: Plain legal pre5udice [the court $ill allo$ a part+ to dismiss under 80 a" as long as there is no plain legal pre1udice to the 9] Rule '1(a)(1) limits s dismissal right to an earl+ stage of the proceedings : attempts to safeguard s right to terminate the proceedings $hile at the same time preventing ar!itrar+ dismissals K $asting cts time" after an advanced stage of the proceedings has !een reached Rule '1(a)(2) gives s an opportunit+ to dismiss la$suit !e+ond the earl+ stage of litigation $& onl+ the cts permission, to ensure that the dismissal $ould not pre1udice the 9.

1nvoluntary 0is&issal under '1(b) is %123 pre5udice ?rdered !+ the court Ahings to consider: pattern of neglect, pre1udice to the 9, att+s conduct re the case .ncourages s to pursue their

6ismissal under %1*$) is ith prejudice, unless the court o States other ise, @> o 6ismissed the case for lac" of jurisdiction, @> o 6ismissed the case for improper venue, @> o 6ismissed the case for failure to join a party *under rule 1;) (c) dismissal of counterclaims ' see rule (d) Costs of reviousl" Dismissed actions ' see rule Rule /2 (a) form; issuance Su#poena (b) Servin! t,e Subpoena (c) rotection of ersons Subject to Subpoenas (d) Duties in Respondin! to subpoena (e) contempt 1 Rule 2* (a) @NO;; Directed ;erdict 7udg&ent as a Matter *1) (ourt may grant a motion for a K?@L, if, after $eing of 1a8; 4lternati'e heard, there is no legally sufficient evidentiary basis Motion for 9e8 0rial; for a reasonable jury to have found for a party on a Conditional Rulings certain $asis. *contrary to controlling la ) (.) ReCuirements for a %otion for a @NO; a 2ust $e made before the case is su$mitted to the jury. ! 2ust specify the judgment sought c 2ust state the applica$le rule of la and its relationship to the facts d 2ust $e made after the non/movant has $een fully heard. (b) Rene)al for @ud!ment after trial; Alternative motion for ne) trial *1) >ene al of motion for Kudgment after =rial9 a if the original motion is denied, court is deemed to have su$mitted the case to the jury ! a jury verdict ill $e su$ject to a later determination of the legal questions raised $y the motion. c =he motion may $e Frene edG after the verdict $y filing and serving it ithin 1: days after entry

suit En involuntar+ dismissal $& pre1udice acts as a L on the merits and allo$s the scope of the claim to !e defined !+ the doctrines of former ad1udication rather than !+ the K of settlement.

verdict onl+ should !e directed if no rational !asis to find for the part+ not moving )ennsylvania ** v. Cham+erlain : Es a matter of la$, M could not sustain her !urden of proof !+ a preponderance of evidence $here the facts give equal support to each of t$o inconsistent inferences, a part+ has not sustained his !urden of proving facts !+ a preponderance of the evidence Rule CI !" ; E part+ $ho $ants to ma%e a motion for L5?N must first ma%e motion for <N at the close of the other parties case Unconstitutional for the court to re;e6amine the facts 5?A.:

of $udgment *2) 1lternative 2otion for ?e =rial ' may $e requested in the alternative or joined ith rene al of the motion. *3) Kudgment on the >ene ed 2otion a f a verdict is returned, the court may9 1. 1llo the original judgment to stand, or 2. 6irect entry of judgment as a matter of la *reversed), or 3. @rder a ne trial ! f no verdict is returned, the court may9 1. 6irect entry of judgment as a matter of la , or 2. @rder a ne trial (c) Conditions for !rantin! @ud!ment as a matter of la) *1) #f a motion for judgment is granted, the court may also rule on a motion for a ne trial *if it as made) as follo s9 a (ourt must decide hether a ne trial should $e granted if the judgment is vacated or reversed after the K?@L ! (ourt must descri$e specific grounds for granting or denying the motion for retrial c +ven if the motion for a ne trial is conditionally granted *i.e. the K?@L is later vacated or reversed), the judgment is still final. #f the K?@L is later reversed on appeal, the ne trial goes for ard *unless 1ppellate court ordered other ise.) d #f the motion for retrial is denied, the denial may $e appealed. #f the K?@L is later reversed on appeal, the appellate court determines hat su$sequent proceedings ta"e place. 1. #f judgment as a matter of la has $een rendered against a party, that party may serve a motion for a ne trial no later then 1: days after judgment has as entered.

