USA Law and Practice Contributed by: Courtney Scobie and Jack Edwards, Ajamie LLP
4.4 Requirements for Interested Parties to Join a Lawsuit The Federal Rules of Civil Procedure allow interested parties who are not named as plaintiffs or defendants in a lawsuit to join a lawsuit under certain circum- stances in a process called intervention. Interventions are either permissive or by right. An intervention of right requires the intervenor to have a significant inter- est in the litigation, a situation where disposition of the lawsuit could impair that intervenor’s rights and interests, and a representation that the existing par- ties inadequately represent their interests. Even if a party does not meet the criteria for intervention of right, the court may permit them to intervene if they have a claim or defence that shares a common ques- tion of law or fact with the main lawsuit. Interventions are accomplished through motions and court orders. 4.5 Applications for Security for Defendant’s Costs The US legal system generally does not follow the practice of requiring a plaintiff to post security for a defendant’s costs. 4.6 Costs of Interim Applications/Motions When parties file interim motions, they are typically required to pay filing fees to the court. The amount of the filing fee varies depending on the type of motion and the court’s fee schedule. In some cases, parties may be eligible for fee waivers or reductions if they meet certain financial criteria. In certain circumstanc- es, the prevailing party may recover some of the costs associated with filing interim motions. Attorney’s fees, however, are generally not recoverable unless provid- Courts often issue scheduling orders that outline the deadlines and procedures for various applications and motions in a case, including motions for sum- mary judgment, motions to dismiss, and other pre- trial motions. In some cases, the court may schedule oral argument to address motions. The timing of oral argument depends on the court’s availability and the complexity of the motion. The timeframe for the court to decide a motion or issue an order can vary sig- nificantly. In some cases, it may take several weeks ed for by statute, contract, or court rule. 4.7 Application/Motion Timeframe
to several months or longer for the court to render a decision. In certain situations, a party may request an expedited hearing for a motion by filing an emergency motion. These are typically reserved for extraordinary circum- stances, such as requests for temporary restraining orders (TROs) or preliminary injunctions where imme- diate action is needed to prevent irreparable harm. The court will assess the urgency of the situation and may expedite the hearing accordingly. The availability of an expedited hearing is generally controlled by local rules and court procedures. Discovery is a crucial part of the pre-trial phase in civil cases in federal courts in the USA and litigants are entitled to extensive pre-trial discovery from their opponents and third parties in order to prepare for trial. Discovery mechanisms include the following. • Depositions – parties can take depositions of wit- nesses, including the opposing party, to obtain sworn testimony. They are usually conducted in person and are recorded by a court reporter. • Interrogatories – interrogatories are written ques- tions that one party sends to another party. The receiving party must respond in writing and under oath. Parties are generally limited to 25 interrogato- ries each, in the absence of an agreement among the parties or a court order. • Requests for production of documents – parties can request the production of documents, elec- tronically stored information (ESI), and tangible items. These requests seek the exchange of rel- evant records and materials. • Requests for admissions – a party can send requests for admissions to seek admissions or denials of specific facts from the other party. They are frequently used to authenticate important documents. 5. Discovery 5.1 Discovery and Civil Cases • Request for inspection or entry upon property – a party can request access to an item (such as an allegedly defective product) or land in order to inspect, measure, survey, photograph, test, or
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