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CIVIL PROCEDURE - Coggle Diagram
CIVIL PROCEDURE
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Appealability & Review
Appealable: when it is a final order entered by lower court; party seeking to file appeal must file notice w/in 30 days from judgement entry
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Jurisdiction
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Federal Jurisdiction: Federal Question; 28 U.S.C. §1331, Diversity Jurisdiction (Complete Diversity; $75k AIC); 28 U.S.C. §1332
Personal Jurisdiction: in personam, in rem, quasi in rem
Service of Process: adobe service, waiver, agent, state methods, personal service
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Discovery
Mandatory disclosures: w/in 2 weeks of OG conference (witnesses, documents, damage computation, insurance coverage)
Traditional (depos, interrogatories, admission requests, document production, phys/mental exam requests)
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Preclusion
Res Judicata: Parties barred from re-litigating claims/issues already fully/fairly litigated to a FJ on the merits
Collateral Estoppel: Issue preclusion, issue cannot be re-litigated
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Jury Trial
A party has a constitutional right if claim primarily seeks $$ damages; party must file written demand w/in 14days of service of complain
3 strikes for potential jurors w/o cause; otherwise 3 preemptory challenges to strike jurors w/o cause