the court can consider all of the evidence $hen granting L5?N Boein( Co. v. Shi#man , 4tandard: $hether reasona!le persons could differ) if the+ could, the court should defer to the 1ur+ on the ground that its mem!ers are reasona!le persons $hose verdict represents one of several reasona!le vie$s

(d) Denial of a motion for jud!ment as a matter of la) *1) =he successful party, may on appeal, request a ne trial, if9 the motion as denied, and the 1ppellate court finds that the trial court erred in denying the K?@L *2) #f the 1ppellate court reverses the trial court-s judgment it may also find that9 a =he 1ppellee is entitled to a ne trial, or ! =he trial court shall determine if a ne trial should $e granted. Rule 21 .nstructions to the 7ur( *1) 1t the close of evidence *as at earlier time as court allo s) any party may file a ritten request for the court to instruct the jury on a certain la . *2) ,rior to their arguments to the jury, the court shall inform counsel of its proposed action $ased on their requests. *3) =he court may instruct the jury $efore or after the arguments, or $oth. *%) @$jections to giving or failure to give jury instructions must $e made before the jury retires to consider its verdict. *&) @$jections must specifically state the ground for o$jection. Rule 2/ 7udg&ent; Costs (a) 2ntr" the cler" shall enter a default judgment hen9 a party has failed to plead *or other ise defend itself as provided $y the rules) ' 1?6 / affirmative relief is sought against the defaulting party ' 1?6 the fact that a party defrauded is provided $y an affidavit or other ise (b) rocedures for Default @ud!ment *1) +" t,e Cler& ' the cler" may enter default Kudgment if9 -s claim is for sum certain or computa$le amount / and ' <efault Ludgment is designed to goad the 9 into action) t+picall+ occurs $hen a 9 refuses to respond to his litigative cues

Rule 22 !efault

 files an affidavit ith the court requesting and attesting to the amount due / and / the . has defaulted for failure to appear / and / the defaulting party is not an infant or incompetent *2) +" t,e Court ' for all other cases, here the amount due is not certain9 =he party entitled to a K $y default shall apply to the court for judgment #f a party against hom a default K is rendered has already appeared, the defaulting party shall $e served ! a ritten notice of application for default K, at least 3 days $efore the hearing for default K. 6efault K cannot $e made against infants or incompetents, unless they are represented in the action $y a guardian or other representative ho has appeared =he court may conduct a hearing or order references $efore entering and default K, if necessary to o =a"e an account or determine the amount of damages ' @> ' o +sta$lish the truth of any averment ith evidence ' @> / o 2a"e an investigation on any other matter =he court shall extend the right to a jury trial hen any U.S. statute requires (c) Settin! Aside Default the court may set aside an entry for default K if )ood cause is sho n / @> / Cause under Rule DE(b) is sho n ' 3>ule 7:9 relief from Kudgment4 >ule 7: *$)M *1) there as mista"e, inadvertence, surprise or excusa$le neglect, / @> / *2) ?e ly discovered evidence as found, hich $y due

Rule CC c" and @I !" 8" )erlata v. ei(hts -ed. Ctr. : a 1udgment entered $ithout proper service is void

Rule 2% Su&&ar( 7udg&ent

diligence could not have $een discovered in time to move for a trial, / @> / *3) there as fraud, misrepresentation or other misconduct of an adverse party, / @> / *%) the K is void *e.g. jurisdiction is not appropriate), / @> / *&) +ither o =he K as satisfied, / @> / o =he K had $een released or discharged, / @> / o 1 prior K, upon hich the K s $ased, is reversed, /@> / o #t is no longer equita$le that the K should have prospective application, / @> / *7) there exists any other reason justifying relief from operation of the K (d) arties 2ntitled to Default @ud!ment 6efault Kudgment applies to the follo ing parties o ,laintiffs o =hird/,arty ,laintiffs o ,arties pleading (ross/claims o ,arties pleading (ounterclaims 6efault Kudgment is su$ject to >ule &%*c) limitations 3it cant exceed demand for judgment4 (e) @ud!ment a!ainst t,e 4nited States no default judgment shall $e entered against the U.S. )overnment, agency or officer, unless the claimant esta$lished a claim of right to relief ith evidence satisfactory to the court (a) for Claimant ( ): a party may move for SK after either9 2: days form commencement of the action, @> Service of a motion for SK $y the adverse party (b) for defendant: may move for SK at any time (c) %otions and roceedin!s a motion for SK must $e served to the adverse party at least 1: days $efore the scheduled hearings the adverse party may serve opposing affidavits at any time $efore the hearing

