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Civil Procedure - Coggle Diagram
Civil Procedure
Motions
Summary Judgment: filed within 30 days after close of discovery; may be granted if there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law; movant must produce evidence supporting each element of the cause of action; and all inferences are drawn in favor of the non-movant.
Judgment as a Matter of Law: formerly known as a directed verdict, the motion is made at the close of the opponent's case. Based on grounds that there is legally insufficient evidentiary basis form which a reasonably jury could find for the non-moving party
Default Judgment: Entered against a defendant who failed to respond to the complaint in a timely manner
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Jurisdiction
Courts must have both subject matter and personal jurisdiction to preside over and issue binding authority over the parties
Subject Matter Jurisdiction: state courts have general jurisdiction while federal courts have limited jurisdiction. Each claim brought in federal court must have an independent basis for jurisdiction. Objections to subject-matter jurisdiction can never be waived.
Federal courts have jurisdiction if the claim arises under federal law or is created by state law but depends on a substantial federal question, usually constitutional in nature.
Under Supplemental Jurisdiction, a federal court has discretion to consider a pure state law claim if there is a common nucleus of operative facts between the state law claim and the federal claim
Federal courts also have jurisdiction based on diversity jurisdiction which requires complete diversity of citizenship and over $75k in controversy
Individual citizenship is based on domicile. A corporation is a citizen of its state of incorporation and the state where its principal place of business is located.
Personal Jurisdiction exists if the court has in personam jurisdiction over the parties, in rem jurisdiction over property subject to the claim, or quasi in rem jurisdiction over property attached to satisfy judgment.
In personam jurisdiction exists if a person is located within the sate by either domicile or service.
In rem jurisdiction is based on the parties' interest in a particular piece of property located within the state.
State court defendants may remove an action to the geographically appropriate federal court if the federal court would have jurisdiction, all defendants consent, and a notice of removal is filed within 30 days of the service of the state court complaint.
Venue operates as a limit on a plaintiff's choice of where to file. Even if a court has subject-matter and personal jurisdiction, the plaintiff must also bring their claim in the proper venue
Venue is proper: where any defendant resides, if all defendants reside in said state; in the federal district where a substantial part of the claim arose or where the property is located; or 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.
Discovery
Mandatory disclosures are required within two weeks of the initial discovery conference. A party has a duty to supplement the mandatory disclosures or be subject to exclusion of said evidence at trial. Mandatory disclosures include: supporting witnesses, supporting documents, damages computation, and relevant insurance coverage.
Traditional means of discovery include: depositions, interrogatories, requests for admission, production of documents, and requests for health examinations.
The work-product doctrine is a privilege which covers any material that an attorney or attorney's worker prepared for litigation and was not in the ordinary course of business.
Pleadings
A complaint is the initial pleading and must contain sufficient facts to pace the adversary on notice of plausible claims.
The plaintiff may amend their complaint once as of right within 21 days of service upon the defendant.
Once served w/a complaint, the defendant must file a responsive motion or answer. Rule 12(b) defenses must be filed within the first responsive pleading, otherwise they are waived.
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Joinder allows plaintiffs to join parties to the same lawsuit if the claims involving those parties derive from the same transaction or occurrence or at least the same series thereof.
Impleader: defendant may bring in a third party if that party may be liable to defendant for all or part of defendant's liability to plaintiff
Interpleader: the holder of a common fund may file suit as a plaintiff and join as defendants all rival claimants to is common fund
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Appealability and Review
A judgment is appealable when it is a final order entered by a lower court. The party seeking appeal must file notice of appeal within 30 days of judgment entry
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Jury Trial
A party has a constitutional right to a jury trial if its claim primarily seeks monetary damages. The party must file a written demand within 14 days of service of the complaint
Preclusion
Preclusion bars parties from relitigating claims or issues that they have already fully and fairly litigated to a final judgment on the merits.
Res Judicata or Claim Preclusion bars claim relitigation if the claim arises between the same parties or those in privity with them; if it arises out of the same transaction or occurrence; an dhtat the court determined the claim on the mertis an dhad proper jurisdiction
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