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Civil Procedure (Class Actions: Rule 23 (Commonality, Typcicality,…
Civil Procedure
Class Actions: Rule 23
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Certification, judgment and settlement
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Discovery
Interrogatories, requests for production, requests for admission and examinations
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Pleadings & Motions
Counterclaim
Compulsory 13(a): arises from same transaction or occurrence as one of P's claims: almost always have supplemental Jx
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Rule 12 Motion
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Motion for judgment on the pleadings 12(c), similar to 12(b)(6), diff timing.
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Rule 12(b) Defenses: lack of SMJ, lack of PJ, Improper Venue, Insuff of process (waived if not brought), Insuff of service of process (waived if not brought), Failure to state a claim, failure to join a necessary party.
Amending Pleadings
As a matter of course: w/in 21 days after service, or if pleading is one which requires a response, within 21 days of service of the responsive pleadings pre-answer motion.
without Right: only amend with either: written consent of adverse party, or leave of court
Relation Back: when a party amends a pleading to add a new claim or D after the SOL has run, rule 15(c). If allowed, treated as if it was filed when the original pleading was filed.
Answer
Must Respond to allegations - admit, deny, lack sufficient info
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Timing: within 21 of service of process, or 14 days after a ruling on rule 12 motion
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Complaint
Statement of the claim, short and plain statement
need to be pleaded with particularity: fraud, mistake, special damages, judgments or official documents upon which the pleading party will rely.
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Venue
Corporations: reside in any state district in which the corps contacts would be sufficient to subject the corp to PJ if the district were a state. - if none exists, corp resides in district where it has the most significant contacts
Unincorporated associations: residency determined by location of association itself, not individual members
Non-corporation business - resident of all districts in which it was subject to PJ when action was commenced
GR, Venue proper, 1) in any district where D resides if all Ds reside in same state in which district is located 2) in any district in which a substantial part of the claim arose or in which a substantial part of property that is subject to the action is situated, or 3) if no district in the US can satisfy a or b, venue is proper in any district in which any D is subject to PJ.
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Service of Process
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anywhere in forum state, out of state ok if allowed by forum state
Waiver
If D denies or fails to respond, P has to serve
If D waives, D extends time to answer to 60 days from date waiver request was sent to 21 days
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Personal Jx
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Quasi in rem: permits CT w/out PJ to determine certain types of disputes between a P and D regarding property when property is located in forum state. Prop attached.
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Constitutional - Minimum Contacts - with forum state, Adequate Notice
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Fair play & substantial justice: relatedness, convenience, state's interest
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To be subject to PJ, D must have such minimum contacts with the forum state that exercising jx doesn't offend traditional notions of fair play and substantial justice.
Notice
Traditional methods: personal deliv, registered mail, agent
Stream of commerce - if could reasonably expect consumers to purchase products in forum state. MERE awareness that component parts may reach forum as part of another product may be insuff.
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Trial, Judgment & Post-Trial Motions
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Subject Matter Jx
Federal Qs Jx
Is P enforcing a fed right - one that arises under fed statute, regulation, constitution, etc. May raise Fed law but NOT be enforcing a Fed Right.
Exclusive Fed: Bankruptcy, Patent & Copyright, Fed antitrust, Postal
Supplemental Jx
allows Fed court to hear additional claims (cross/counter) that do not, on their own, meet diversity or FQJ.
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Diversity JX
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Exceptions: Fed ct won't hear: divorce, alimony, child custody, probate.
Erie Doctrine: in diversity case, Fed CT must apply state substantive law & Fed Procedural law.
Always state: elements of claim or defense, SOL, conflict/choice of law rules, rules for tolling SOL.
Removal Jx
D can remove case originally filed in state court to fed if the fed ct would have had SMJ (diversity or FQJ).
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