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Civil Procedure (Pleadings (Complaint = Initial Pleading // Must contain…
Civil Procedure
Pleadings
Joinder of Parties: P may join parties if their claims involving those parties derive from the same "transaction or occurrence" // P must join indispensable parties where there would be prejudice to any parties' right to a full and fair adjudication
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Complaint = Initial Pleading // Must contain sufficient facts to place the adversary on notice of plausible claims
Must Include: (1) short and plain statement of jurisdiction, (2) a statement of a claim that would entitle the claimant to relief, and (3) a demand for relief
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Jurisdiction
PJ
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(2) In rem = based on the parties' interest in a particular piece of property located within the state
(3) Quasi in rem = only exists in actions involving attachment of real or personal property as a part of the relief requested (minimum contacts analysis)
Service of Process: Not required for action to be considered commenced, but must occur within 120 days of filing complaint
SMJ
Supplemental = If you find that no SMJ exists for one claim, consider supp. juris.
Federal Ct: Has discretion to consider a pure state law claim IF there is a "common nucleus of operative facts between the state law claim and the federal claim"
Removal: Defendants in state court may remove an action to the federal court that geographically embraces the state court if the federal court would have jurisdiction, all defendants consent, and a notice of removal is filed within 30 days of the service of the state court complaint.
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Two Types
(1) Federal Q = if the claim arises under federal law or is created by state law but depends on a substantial federal question
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Venue v. Transfer
Proper Venue: (1) where any defendant resides, if all defendants reside in that state; (2) in the federal district where a substantial part of the claim arose or where the property is located; or (3) where the defendant can be found provided the court has PJ, if there is no other district in which the action may otherwise be brought.
Improper Venue: File a motion to dismiss based on improper venue in the first responsive pleading, or it is waived
Motion for Transfer = if a defendant would prefer a different venue, even though the current venue is proper (based on doctrine of forum non conveniens)
Discovery
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Duty to supplement the mandatory disclosures or be subject to the exclusion of that evidence at trial
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Preclusion = Parties are barred from relitigating claims or issues that they have already "fully and fairly litigated to final judgment"
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Appealability & Review
A party may file a motion for relief from a judgment within 1 year of a judgment. REQS: (1) Merit, (2) Equity, (3) New Facts, (4) Due Diligence