Rule C@ =" governs the movants !urden of production for 4L Celote. Cor#. v. Catrett Ootion for summar+ 1udgment not granted !&c 9 failed to meet its initial !urden of production under Rule C@ c" of sho$ing the a!sence of a genuine issue of material of fact !&c 9 made no effort to adduce an+ evidence in the

SK must $e $ased upon o ,leadings o 6epositions o #nterrogatories o 1dmissions o 1ffidavits SK shall $e rendered if, $ased on the a$ove9 o =here is no genuine issue of any material fact sho n 3discretionary4, / 1?6 / o =he moving party is entitled to a judgment as a matter of law (d) Case not full" adjudicated on motion #f only part of the case is adjudicated, the court shall determine hich facts remain at issue for trial =he judge shall file an order esta$lishing the Fadjudicated factsG and ho they affect the amount in controversy. (e) Defendin! %otion for S@ >equirements for 1ffidavits9 o 2ust include personal "no ledge of facts o Shall sho that the affiant is competent to testify o =he court may permit the affidavit to $e supplemented $y depositions, interrogatories, or other affidavits. >esponding to 2otion for SK o =he adverse party must set forth specific facts sho ing that there is a genuine issue for trial *cant rely on pleadings) o #f the adverse party cannot sho that there is a genuine issue, SK shall $e entered against him if appropriate *given an opportunity for discovery) (f) ),en affidavits are unavailable #f a party opposing a motion for SK can sho in its affidavit that it cannot o$tain affidavits containing facts essential to justify it-s opposition to SK, then the court may9 o >efuse the application for SK, / @> / o @rder a continuance to permit affidavits to $e o$tained *or other depositions or discovery to $e had), / @> '

form of affidavits or other$ise to support its motion the standard for granting summar+ 1udgment mirrors the standard for a directed verdict under rule CI a", in $hich 9 $ould not !e required to support its motion $& affidavits or other similar materials negating s claim. !he +urden is on / not 0 to (o forward w1 evidence as to 2s claim Burden of proof at trial ta%en and applied to 4L

3isser v. )acker 4n(ineerin( Assoc : /nformation in the affidavits of the emplo+ees $ere re1ected !&c the+ do not seem to !e !ased on %no$ledge of personal facts, as required !+ rule C@ e") rather, the+ are !ased on opinions and seem to !e self;serving and vindictive in nature) Ahis is a close case !&c the credi!ilit+ of $itnesses is supposed to !e 1udged !+ the trier of the facts *ule 567f) allows a #arty who +elieves it has insufficient o##ortunity for discovery to ward off summary $ud(ment

Rule 25 !eclarator( 7udg&ents

Rule 28 ,ntr( of 7udg&ent

o 2a"e such order as it deems just (!) affidavits made in bad fait, *to delay the proceeding) 1 party ma"ing an improper affidavit shall pay the other party-s reasona$le expenses *including atty-s fees) associated ith the motion for SK =he offending party or attorney may $e guilty of contempt / =he existence of another remedy does not preclude K for declaratory relief in cases here it is appropriate / =he procedure for o$taining a declaratory K pursuant to 2D US( 22:1 shall $e in accordance ith these rules / the court may order a speedy hearing of an action for a declaratory K, and may advance it on calendar / a jury trial may $e demanded *su$ject to >ule 3D and 3;) (') 8,e cler& s,all prepare$ si!n$ and enter jud!ment * ithout a aiting for the court-s direction to do so), upon9 =he court-s decision, if9 o =he decision as made ithout a jury, / 1?6 ' o =he decision either% 6enies relief, / @> ' 1 ards a certain sum =he )eneral Lerdict (.) 8,e @ud!e must first approve t,e cler&-s form if @ is entered upon: =he court-s decision *non/jury), or 1 special verdict, or 1 general verdict ! special circumstances +ach K shall $e recorded on a separate document =here shall $e no delays in entering orders to tax costs or a ard fees 1ttorneys may provide the form of judgments *to $e filed $y the cler") upon the judge-s approval Kudgment entry must $e done pursuant to >ule 8;*a) *a) =rounds 6 1 ne trial may $e granted on all or some of the issues in the follo ing instances9 *1) =rial 5y Kury ' allo ed for any reason courts have allo ed it until no . *2) =rial !o Kury 4tandard: verdict is against the great $eight of the evidence ,rocedural reasons:

