Mon., Nov. 11

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Mon., Nov. 11
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13(a) compulsory counterclaim13(b)
permissive counterclaim13(g) crossclaim13(h)
joinder of parties to crossclaims and
counterclaims14(a)(1) impleader14(a)(2)(D)
14(a)(3) triangular actions18(a) joinder
of causes of actions19 necessary parties20
permissive joinder of plaintiffs/defendants24 -
intervention
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Supplemental Jurisdiction
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U.S. Const. Article III. Section. 2. The
judicial Power shall extend to all Cases, in Law
and Equity, arising under this Constitution, the
Laws of the United States, and Treaties made, or
which shall be made, under their Authority . . .
--to all Cases of admiralty and maritime
Jurisdiction--to Controversies to which the
United States shall be a Party--to Controversies
between two or more States--between a State and
Citizens of another State--between Citizens of
different States,--between Citizens of the same
State claiming Lands under Grants of different
States, and between a State, or the Citizens
thereof, and foreign States, Citizens or
Subjects.
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Finley v. United States (US 1989)Aldinger v.
Howard (US 1976)
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28 U.S.C. 1367. - Supplemental jurisdiction
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(a) Except as provided in subsections (b) and (c)
or as expressly provided otherwise by Federal
statute, in any civil action of which the
district courts have original jurisdiction, the
district courts shall have supplemental
jurisdiction over all other claims that are so
related to claims in the action within such
original jurisdiction that they form part of the
same case or controversy under Article III of the
United States Constitution. Such supplemental
jurisdiction shall include claims that involve
the joinder or intervention of additional
parties.
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(b) In any civil action of which the district
courts have original jurisdiction founded solely
on section 1332 of this title, the district
courts shall not have supplemental jurisdiction
under subsection (a) over claims by plaintiffs
against persons made parties under Rule 14, 19,
20, or 24 of the Federal Rules of Civil
Procedure, or over claims by persons proposed to
be joined as plaintiffs under Rule 19 of such
rules, or seeking to intervene as plaintiffs
under Rule 24 of such rules, when exercising
supplemental jurisdiction over such claims would
be inconsistent with the jurisdictional
requirements of section 1332.
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(c) The district courts may decline to exercise
supplemental jurisdiction over a claim under
subsection (a) if -(1) the claim raises a novel
or complex issue of State law,(2) the claim
substantially predominates over the claim or
claims over which the district court has original
jurisdiction,(3) the district court has
dismissed all claims over which it has original
jurisdiction, or(4) in exceptional
circumstances, there are other compelling reasons
for declining jurisdiction.
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A (Cal.) sues E (Nev.) (Bs employer) under state
law for a battery committed by B (Cal.) - E
impleads B - B then brings a suit against A on
the harm done to B in their fight - A impleads
his insurer (Cal.)
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A(Cal.) E(Nev.)
B(Cal.)

• over claims by plaintiffs against persons made
  parties under Rule 14, 19, 20, or 24 of the
  Federal Rules of Civil Procedure, or over claims
  by persons proposed to be joined as plaintiffs
  under Rule 19 of such rules, or seeking to
  intervene as plaintiffs under Rule 24 of such
  rules,
• I (Cal.)

