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Civil Procedure (Jurisdiction (personal jx: in personam jx over the party…
Civil Procedure
Jurisdiction
subject matter jx
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state courts: general jx
removal to federal court: can be done if fed court would have jx, all defendants consent, a notice of removal is filed within 30 days of the service of the state court complaint. No removal is allowed is jx is established by diversity and the defendant is a citizen of the state where the action is pending.
remand: if fed jx does not exist a remand to state court can be done within 30 days of the filing of the notice of removal
personal jx: in personam jx over the party who is subject of the claim. In personal jx exits if a person is located within the state by either domicile or service. Plaintiff must establish personal jx over EACH defendant. Objections to personal jx must be brought in the first responsive pleading OR they will be waived.
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express, implied, or waive consent
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quasi in rem jx: over property attached to judgment in the action. Requires a minimum contacts anaysis
service: not required for an action to "commence" Must occur within 120 days of filing of the complaint. Insufficient service defense must be raised in D's first response pleading or the defense will be waived.
proper venue: if failed to meet this requirement, improper venue defense must be raised on a motion to dismiss or the defense will be waived.
if D wants a different venue but the current venue is proper, D can file a motion to transfer
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Pleadings
first responsive pleading: answer or responsive motion. D has 21 calendar days from the day of service to file the first responsive pleading. 12(b) defenses must be filed with the first responsive pleading or else they are waived except for lack of subject matter jx. Lack of smjx can also be raised suas pointe.
if D doesn't fail a motion to dismiss or motion to dismiss is denied, it must fail an answer that must admit or deny every allegation in the complaint. If not affirmative defenses (8(c)(1)) are waived if not.
plaint can amend the complaint once within 21 days of service upon D. After that opportunity, then P must file a leave to amend.
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Discovery
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traditional means of discovery: depositions, interrogatories, request for admissions, production of documents, requests for physsical examinations.
privileges: work-product doctrine (anymaterial that an attorney or someone at her discretion prepared for litigation and was not in the ordinary course of business) Attorney's mental impressions are not discoverable.
Preclusion
parties are barred from relitigating claims or issues that they have already fully and fairly litigated to a final judgment on the merits.
res judicata: claim cannot be relitigated if it arises between the same parties, could have been litigated before, and the court determined the claim on the merits
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Appealability and Review
appealable: when final order entered in lower court. A notice of appeal must be filed within 30 days from the entry of judgment.