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Civil Procedure - Coggle Diagram
Civil Procedure
Jurisdidtion
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Personal Jurisdiction
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Assertion of PJ must meet constitutional requirements: a_ issue whether the D engaged in minimum contacts such that it would not offend traditional notions of fair play and substantial justice b. the issue becomes whether the D purposely availed itself of the benefits of the forum state
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Service of Process
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Proper methods of service: Adobe service, waiver, agent service, state method, personal service
if issue with service, MUST RAISE that defense in first responsive pleading or defenses will be waived
Venue v. Transfer
Venue: operates as a limit on P's choice of where to file. Even if a court has SMJ and PJ, P must also bring claim in proper venue.
In the federal district where a substantial part of the claim arose where the property is located or where the D can be found provided court has PJ, if there is no other district in which the action may otherwise be brought
Improper venue - claim does not meet any of the previous bases; in those cases, the remedy is to file a motion to dismiss based on improper venue in the first responsive pleading; if it is not raised then, defense waived; party may intstead seek a motion to transfer to a proper venue
motion for transfer - if venue is proper but D prefers different venue, can file this; forum non convenies - for the convenience of the parties and witnesses and in the interest of justice, district court may transfer a civil action to any other district court where the action might have been brought
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Diversity jurisdiction
Aggregation of claims
Claimant may aggregate claims against a single defendant, but not against multiple defendants
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In rem: jurisdiction over property that is subject to claim, based on parties interest in particular piece of property located within the state.
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Pleadings
Joinder of claims
P may join as many claims as they have against a D regardless of whether there is any connection between those claism
Joinder of parties
P may join parties to the same lawsuit if the claim involving those parties derive from the same transaction occurrences or at least the same series of common transactions or occurrences.
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first responsive pleading - R 12(b) defense must be filed within the first responsive pleading; defenses include: lack of Pj, insufficient service or process or insufficient process, improper venue, failure to state a claim, failure to join an indispensable party,
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Motions
Summary judgement
Must be filed within 30 days after close of discovery; may be granted if there are no genuine issues of material fact and movant is entitled to judgement as a matter of law; movant must produce evidence to support each element of cause of action; all inferences are drawn in favor of the non-movant
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Post trial motions
Renewed motion for judgement as a matter of law; formally called a judgement notwithstanding the verdict, the motion is made within 28 days of judgement. The basis of the motion is identical to that made at the close of the opponent's case.
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Discovery
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Work product doctrine
covers material that any attorney or someone at her discretion prepared for litigation and was not in the ordinary course of business
If material includes attorney's mental impressions, it is NOT discoverable.
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Counter claims
Mandatory or compulsory counterclaim: D may bring a counterclaim against the plaintiff if it arises from the same transaction or occurance, then it must be brought in that action.
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Cross-claims
may be brought by any party against co-party when the claim arises out of the same transaction or occurrence as the original claim or counterclaim
The court has SMJ under supplemental jurisd if the counterclaims arise out of the same transaction or occurrence in the absence of an independent basis for federal jurisdiction
Appealability and Review
Final judgements
If the partial finding order that resolves only some of claims but not all claims, then an interlocutory appeal can be requested
Both the trial court and the appellate court must find that there is doubt as to a controlling legal issue and that appellate review would advance litigation
Within 1 year of judgement, party must file motion for relief for some judgement, requirements are the following: 1) merits; 2) Equity; 3. New facts; 4. Due diligence.