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Civil Procedure - Coggle Diagram

- - - - must contain sufficient facts to place the adversary on notice of plausible claims
        
        a claim for relief must include (1) a short and plain statement of jurisdiction, (2)a statement of a claim that would entitle the claimant to relief, (3) and a demand for relief
  - - - respondent has 21 days to file
    - - lack of personal jurisdiction
      - insufficient service of process or insufficient process
      - improper venue
      - failure to state a claim
      - failure to join an indispensable party
  - - - 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
      - waiver
  - - - after that, must file a motion for leave to amend
  - - - 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 the plaintiff
      - interpleader
        
        the holder of a common fund may file a lawsuit as a plaintiff and join as defendants all rival claimants to its common fund
      - Intervention
        
        a non-party moves to enter into a lawsuit
        
        as of right: nonparty's interest will be adversely affected by the lawsuit and that right is not protected by the parties
        
        permisive: court has discretion to permit if there is a commonality of issues between those in the ongoing lawsuit and those affecting the intervener
- - - - Plaintiffs claim arises under U.S. Constitution, federal laws, U.S. Treaties
        
        can't be a defendant bringing a constitutional or federal defense
    - - Parties on opposite side of the (v) are from different states
        
        ie: IL v MI; IL1, IL2 v WI, WI v CA1, CA2
        
        domicile test (used for persons as of the date of filing)
        
        last place where you reside AND intend to remain indefinitely
        
        citizenship doesn't change until you move
        
        corporation
        
        citizen of two places (both must be diverse)
        
        state of incorporation
        
        state where it has its principal place of business
        
        nerve center test
        
        place where the managing officers manage and direct the business from
      - Amount in controversy is in excess of $75,001 (excluding interest and costs) AND
        
        aggregate claims to reach amount in controversy
        
        multiple plaintiffs cannot aggregate
        
        one plaintiff can aggregate two plaintiffs on a common undivided interest
  - - - discretional by federal court
  - - - if jurisdiction based on Diversity, then you cannot remove if any defendant is a citizen of the state which the case was filed
- - - - duty to supplement
        
        or that evidence can be excluded at trial
  - - - direct questioning of a party or witness under oat
    - - written questions that must be answered by another party in writing under oat within 30 days
        
        only for parties, not witnesses
    - - any request that is admitted is deemed established for all purposes in litigation
    - - a request to a party to produce documents or property. for inspection and copying
    - - only when a person's condition is in controversy
        
        need advance court approval showing good cause
  - - - any material that an attorney or someone at her discretion prepared for litigation and was not in the ordinary course of business
        
        cannot include the attorneys mental impression
        
        all other work product is discoverable when showing of substantial need and undue hardship
- - - - the grounds are that there is a legally insufficient evidentiary basis from which a reasonable jury could find for the non-moving party
  - - - formally called judgment notwithstanding verdict
      - motion made within 28 days of the judgment
      - basis of the motion is identical to that made at the close of the opponents case
    - - made within 28 days
      - will be granted at the court's discretion if either the errors at trial affected the party's substantive trial rights or the verdict was against the manifest weight of the evidence
- - - - motion for transfer
        
        based on the doctrine of forum non conveniens
- - - - affirmative defense that is waived if not asserted in an answer
  - - - can be used offensively by someone who is not a party to the first action
      - may not be used against someone who was not in the previous action
- - - - if only a partial final judgment was made, can file for an interlocutory appeal
- - - - defendant is present in forum state and is personally served with process
        
        abode service
        
        waiver
        
        agent service
        
        state methods
        
        personal service
      - defendant is domiciled in forum state
      - defendant consents to jurisdiction
      - defendant has committed acts bringing him within forum state's long arm statute
    - - jurisdiction over the property that is subject of the claim
    - - jurisdiction over property that is attached to satisfy judgement in the action