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CIVIL PROCEDURE - Coggle Diagram

- - - - Service of Process
        
        Waiver
        Agent service
        State methods
        Personal service
      - in personam:
        
        person located within the state
        
        consent
        
        state's long arm statute
        
        in rem:
        
        parties' interest in a particular piece of property located within the state
        
        quasi in rem:
        
        attachment of real or personal ppty
        
        Can be waived if not objected in the first pleading
    - - Always begin with rule statement for SBJ with "Federal courts are court of limited jurisdiction."
        
        Each claim must have an independent basis for jurisdiction
        
        Objections to SMJ can NEVER be waived
        
        SMJ Basis:
        
        Federal law claim
        
        created by state but depends on substantial federal question = constitutional question
        
        Diversity jurisdiction
        
        complete diversity of citizenship
        
        $75,000+ in controversy
        
        x Ds cannot aggregate claims - a D can aggregate all his/her claims to meet the $
        
        Supplemental Jurisdiction
        FC has discretion - state law claim - if there is "a common nucleus of operative facts between the state law claim and the federal claim
        
        Removal
        Ds in state court may remove an action to the federal court if:
        
        FC would have jx
        
        all Ds consent
        
        Notice of removal within 30 days
        
        Federal law based defense not enough to remove
        
        Original
- - - - Step 2:
        
        Answer:
        
        admit/deny every allegation in the complaint
        
        Answer must include all 12(b) defense + all affirmative defenses
        unless raised these can be waived
        
        Affirmative defenses under Rule 8(c)(1):
        
        accord and satisfaction
        
        arbitration and award
        
        assumption of risk
        
        contributory negligence
        
        discharge in bankruptcy
        
        duress
        
        estoppel
        
        failure of consideration
        
        fraud
        
        illegality
        
        injury by fellow servant
        
        laches
        
        licenses
        
        payment
        
        release
        
        res judicata
        
        Statute of Frauds
        
        statute of limitations, and
        
        waiver