KY Bar Civil Procedure 3

Question 1

A defendant is served with a complaint in federal court and does not file a waiver of service. How many days does the defendant have to serve an answer?

Accepted Answer

21 days after being served with the summons and complaint

Answer

Rule 12(a)(1)(A)(i) gives a defendant 21 days after service of the summons and complaint to respond, absent a waiver of service.

Question 2

A plaintiff seeks to amend her complaint 15 days after serving it, before the defendant has filed any response. What must she do?

Accepted Answer

Nothing beyond filing the amendment, because she may amend once as a matter of course

Answer

Rule 15(a)(1) allows one amendment as a matter of course within 21 days of serving the pleading or within 21 days of a responsive pleading or Rule 12 motion.

Question 3

During discovery, a party fails to disclose a witness required by Rule 26(a) initial disclosures without substantial justification. What is the presumptive sanction at trial?

Accepted Answer

The party may not use that witness unless the failure was substantially justified or harmless

Answer

Rule 37(c)(1) provides automatic exclusion of undisclosed witnesses or information unless the nondisclosure was substantially justified or harmless.

Question 4

A federal jury returns a verdict for the plaintiff. The defendant moves for judgment as a matter of law after trial, but never made such a motion before the case went to the jury. How should the court rule?

Accepted Answer

Deny the renewed motion, because a pre-verdict Rule 50(a) motion is a prerequisite

Answer

A Rule 50(b) renewed motion for judgment as a matter of law is available only if the party moved under Rule 50(a) before submission to the jury.

Question 5

A plaintiff sues in federal court, loses on the merits, then files a new suit against the same defendant on a different legal theory arising from the same transaction. What doctrine bars the second suit?

Accepted Answer

Claim preclusion (res judicata)

Answer

Claim preclusion bars relitigation of all claims arising from the same transaction that were or could have been raised in the first action between the same parties.

(KY Bar) Kentucky Bar Exam Practice Test

(KY Bar) Kentucky Bar Exam Practice Test

KY Bar Civil Procedure 3