civil procedure

Rule 56. Summary Judgment

(a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

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Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

(a) Motion for an Order Compelling Disclosure or Discovery.

(1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.

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Aggregation of jurisdictional amount

Even if claims are related, when there are multiple parties with several and distinct claims, the claims may not be aggregated to satisfy the requirement for the jurisdictional amount. Two exceptions to this rule exist. First, a single plaintiff is allowed to aggregate the amount if he or she has two or more claims against a single defendant, whether the claims are related or unrelated.

 

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Permissive counterclaim

A permissive counterclaim is a claim brought by a defendant against a plaintiff in the situation where the defendant's claim does not arise from the same transaction or occurrence as the plaintiff's claim. Therefore, if the defendant does not raise the claim in the pending cause of action, it is not waived, and the defendant is free to bring an independent action on the claim.

 

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