Civil Litigation Procedures Flashcards
7 cards from real CLA/CP Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Civil Litigation Procedures flashcards as text
In federal civil litigation, what is the standard for granting summary judgment under FRCP Rule 56?
Answer: There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law
Summary judgment is appropriate when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.
A 'motion in limine' is typically filed:
Answer: Before or during trial to exclude certain evidence
A motion in limine is a pretrial or mid-trial motion seeking to exclude prejudicial, irrelevant, or otherwise inadmissible evidence.
Under FRCP Rule 15, a party may amend its pleading once as a matter of course within how many days after serving it?
Answer: 21 days
Rule 15(a)(1) allows a party to amend its pleading once as a matter of course within 21 days after serving it.
What does 'service of process' accomplish in a civil lawsuit?
Answer: It officially notifies the defendant of the lawsuit and grants the court jurisdiction over them
Service of process provides formal notice to the defendant and establishes the court's personal jurisdiction over that party.
A paralegal notices that a statute of limitations deadline will expire in three days for a client's personal injury claim. The BEST immediate action is to:
Answer: Alert the supervising attorney immediately so the complaint can be filed
Statute of limitations deadlines are jurisdictional and cannot be extended by agreement; the attorney must be notified immediately to file the complaint in time.
What is the primary purpose of mandatory initial disclosures under FRCP Rule 26(a)(1)?
Answer: To require parties to share basic relevant information early without waiting for discovery requests
Rule 26(a)(1) initial disclosures require parties to voluntarily share witness names, document categories, damages computations, and insurance information at the outset of litigation.
In the context of civil litigation, what is a 'deposition upon written questions'?
Answer: A deposition where questions are submitted in writing in advance and answers are given orally before a court reporter
Under FRCP Rule 31, a deposition on written questions involves submitting the questions in writing; the deponent answers orally before an officer who records the testimony.