CLA/CP Exam Civil Litigation Procedures 2 — Questions and Answers
Question 1: Under the Federal Rules of Civil Procedure, a defendant must file an answer within how many days after being served with the summons and complaint?
- 14 days
- 21 days (Correct answer)
- 28 days
- 30 days
Correct answer: 21 days
FRCP Rule 12(a)(1)(A)(i) requires a defendant to serve an answer within 21 days after being served with the summons and complaint.
Question 2: Which pretrial motion asks the court to dismiss a case because the complaint fails to state a claim upon which relief can be granted?
- Motion for summary judgment
- Motion in limine
- Rule 12(b)(6) motion to dismiss (Correct answer)
- Motion for directed verdict
Correct answer: Rule 12(b)(6) motion to dismiss
A Rule 12(b)(6) motion to dismiss argues that even if all alleged facts are true, the plaintiff has no valid legal claim.
Question 3: In federal court, what is the purpose of a Rule 26(f) conference?
- To argue dispositive motions
- To select the jury
- To develop a discovery plan (Correct answer)
- To schedule closing arguments
Correct answer: To develop a discovery plan
Rule 26(f) requires parties to confer and develop a proposed discovery plan before initial disclosures are due.
Question 4: A default judgment may be entered against a defendant who:
- Files a motion to dismiss instead of an answer
- Fails to plead or otherwise defend after proper service (Correct answer)
- Requests additional time to respond
- Files an answer with affirmative defenses
Correct answer: Fails to plead or otherwise defend after proper service
Under FRCP Rule 55, a default may be entered when a party fails to plead or otherwise defend after being properly served.
Question 5: Which type of discovery device requires a party to admit or deny specific statements of fact?
- Interrogatories
- Requests for admission (Correct answer)
- Depositions
- Subpoenas duces tecum
Correct answer: Requests for admission
Requests for admission under FRCP Rule 36 require a party to admit, deny, or explain why they cannot admit or deny each statement.
Question 6: What is a 'scheduling order' in federal civil litigation?
- A court order setting the jury selection date only
- A court-issued order establishing deadlines for discovery, motions, and trial (Correct answer)
- An attorney's internal case calendar
- A stipulation between parties about deposition timing
Correct answer: A court-issued order establishing deadlines for discovery, motions, and trial
Under FRCP Rule 16(b), the court issues a scheduling order that limits the time to join parties, amend pleadings, complete discovery, and file motions.
Question 7: When a party objects to an interrogatory as 'overly broad and unduly burdensome,' what must typically accompany the objection?
- A motion to dismiss the entire case
- A certificate of service on opposing counsel
- A specific explanation of the burden and, where possible, a partial answer (Correct answer)
- An immediate motion for a protective order
Correct answer: A specific explanation of the burden and, where possible, a partial answer
Courts require that objections be stated with specificity and that the responding party answer the non-objectionable portion of the interrogatory.
CLA/CP Exam Civil Litigation Procedures 2
Under the Federal Rules of Civil Procedure, a defendant must file an answer within how many days after being served with the summons and complaint?