Civil Procedure Flashcards

Under Georgia's Civil Practice Act (O.C.G.A. § 9-11-12(a)), how many days does a defendant have to file an answer after service of the summons and complaint?

Answer: 30 days

O.C.G.A. § 9-11-12(a) requires a defendant to serve an answer within 30 days after service of the summons and complaint upon the defendant.

Under the Erie doctrine established in Erie Railroad Co. v. Tompkins, when sitting in diversity, federal courts must apply:

Answer: State substantive law but federal procedural rules

Erie Railroad Co. v. Tompkins (1938) held that federal courts exercising diversity jurisdiction must apply state substantive law while following federal procedural rules under the Federal Rules of Civil Procedure.

Under FRCP Rule 26(a)(1), which of the following must be included in mandatory initial disclosures without a discovery request?

Answer: The name, address, and telephone number of each individual likely to have discoverable information that the party may use to support its claims or defenses

Rule 26(a)(1)(A)(i) requires each party to disclose the identity and contact information of each individual likely to have discoverable information the party may use to support its claims or defenses.

Federal supplemental jurisdiction under 28 U.S.C. § 1367 allows a federal court to hear state law claims that:

Answer: Arise from a common nucleus of operative fact with claims over which the court has original jurisdiction

Under 28 U.S.C. § 1367 and United Mine Workers v. Gibbs, supplemental jurisdiction extends to state claims that form part of the same case or controversy as the federal claim, meaning they share a common nucleus of operative fact.

Under Georgia's doctrine of res judicata, a second lawsuit is barred when:

Answer: A court has rendered a valid final judgment on the merits of the same claim between the same parties or their privies

Georgia's res judicata doctrine bars re-litigation when there has been a final judgment on the merits between the same parties or their privies involving the same claim or cause of action.

Under FRCP Rule 23(a), which of the following is NOT a prerequisite for maintaining a class action?

Answer: Unanimity — all class members must consent to class treatment

Rule 23(a) requires numerosity, commonality, typicality, and adequacy of representation; unanimity of all class members is not required and would make class actions impractical.

Georgia's Long Arm Statute (O.C.G.A. § 9-10-91) permits a Georgia court to exercise personal jurisdiction over a nonresident defendant who:

Answer: Transacts any business within Georgia or commits a tortious act or omission within Georgia

O.C.G.A. § 9-10-91 extends Georgia's long arm jurisdiction to nonresidents who, among other acts enumerated in the statute, transact business in Georgia or commit a tortious act or omission within Georgia.