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P (NY) sues D1 (NJ) for state law battery asking
100k and D2 (NJ) asking 25K.P(NY)100k
25kD1(NJ) D2(NJ) over claims by plaintiffs
against persons made parties under Rule 14, 19,
20, or 24 of the Federal Rules of Civil
Procedure, or over claims by persons proposed to
be joined as plaintiffs under Rule 19 of such
rules, or seeking to intervene as plaintiffs
under Rule 24 of such rules,
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P1 (NY) sues D (NJ) under state law battery for
100k and joins with P2 (NY) who sues D for 25K.
P1(NY) P2(NY)100k 25kD(NJ) over
claims by plaintiffs against persons made parties
under Rule 14, 19, 20, or 24 of the Federal Rules
of Civil Procedure, or over claims by persons
proposed to be joined as plaintiffs under Rule 19
of such rules, or seeking to intervene as
plaintiffs under Rule 24 of such rules,
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Exxon Corp. v. Allapattah(U.S. 2005)
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P1(NY) sues D (NJ) for 100k and joins with P2
(NJ) who sues D for 100KP1(NY) P2(NJ)100k
100kD(NJ)
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1367(d) The period of limitations for any claim
asserted under subsection (a), and for any other
claim in the same action that is voluntarily
dismissed at the same time as or after the
dismissal of the claim under subsection (a),
shall be tolled while the claim is pending and
for a period of 30 days after it is dismissed
unless State law provides for a longer tolling
period.
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P(Cal) sues D(Cal) in state court in Cal under 42
U.S.C. ' 1983 for violations of his civil
rights.Joined to the action is an unrelated
state law breach of contract action against
D.May D successfully remove?P(Cal)federal
statecivil rights contractD(Cal)
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28 U.S.C. 1441. - Actions removable
generally(c) Joinder of Federal law claims and
State law claims.--(1) If a civil action
includes(A) a claim arising under the
Constitution, laws, or treaties of the United
States (within the meaning of section 1331 of
this title), and(B) a claim not within the
original or supplemental jurisdiction of the
district court or a claim that has been made
nonremovable by statute, the entire action may be
removed if the action would be removable without
the inclusion of the claim described in
subparagraph (B).(2) Upon removal of an action
described in paragraph (1), the district court
shall sever from the action all claims described
in paragraph (1)(B) and shall remand the severed
claims to the State court from which the action
was removed.
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Discovery Disclosure
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DisclosureFRCP 26(a)(1)
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Used to be obligation to disclose all witnesses
likely to have discoverable information relevant
to disputed facts alleged with particularity in
the pleadings and all documents and tangible
things in possession custody or control of party
that are relevant to disputed facts alleged with
particularity in the pleadings
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R 26(a)(1)(A)(i) the name and, if known, the
address and telephone number of each individual
likely to have discoverable information along
with the subjects of that information that the
disclosing party may use to support its claims or
defenses, unless the use would be solely for
impeachment
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(ii) a copyor a description by category and
locationof all documents, electronically stored
information, and tangible things that the
disclosing party has in its possession, custody,
or control and may use to support its claims or
defenses, unless the use would be solely for
impeachment
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Perry Mason brings a surprise witness on the
stand during trial. OK?
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R 26(a)(3) Pretrial Disclosures.(A) In General.
In addition to the disclosures required by Rule
26(a)(1) and (2), a party must provide to the
other parties and promptly file the following
information about the evidence that it may
present at trial other than solely for
impeachment(i) the name and, if not previously
provided, the address and telephone number of
each witness separately identifying those the
party expects to present and those it may call if
the need arises(ii) the designation of those
witnesses whose testimony the party expects to
present by deposition and, if not taken
stenographically, a transcript of the pertinent
parts of the deposition and(iii) an
identification of each document or other exhibit,
including summaries of other evidence
separately identifying those items the party
expects to offer and those it may offer if the
need arises.(B) Time for Pretrial Disclosures
Objections. Unless the court orders otherwise,
these disclosures must be made at least 30 days
before trial. Within 14 days after they are made,
unless the court sets a different time, a party
may serve and promptly file a list of the
following objections any objections to the use
under Rule 32(a) of a deposition designated by
another party under Rule 26(a)(3)(A)(ii) and any
objection, together with the grounds for it, that
may be made to the admissibility of materials
identified under Rule 26(a)(3)(A)(iii). An
objection not so made except for one under
Federal Rule of Evidence 402 or 403 is waived
unless excused by the court for good cause.
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disclosure concerning expertsFed. R. Civ. P.
26(a)(2)
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discovery
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scope of discovery
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26(b)(1) Parties may obtain discovery regarding
any nonprivileged matter that is relevant to any
partys claim or defense including the
existence, description, nature, custody,
condition, and location of any documents or other
tangible things and the identity and location of
persons who know of any discoverable matter. For
good cause, the court may order discovery of any
matter relevant to the subject matter involved in
the action. Relevant information need not be
admissible at the trial if the discovery appears
reasonably calculated to lead to the discovery of
admissible evidence. 
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26(b)(2)(C) When Required.  On motion or on its
own, the court must limit the frequency or extent
of discovery otherwise allowed by these rules or
by local rule if it determines that           
(i) the discovery sought is unreasonably
cumulative or duplicative, or can be obtained
from some other source that is more convenient,
less burdensome, or less expensive           
(ii) the party seeking discovery has had ample
opportunity to obtain the information by
discovery in the action or            (iii) the
burden or expense of the proposed discovery
outweighs its likely benefit, considering the
needs of the case, the amount in controversy, the
parties resources, the importance of the issues
at stake in the action, and the importance of the
discovery in resolving the issues.
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privileges
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privilege against self-incrimination
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Fed. R. Evid. 501
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attorney-client privilegespousal
privilegespriest-penitent privilegedoctor-patien
t privilege
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mechanics of discovery
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During discovery it has become clear that D was
looking the other way while driving his car.Ps
lawyer thinks that D would have admitted this
allegation if it had been put in Ps
complaint.What does Ps lawyer do?
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Rule 36. Requests for Admission 
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X was a witness to the car accident that P is
suing D for.May Ps lawyer use R. 36 to request
an admission from X that D was looking the other
way during the accident?
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Can an insurer impleaded request an admission
from the P, or a P from a co-P?
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The P Corp. is suing the D Corp. for violations
of antitrust law.Counsel for the P Corp. wants
any documents that the X Corp. might have
concerning agreements with the D Corp. to fix the
price of widgets.What should the counsel for the
P Corp. do?
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Rule 45. Subpoena 
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How would counsel for the P Corp. get the same
type of documents from the D Corp.?
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Rule 34. Producing Documents, Electronically
Stored Information, and Tangible Things, or
Entering onto Land, for Inspection and Other
Purposes
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http//educatingtomorrowslawyers.du.edu/images/wyg
wam/course_portfolios/Defendant_Request_for_Produc
tion_of_Documents.pdf
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P is suing the D Corp. for securities fraud for
misrepresenting its loan loss reserves as
adequate.Ps lawyer wants to find out who at the
D Corp. knows how the loan loss reserves were
determined.What does Ps lawyer do?
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Rule 33. Interrogatories to Parties 
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http//www.justice.gov/atr/cases/f7300/7397.pdf
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X was a witness to the car accident that P is
suing D for.Ps lawyer wants X to answer
questions about what he saw, X refuses.How does
Ps lawyer do so?
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Rule 30. Deposition by Oral Examination
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During a deposition, opposing counsel asks your
client for irrelevant material What do you
do?What if she asked for relevant hearsay
material that you think will be inadmissible at
trial?What if she asked for confidential
communications between you and your client?
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30(d)(3) Motion to Terminate or Limit. (A)
Grounds. At any time during a deposition, the
deponent or a party may move to terminate or
limit it on the ground that it is being conducted
in bad faith or in a manner that unreasonably
annoys, embarrasses, or oppresses the deponent or
party.
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privileges
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attorney-client privilege
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Restatement (Third) of The Law Governing
Lawyers 68. AttorneyClient Privilege The
attorney-client privilege may be invoked as
provided in 86 with respect to(1) a
communication(2) made between privileged
persons(3) in confidence(4) for the purpose of
obtaining or providing legal assistance for the
client.