Rule 29 9e8 0rial and 7udg&ent 4&end&ents

1llo ed for any reason the courts have allo ed a hearing ! Upon motion for ne trial, courts may9 1. @pen Kudgment, or 2. ta"e additional testimony, or 3. amend a finding of fact, or %. amend a finding!conclusion of la &. ma"e ne findings of fact or la 7. direct entry for a ne judgment *or affirm the original judgment) *$) 8ime 5imitation ' =he motion, no later then 1: days after entry of judgment (c) Servin! Affidavits *1) Ihen motion for ne trial $ased on affidavits, they must $e served ith the motion. *2) @pposing party has 1: days to serve opposing affidavits. *may $e extended to 2:) (d) Ne) 8rial on Court-s *nitiative *1) 2ay do so for any reason it ould have done for my motion *2) 2ay do so for reasons not in motion after giving notice and an opportunity to $e heard. *3) 2ust specify the grounds for its dicision *%) 2ust order ne trial no later then 1: days after entry of judgment. a Rule %/ Sei:ure of Person or Propert( Rule %2 .n$unctions ; 0R"s (a) reliminar" *njunction 1. notice is necessary 2. consolidation of hearing ith trial on merits *see rule) (b) 8emporar" Restrainin! Order may $e granted !o ritten or oral notice to the adverse party or that party-s attorney only if 1. it clearly appears from specific facts sho n that immediate and irrepara$le injury loss or damage ill result $efore the adverse party can $e heard in opposition 2. applicant-s attorney certifies to the court that efforts have $een made to give the notice and the reasons supporting the

1ur+ mem!ers participated in improper deli!erations

5ote: the standard for granting a ne$ trial is a lesser standard than that of granting a L5?N

E AR? is a preliminar+ in1unction entered e6 parte $&o notice"

claim that notice should not $e required (c) Securit" ,# or =>@ only issued if security *deposit of money, amt determined $y the court) for payment of costs and damages paya$le to a party ho is found to $e rongfully enjoined or restrained. *the government doesn-t need to post security to o$tain a =>@ or ,#) (d) #orm and Scope of * F 8RO must state reasons of issuance must $e specific in terms must descri$e in reasona$le detail hat is to $e restrained is $inding only upon parties of the actionM Rule %8 "ffer of 7udg&ent (settle&ent offer) ,laces consequences on Ms $ho turn do$n a good settlement offer earl+ on, 6oes not pertain to oral offers *must $e put into riting) Settlement offer must $e made more than 1: days $efore trial and then recover less mone+ than $as offered. offer to settle @ffer is ithdra n if not accepted !in 1: days of service if the judgment for the N is less than hat the . as illing to Policy arg" Ms shouldve accepted the offer !&c settle for, the N must pay the costs incurred after the litigation $asted costs for !oth parties settlement offer as made hen a judgment is made, $ut the amount has not $een Ahis rule allo$s 9s and not Ms to determined, the guilty party may ma"e a settlement offer, ma%e offers) Ms can ma%e informal hich ill have the same effect as an offer made $efore the offers, !ut the+ dont carr+ the trial, if it is served ithin a reasona$le time *at least 1: days sanctions and incentives of Rule @8 prior to the commencement of the hearings to determine the amount he-s lia$le for) *a) Ihenever a party to any proceeding in a district court ma"es and files a timely and sufficient affidavit that the judge $efore hom the matter is pending has a personal $ias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, $ut another judge shall $e assigned to hear such proceedings. *$) =he affidavit shall state the facts and the reasons for the $elief, and shall $e files no less then 1: days prior to the proceedings, of good caused for failure. 2ay only file one such affidavit in each case, ith a

