CO Bar Civil Procedure 3

Question 1

Under C.R.S. § 13-80-103.5, the statute of limitations for an action on a written contract in Colorado is:

Accepted Answer

6 years

Answer

2 years

Answer

3 years

Answer

10 years

Question 2

Under C.R.C.P. 65(b), a Colorado court may issue a temporary restraining order without notice to the adverse party if:

Accepted Answer

Specific facts in an affidavit or verified complaint show immediate and irreparable injury before the adverse party can be heard, and the applicant certifies efforts made to give notice

Answer

The plaintiff establishes a high probability of success on the merits at a full hearing

Answer

The plaintiff files a surety bond in an amount set by the court

Answer

The court determines the defendant is likely to dissipate assets before trial

Question 3

Under FRCP 13(a), a counterclaim is compulsory if:

Accepted Answer

It arises out of the same transaction or occurrence as the opposing party's claim and does not require adding a party over whom the court cannot acquire jurisdiction

Answer

The defendant elects to assert it and it relates to the plaintiff's claim in any way

Answer

It would result in a monetary judgment against the plaintiff

Answer

The court determines the claim is logically related to the original complaint

Question 4

Under FRCP 24(a), a party is entitled to intervene as of right when:

Accepted Answer

The applicant's motion is timely, the applicant claims an interest in the action's subject matter, and disposing of the action may impair that interest without existing parties adequately representing it

Answer

The court finds that intervention would promote judicial efficiency

Answer

The applicant has a direct monetary claim against one of the existing parties

Answer

The applicant is a necessary party under Rule 19

Question 5

Under FRCP 55, a default judgment may be entered against a party who:

Accepted Answer

Fails to plead or otherwise defend within the time required after being properly served with process

Answer

Fails to prevail on a motion to dismiss the complaint

Answer

Refuses to comply with a discovery request for more than 30 days

Answer

Fails to appear at the initial scheduling conference

Question 6

Under the final judgment rule codified at 28 U.S.C. § 1291, the courts of appeals have jurisdiction to review:

Accepted Answer

Final decisions of the district courts that end the litigation on its merits

Answer

Any ruling made by a district court during the course of litigation upon a party's motion

Answer

Only interlocutory orders certified by the district court as involving a controlling question of law

Answer

Decisions granting or denying preliminary injunctions in all cases

Question 7

Under C.R.C.P. 11, a court may impose sanctions on a signing attorney or party when a pleading, motion, or paper:

Accepted Answer

Is presented for an improper purpose or contains claims not warranted by existing law or a nonfrivolous argument for modification of existing law

Answer

Is filed after the opposing party has objected to its content in writing

Answer

Contains factual allegations that are later disproven at trial

Answer

Is filed without first attempting to resolve the dispute through mediation