Bar Exam Pretrial Procedures Flashcards

When does an amended pleading "relate back" to the original filing date under FRCP 15(c)?

What does an attorney certify by signing a pleading, motion, or paper under FRCP Rule 11?

When can a party amend a pleading as a matter of course?

What happens when issues not raised by the pleadings are tried by express or implied consent of the parties?

What representations does an attorney or unrepresented party make to the court by presenting a paper?

When is the 'safe harbor' provision applicable regarding Rule 11 sanctions?

When is permissive joinder of parties allowed?

When is a party deemed necessary and required to be joined if feasible?

Under Rule 18, which additional claims may a party assert against an opposing party?

When is a counterclaim considered compulsory?

What four prerequisites must be met to maintain a class action under Rule 23(a)?

Under Rule 23(b), what are the three types of class actions?

What are the primary discovery methods in federal court?

What determines whether information sought in discovery is within the permissible scope?

When may a party bring a motion to compel discovery?

What is the effect of spoliation on a case where discoverable information is lost?

When can a temporary restraining order (TRO) be issued without notice to the adverse party?

What showings are required for a party to obtain a preliminary injunction?

What must be shown to modify a Rule 16(b) scheduling order?

What must be shown to modify a Rule 16(e) final pretrial conference order?