KY Bar Civil Procedure 4

Question 1

A Kentucky plaintiff sues a Tennessee defendant in Kentucky state court for $200,000. Within 30 days of service, the defendant may remove the case to which court?

Accepted Answer

The federal district court embracing the place where the state action is pending

Answer

Under 28 U.S.C. § 1441(a), removal is to the federal district court for the district and division embracing the place where the state action is pending.

Question 2

An in-state defendant is sued in his home state's court on a diversity claim. May he remove the case to federal court?

Accepted Answer

No, because the forum defendant rule bars removal of diversity cases by properly joined and served in-state defendants

Answer

Under 28 U.S.C. § 1441(b)(2), a diversity case is not removable if any properly joined and served defendant is a citizen of the forum state.

Question 3

A plaintiff's federal claim is dismissed, leaving only a related state law claim over which the court had supplemental jurisdiction. What may the court do?

Accepted Answer

Exercise its discretion to decline supplemental jurisdiction and dismiss the state claim without prejudice

Answer

Under 28 U.S.C. § 1367(c)(3), a court may decline supplemental jurisdiction once it has dismissed all claims over which it had original jurisdiction.

Question 4

A defendant wants to bring a claim against a nonparty who may be liable to the defendant for all or part of the plaintiff's claim against it. What device should the defendant use?

Accepted Answer

Implead the nonparty as a third-party defendant under Rule 14

Answer

Rule 14 impleader allows a defending party to bring in a nonparty who is or may be liable to it for all or part of the claim against it, such as an indemnitor.

Question 5

During a deposition, opposing counsel asks a question that the deponent's lawyer believes calls for privileged information. What is the proper response?

Accepted Answer

Object and instruct the deponent not to answer to preserve the privilege

Answer

Under Rule 30(c)(2), counsel may instruct a deponent not to answer only to preserve a privilege, enforce a court limit, or move to terminate under Rule 30(d)(3).

(KY Bar) Kentucky Bar Exam Practice Test

(KY Bar) Kentucky Bar Exam Practice Test

KY Bar Civil Procedure 4