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Civ Pro (Even wtih juris, must be filed in proper venue, requirements: (in…
Civ Pro
Even wtih juris, must be filed in proper venue, requirements:
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where D can be found provided the court has PJ, if there is no other district in which the action may otherwise be brought
where any D resides, if all Ds reside in that state
Motion to transfer depends on forum non conveniens: may transfer to other court where action might have been brought, deference given to plaintiffs choice
Joinder
Parties: P may join parties to the same lawsuit if the claims involving those parties derive from the same transaction or occurrence or at least the same series of common transactions or occurrences.
P may join as many claims as they have against a D regardless of whether there is any connection between those claims
Compulsory CC-if it arises from the same transaction or occurrence, then it must be brought in that action =, failure to bring up is a waiver
Permissive CC-D seeks to join claim not from same transaction or occurrence, failure to file these is not a waiver
SMJ
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Supplemental Jurisdiction-fed court has discretion to consider a pure state law claim if there is a common nucleus of operative facts between the state and fed claim.
Pleading
Must contain sufficient facts to place the adversary on notice of plausible claims, short and plain statement of juris, statement of a claim that would entitle the claimant to relief, and a demand for relief
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Removal
state court may remove to fed court if the fed would have jurisdiciton, all D's consent, and notice is filed within 30 days of service of state complaint
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More Civ Pro
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Motions
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Summary Judgment: filed within 30 days after close of discovery, must be no genuine issue of material fact and movant is entitled to JMOL, movant must produce evidence for each element,, inferences favor non movant
Post-trail motions: 28 days of judgment, renewed JMOL motion, or new trial
Appeals
Judgment is appealable when it is a final order entered by a lower court, due 30 days from entry of judgment
motion for relief from a judgment within 1 year after judgment, MEND: merit, equity, new facts, dilligence
Res judicata-claim cannot be relitigated if the claim arises between the same parties or those in privity with them, it arises out of same transaction or occurrence, and the court determined the claim on the merits