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CIV PRO (Pleadings (Joinder: P may join parties if for same transaction or…
CIV PRO
Pleadings
Joinder: P may join parties if for same transaction or occurrence, or as many claims as needed against same D without connection between claims
Methods of Joinder: Impleader, interpleader, intervention (3rd parties may join suit and claims)
Amendments: P can amend as a right within 21 days of service on D, or must file for permission to amend
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Class actions: must have commonality, adequacy, enough P's, typicality
Motions
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Summary Judgment: file within 30 days of end of discovery; granted if no genuine issue of material fact, entitling D to judgment as a matter of law; P has to produce evidence to support each element in opposition to this motion; facts viewed in light most favorable to the non-moving party
Post Trial: motion for new trial, or renew motion for judgment as a matter of law
Applicability and Review
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Motion for relief from judgement based on: Merit, equity, new facts, due diligence
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Jurisdiction
Personal Jurisdiction
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Quasi in rem: Actions involve attachment of jurisdiction as part of relief, minimum contacts needed
In Personam: If long arm statute, or if the D is in state, by service or consent
Service of Process
Abode, waiver, agent service, state methods, personal service
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Venue/Transfer
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When Venue is proper: where D resides, in Fed. jurisdiction where part of claim arose or property is located, or where the D can be found and the court has PJ, if no other appropriate jurisdiction
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