8 <=S=C > 1// Bias or Prejudice of Judge

certificate of counsel. 8 <=S=C >/22 Disqualification of Justice *a) 1ny judge or magistrate must disqualify himself in any proceeding in hich his impartiality may $e questioned. 8n re 9effrey C. atcher/ Sr. 4tandard in appl+ing P 8CC a" is $hether reasona!le *$)Shall also disqualify himself9 mem!ers of the pu!lic $ould *1) ,ersonal $ias or prejudice against a party, or question the impartialit+ of the personal "no ledge of disputed evidentiary facts 1udge concerning the proceeding. ?!1ective standard) the part+ *2) He served as a la yer, or a la yer ith hom he see%ing to disqualif+ need not previously practiced la served during such matter, demonstrate actual !ias on the or $een itness concerning itE 1udges part *3) Served in governmental employment and in such ,?Q/=R: tr+ing to instill and capacity as advisor or material itness, or maintain the pu!lics expressed opinion concerning the merits of the confidence in the 1udicial particular case in controversy. s+stem *%) Has a financial interest. *&) He or his souse, or third degree of relationship, /n general, courts have found 8CC !" a$ove % criterion. easier to appl+ !&c its more specific it permits a part+ to see% *c) Kudge should inform himself of the personal and fiduciary recusal !+ !ringing specific financial interests, of his spouse or minor children living on the issues to the courts attention household. *d) 2eaning of ords and phrases9 *1) ,roceeding *2) 6egree of relationship *3) Jiduciary *%) Jinancial interest. *e) ?o justice, judge, magistrate shall receive a aiver for the reasons in *$), and if *a) then that is provided that there is a full disclosure of the $ias. *f) Jiduciary and financial interest. 6isqualification not required after su$stantial time in the proceedings if he divests himself form the interest. Kudicial proceedings of any State shall have the same full faith and /5ARELU</=/EQ B/E4 Ludicial attitudes acquired during litigation itself that are so disproportionate as to !e grounds for recusal 4tandard: Ludicial remar%s must reveal such a high degree of favoritism or antagonism as to ma%e fair 1udgment impossi!le

8 <=S=C >15)8

-astushita 4lec. 3. 4#stein : RUQ.:

Full Faith and Credit

credit in every court ithin the United StatesMas they have $y la or usage in the courts of such State...from hich they are ta"en.

/ <SC > 198)

= o ,rong =est = o allegations are required $y N to state a cause of action 1. Some person has deprived him of his federal right 2. =he person ho deprived him of that right acted under the color of the la

-ederal courts are required to give full faith and credit to state court Ls approving settlements, even if the+ release a claim $ithin the e6clusive 1urisdiction of federal courts Gome: v. !oledo Policy args" good faith /n general, good faith must !e plead !+ the 9 !&c in qualified immunit+ case P 0'87" there are t$o things ; the claim itself ; the affirmative defense of qualified immunit+ good faith is a part of qualified immunit+" /alue choice importance of the claim) ho$ man+ of the cases courts $ant to go to trial ; De thin% P 0'87 cases are important and $e are going to put the !urden of pleading on the 9 so that civil rights cases can !e !rought to suit ; /nsulate the pu!lic officials !alanced $ith the people $ho have had their civil rights violated ; /n fraud cases, , standard so high that sup court sho$s that the+ are not so concerned $& these t+pes of cases

<=S= Const= 4rticle .?, 1 Full Faith and Credit Act th 5 a&end&ent Facts not reexamined

Jull faith and credit shall $e given in each state to the pu$lic 1cts, >ecords and Kudicial ,roceedings of every other state 1nd the (ongress may $y general Ca s prescri$e the manner in hich such acts, >ecords and ,roceedings shall $e proved and the effect thereof ?o fact shall tried $y a jury shall $e other ise reexamined in any (ourt of the US, than according to the rules of the common la ;uentes v.Shevin : notice and the

1/th a&end&ent Due Process

6ue process clause ?o state shall deprive any person of life, li$erty or property !o due process of la

right to !e heard must !e provide prior to sei(ure of propert+ E significant deprivation $ill trigger the need for <ue ,rocess B-W v. Gore : <, clause of 08th amd prohi!its a state from imposing a grossl+ e6cessive punishment on a tortfeasor )erlata v. ei(hts -ed.Ctr : [actual harm comes from not !eing heard] RUQ.: E default 1udgment entered $&o notice or service to the 9 violates the <, clause