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Civil Litigation Procedures Flashcards

7 cards from real CLA/CP Exam practice questions. Tap to flip, then mark Knew It or Still Learning โ€” missed cards come back until you master them.

Read the first 7 Civil Litigation Procedures flashcards as text
  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?

    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.

  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?

    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.

  3. In federal court, what is the purpose of a Rule 26(f) conference?

    Answer: To develop a discovery plan

    Rule 26(f) requires parties to confer and develop a proposed discovery plan before initial disclosures are due.

  4. A default judgment may be entered against a defendant who:

    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.

  5. Which type of discovery device requires a party to admit or deny specific statements of fact?

    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.

  6. What is a 'scheduling order' in federal civil litigation?

    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.

  7. When a party objects to an interrogatory as 'overly broad and unduly burdensome,' what must typically accompany the objection?

    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.