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Civil Procedure - Coggle Diagram
Civil Procedure
Joinder of Parties/Claims
Parties: only 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 can join as many claims as they have against D regardless of any connection
Impleader: D may bring in 3rd party
Interpleader: holder of a common fund may file a lawsuit as a P and join as D's all rival claimnats to is common fund
Intervention: non-party moves to enter lawsuit
Counter Claim/Cross Claim
Class Actions: CANT
Jurisdiction: power of court
Must have subject matter jurisdiciton: state have general/federal courts limited
Federal question
Diversity jurisdiction
complete diversity of citizenship and over $75,000 in controversy
If no SMJ; consider supplemental jurisdiciton
Personal Jurisdiction: exists if the court has in personam jurisdiction over parties, in rem jurisdiction over property that is subject of the claim, or quasi in rem jurisdiction over property that is attached to satisfy judgment in the action
in personam: located within the state of domicile or service
Service of process: proper if method of process follows the fourm's rules and method is constitutional
Examples: Abode service; waiver; agent service; state methods; personal service
Venue: plaintiff choice of filing
Proper if: where D resides; substantial part of claim arose; PJ
Discovery
Mandatory disclosures: all supporting witnesses; supporting docs; damages computation; relevant insurance coverage
Work Product Doctrine
Pleading: must contain sufficient facts to place the adversary on notice of plausible claims
D files responsive motion; consider 12(b) defenses; must be in first responsive pleading
Check for affirmative defenses under Rule 8(c)(1)
