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Civil Procedure (Pleadings (Joinder of claims (impleader, interpleader,…
Civil Procedure
Pleadings
Joinder of claims
impleader
interpleader
intervention
Joinder of Parties
ID claims involving those parties derive from same transaction or occurrence
must join indispensable parties
Other Claims
Cross claim
Counterclaim
Class actions
Complaint
sufficient facts
place adversary on notice
claim for relief
short and plain statement of juries
claim entitling relief
demand for relief
1st responsive pleading
21 days to file
12(b) defenses
lack of PJ
insufficient service/process
improper venue
failure to state a claim
failure to join
lack of SMJ
Answer
admit or deny EVERY allegation
include 12(b) defenses
affirmative defenses
contributory neg.
duress
fraud
illegality
res judicata
SoF
SoL
waiver
Jurisdiction
Subject Matter Juris
Original
Supplemental Juris
Removal
state --> federal
Feds
Limited
diversity juris
State
General
Personal Juris
in personam
juris over the parties
express consent
implied consent
waived
Long arm statutes
in rem
over property that is the subject of the claim
quasi in rem
juris over property that is attached to satisfy judgement in the actions
Service of Process
abode service
waiver
agent service
state methods
personal service
Venue
limit on where ¶ can file
where ∆ resides
in fed district where substantial part of claim arose
where property is located
where ∆ can be found (w/ personal juris)
Motion for Transfer
forum non conveniens
Motions
Summary Judgment
w/i 30 days
if no issues of material fact, and is entitled
evidence to support each
Judgment as a matter of law
legally insufficient evi basis
aka directed verdict
Default Judgment
Post-trial motions
renwed motion for Judgment as a matter of law
motion for new trial
Appealability and Review
final order from LC
w/i 30 days
motion for relief from a judgment
merit
equity
new facts
due diligence
Discovery
Mandatory disclosures
all supporting witnesses
all supp. docs.
damages computation
relevant insurance coverage
traditional
depo
interrogatories
req. for admissions
production of docs
req. mental/phys exam
Preclusion
res judicata
CLAIM cannot be relitigated
if the same parties or in privity
same transaction
court determined claim on merits
had proper SMJ and PJ
collateral estoppel
ISSUE cannot be relitigated
use offensively
new party against a previous party
Right to a Jury Trial