Registered Paralegal (PACE / RP) Litigation Procedure and Practice Syllabus

What is waiver of service under FRCP 4(d)?

A procedure where the plaintiff mails a request to waive formal service; a defendant who waives gets more time to answer (60 days) and avoids the cost of formal service.

What are the three responsive options a defendant has to a complaint?

File an answer, file a pre-answer motion (e.g., motion to dismiss), or default by failing to respond.

What is an affirmative defense and where is it raised?

A defense that defeats the claim even if the plaintiff's allegations are true (e.g., statute of limitations, res judicata); it must be pleaded in the answer under FRCP 8(c) or it may be waived.

What is a counterclaim, and what is the difference between compulsory and permissive?

A claim the defendant asserts back against the plaintiff. A compulsory counterclaim arises from the same transaction/occurrence and must be raised or is waived; a permissive counterclaim is unrelated and may be raised separately.

What are the seven defenses that may be raised by a pre-answer motion under FRCP 12(b)?

(1) lack of subject-matter jurisdiction, (2) lack of personal jurisdiction, (3) improper venue, (4) insufficient process, (5) insufficient service of process, (6) failure to state a claim, (7) failure to join a required party.

Which FRCP 12(b) defenses are waived if not raised in the first response?

Personal jurisdiction (2), venue (3), insufficient process (4), and insufficient service of process (5) are waived if omitted; subject-matter jurisdiction can never be waived.

What is a motion to dismiss for failure to state a claim?

A FRCP 12(b)(6) motion arguing that, even accepting all factual allegations as true, the complaint fails to state a legally sufficient claim for relief.

What is the general scope of discovery under FRCP 26(b)(1)?

Parties may obtain discovery of any nonprivileged matter relevant to a claim or defense and proportional to the needs of the case. Information need not be admissible to be discoverable.

What are the proportionality factors under FRCP 26(b)(1)?

The importance of the issues, the amount in controversy, the parties' relative access to information, the parties' resources, the importance of discovery to the issues, and whether the burden outweighs the likely benefit.

What is the attorney work-product doctrine?

Protection from discovery for materials prepared in anticipation of litigation; they are discoverable only on a showing of substantial need and inability to obtain the equivalent without undue hardship (mental impressions get heightened protection).

What are interrogatories and what is the federal numerical limit?

Written questions served on another party that must be answered in writing under oath. Under FRCP 33, a party is limited to 25 interrogatories (including subparts) without leave of court.

What is a request for production of documents?

A FRCP 34 discovery device requesting another party to produce documents, electronically stored information, or tangible things, or to permit inspection of property.

What is a request for admission and its strategic purpose?

A FRCP 36 request asking a party to admit or deny the truth of stated facts or the genuineness of documents; matters admitted are conclusively established, narrowing issues for trial.

What happens if a party fails to respond to a request for admission within 30 days?

The matter is deemed admitted under FRCP 36(a)(3).

What is a deposition?

The oral, out-of-court testimony of a witness given under oath, recorded by a court reporter, used to gather information and preserve testimony.

Under the FRCP, how many depositions and how long may each last by default?

Each side is limited to 10 depositions, and each deposition is limited to one day of 7 hours, absent stipulation or court order (FRCP 30).

What is the difference between a deposition on oral examination and a subpoena duces tecum?

An oral deposition takes live sworn testimony; a subpoena duces tecum commands a witness (often a nonparty) to appear and bring specified documents or things.

What is e-discovery (electronically stored information)?

The discovery of electronically stored information (ESI) such as emails, texts, databases, and metadata, governed by FRCP 26 and 34.

What is a litigation hold?

A directive to preserve all potentially relevant documents and ESI once litigation is reasonably anticipated, to prevent spoliation.

What does FRCP 37(e) provide regarding lost ESI?

If ESI that should have been preserved is lost because a party failed to take reasonable steps and cannot be restored, the court may impose curative measures; if the loss was intentional (intent to deprive), it may presume the information was unfavorable, instruct the jury so, or dismiss/enter default.

What is a meet-and-confer requirement in discovery disputes?

Before filing most discovery motions, parties must confer in good faith to try to resolve the dispute without court intervention (FRCP 37(a)(1)).

What is a motion to compel?

A FRCP 37(a) motion asking the court to order a party to provide discovery responses or attend a deposition after they failed to comply.

What sanctions may a court impose for discovery abuse under FRCP 37?

Orders deeming facts established, prohibiting evidence, striking pleadings, staying proceedings, dismissal, default judgment, contempt, and payment of reasonable expenses including attorney's fees.

What is a motion for summary judgment and the standard for granting it?

A FRCP 56 dispositive motion granted when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.

What is the difference between a dispositive motion and a non-dispositive motion?

A dispositive motion can end the case or a claim (e.g., motion to dismiss, summary judgment); a non-dispositive motion addresses procedural matters without ending the case (e.g., motion to compel, motion for extension).

What is a motion in limine?

A pretrial motion asking the court to admit or, more often, exclude certain evidence before it is offered at trial, to avoid prejudice before the jury.

What is the purpose of a pretrial conference and the final pretrial order?

To narrow issues, schedule deadlines, encourage settlement, and manage the case (FRCP 16); the final pretrial order controls the course of trial and supersedes the pleadings.

What are common trial preparation tasks a paralegal performs?

Preparing trial notebooks, exhibit and witness lists, subpoenaing witnesses, organizing exhibits, preparing demonstrative aids, coordinating witnesses, and assembling jury instructions.

What is the order of a typical civil jury trial?

Jury selection (voir dire), opening statements, plaintiff's case-in-chief, defendant's case, rebuttal, closing arguments, jury instructions, deliberation, and verdict.

What is a motion for judgment as a matter of law (directed verdict)?

A FRCP 50(a) motion made during trial arguing that no reasonable jury could find for the opposing party on an issue; if denied, it can be renewed post-verdict under Rule 50(b).

What is the deadline to file a notice of appeal in a federal civil case?

Generally within 30 days after entry of judgment (60 days if the United States is a party), under FRAP 4.

What is the difference between mediation and arbitration?

Mediation uses a neutral third party to facilitate a voluntary settlement (non-binding, parties decide); arbitration uses a neutral arbitrator who hears evidence and renders a decision that is usually binding.