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Civ Pro - Coggle Diagram
Civ Pro
Pleadings
Joinder of claims
plaintiff may join as many claims as they have against a defendant regardless whether there is any connection between those claims.
Joinder of parties
the plaintiff may join parties to the same lawsuit if the claims involving those parties dervice from the same transaction or occurrence or at least the same series of common transaction or occurrence
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complaint
requirements: the initial pleading, that contains sufficient facts to place the adversary on notice of plausible claims
a claim for relief must include a short and plain statement of the jurisdcition, a statement of a claim that would entitle the claimant to relief, and a demand for relief
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answer
if defendant does not file a motion to dismiss or if denied it must file an answer that must fairly an precisely admit or deny eery allegation in the complaint
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other:
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cross-claims may be brought by any party against any co-party when the claim arises out of the same transaction oroccureence as the original claim or counterclaim
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Preclusion
means that parties are barred from relitigating claims or issues that they have already fully and fairly litigated to a final judgement on the merits.
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once a case has reached a final judgment, that case and its related claims and issues have been decided permanently and are not eligible for relitigation.
Res Judicata or claim preclusion means that a claim cannot be relitigted if the claim arises between the same parties or those in privity with them; it arises out fo the same transition or occurrence; and the court determined the claim on the merits and had proper subject matter and personal juridiction.
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Appealability and Review
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the party seeking to appeal must file its notice of appeal within 30 days from the entry of judgement
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if it is a partial final order that resolves only some of the claims, but not all of the claims, then an interlocutory appeal can be requested.
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Jurisdiction
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Personal Jurisdiction
exists if the court has in personal jurisdiction over parties, in rem jurisdiction over property that is the subject of the claim, or quasi in rem jurisdiction over property that is attached to satisfy judgement in the action
In personam jurisdiction exists if a person is located within the state by either domicile or service
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Service of process
is proper if the method of process follows the forum's rules and the method is consistutional. service is not required for the action to be considered commenced, but must occur with 120 days of the filing of the complaint
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Venue v. Transfer
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venue is proper if:
where any defendant resides, if all defendants reside in that state
in the federal district where a substantial part of the claim arose or where the property is located
where the defendant can be found provided the court has personal jurisdiction, if there is no other district in which the action may otherwise be brought.
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Discovery
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work-product doctrine: covers any material that an attorney or someone at her discretion prepared for litigation and was not in the ordinary course of business
includes Attorney's mental impressions, is never discoverable
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Motions
Summary judgement
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may be granted if there are no genuine issues of material fact and the movant is entitled to judge,ent as a matter of law
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Judgment as matter of law: the motion is made at the close of the oppoennt's case. the grounds are that there is legally insufficient evidentiary basis from which a reasonable jury could find for the non-moving party.
Default judgement: entered against a defendant who failed to respond to the complaint in a timely manner
post-trial motions:
renewed motion for judgment as a matter of law:the motion is made within 28 days of judgment. the basis of the motion is identical to that made at the close of the opponent's case
motion for new trial: also made within 28 days, tis motion will be granted in the court's discretion if either the errors at trial affected the parties' substantive trial rights or the verdict was against the manifest weight of the evidence.