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CIVIL PROCEDURE - Coggle Diagram
CIVIL PROCEDURE
Jurisdiction
subject matter jx
original jx
general v. limited jx: state courts have general jx, federal courts have limited jx: always start essays with this "State courts have general jx/Federal courts are courts of limited jurisdiction."
Each claim in fed court has to have independent basis for jx. Objections to subject matter jx can never be waived.
federal question fed court has jx over state law claim if the state law claim depends on a substantial fed question (usually constitutional, but can also be fed law and intl treaties
diversity jx = complete diversity of citizenship and amount in controversy is over $75,000
complete diversity = no single plaintiff may be a citizen of the same state as any single defendant; determined by domicile; corp is citizen of state of incorporation as well as principal place of business; partnership/association is citizen of every state in which one of its members is a citizen.
amount in controversy is reasonable amount P claims, not what P actually brings home in the end. it's okay for a single claimant to aggregate several claims against single D but not multiple Ds. Multiple Ps cannot aggregate claims to reach $75k.
supplemental jx
fed court can consider purely state law claim if there is a common nucleus of operative facts between the state law claim and fed law claim
if the first claim was based on diversity, supplemental claim must have diverse parties but does not have to meet min amount in controversy
removal
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D can remove to the fed court of that geographic area if the court has jx, all the Ds consent, and notice is filed within 30 days
if basis of smjx is diveristy, cannot remove if any D is citizen of the state where the case is pending
personal jx
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objections to personal jx must be brought in first responsive pleading—otherwise, waived
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service of process
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not required for action to commence, but must occur within 120 days of filing complaint
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venue v. transfer
venue = limit on P's choice of where to file. need SMJX, PJ, AND PROPER VENUE
proper venue = where any D resides if all Ds reside in that state; in fed district where substantial part of the claim arose or where property is located; or where D can be found provided court has PJ and if there is no other district in which action may otherwise be brought
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for the convenience of the parties, court MAY consider motion for transfer of a civil case
Pleadings
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Joinder of Parties
Impleader: D can bring in 3rd party if that party may be liable to D for all or part of D's liability to P
Interpleader: holder of common fund may file lawsuit as a P and join as Ds all rival claimants to its common fund
Intervention: non-party moves to enter (as of right—non-party's interest will be adversely affected by the suit and that right is not protected by the parties OR permissive—court has discretion to permit if commonality between of issues between the ongoing lawsuit and affected intervener
Complaint
21 days (including holidays & weekends) to respond. If Day 21 is a holiday or weekend, must be filed on next business day.
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Amendments
can amend within 21 days by right, afterward must file leave to amend (granted freely by court when justice requires)
pleading must contain: sufficient facts to place adversary on notice of plausible claims; short & plain statement of jx; statement of claim that would entitle claimant to relief; and a demand for relief
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class actions: commonality, adequacy, numbers (at least 40), typicality
Discovery
mandatory disclosures required within 2 weeks of initial discovery conference........ includes all supporting witnesses; all support gin documents; a damages computation; and relevant insurance coverage
means of discovery include: depositions, interrogatories (written questions that must be answered in writing within 30 days), request for admissions, production of documents, request for physical or mental examination
work product doctrine protects from disclosure privileged materials prepared for litigation not in the normal course of business
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Motions
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Judgment as a Matter of Law (formerly called directed verdict) made at the close of opponent's case. Grounds = legally insufficient evidentiary basis from which a reasonable jury could find for the non-moving party
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Post-trial motions
Renewed motion for judgment as a matter of law (used to be called judgment notwithstanding the verdict)
Motion for a new trial: made within 28 days, granted for errors affecting substantive trial rights or verdict was against manifest weight of the evidence
Preclusion
parties are barred from relitigating claims or issues that have already fully and fairly litigated to a final judgment on the merits
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res judicata = claim preclusion, claim cannot be relitigated if the claim arises between the same parties or those in privity with them; it arises out of the same transaction or occurrence, and the court determined the claim on the merits and had property SMJ and PJ
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Appealability and Review
collateral estoppel = issue preclusion, cannot be relitigated
issue is appealable after final order entered by lower court—must file notice of appeal with 30 days of entry of judgment
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