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Civil Procedure - TB - Coggle Diagram
Civil Procedure - TB
Jurisdiction
Subject Matter
Fed = Limited Jurisdiction
Federal Law OR
State Law w/ Fed Q
Diversity Jurisdiction
Complete Diversity & $75K+
Diversity = No P from same state
Determined by domicile/HQ
Supplemental Jurisdiction
Common nucleus of operative facts
Fed claim + State claim
Remove to Fed
Fed Jurs + Consent + 30 days of service
Can remand back to State
Personal
Types of P.J.
In personom = parties
Domicile / HQ
In Rem = property
Quasi in Rem
Minimum contacts required
Consent to In Personam
Express
Implied = State has substantial interest
Waived = Fails to raise motion
Service of Process
W/ in 120 days of complaint
Abode Service
Waiver
Agent service
State methods
Personal Service
Venue / Transfer
Proper venue when
Defendant resides
Fed. Dist. where claim arose / property
Where defendant can be found
If Improper
Motion to Dismiss
Immediately or waived
Motion to Transfer
Power of the court
Requires both Personal & SJ
Pleadings
Joinder
Parties
Claims
"Three I's"
Impleader
D brings 3rd party (3rd is liable)
Interpleader
Common fund + rival claimants
Intervention
Nonparty enters suit
As of Right
Nonparty is adversely affected by the lawsuit
Permissive
Court's Discretion
Counterclaim
D raises against P
Waived if omitted
Cross-Claims
Any against Any
Class Action
CANT
Commonality
Common fact/injuries
Adequacy
Fair/Adequate representation
Numbers
40+ P's
Typicality
Typical of class
Amendments
w/in 21 days of service
Complaint
Requires short, plain statement of
State a claim
Demand Relief
Explain jurisdiction
First Responsive Pleading
Motion or Answer w/in 21 Days
12(b) Motions
If no motion, then waiver of:
Personal Jurisdiction
Service of Process
Venue
Failure to state a claim
Failure to join party
Answer
Admit/Deny Each Allegation
Must raise Aff. Def. or waive
See Rule 8(c)(1)
Motions
Summary Judgment
No issue of fact
Judgment as a matter of Law
Directed verdict
Default Judgment
Failure to respond
Post-Trial Motions
Judgment Notwithstanding the verdict
New Trial
Discovery
Mandatory Disclosures
w/in 2 weeks of conference
Required includes:
All supporting witnesses
All supporting documents
Damages computation
Relevant insurance coverage
Traditional Discovery
Includes
Depositions
Quest. party under oath
Interrogatories
Writting Q's on parties (30 days)
Request for Admissions
Any request is deemed established
Production of Documents
Produce for inspection/copying
Request for Examination
When condition is in controversy
Work Product Doctrine
Usually not discoverable
Appealability & Review
Appealable
w/in 30 days
Final Judgment
Motion for Relief from Judgment
MEND
Merit
Equity
New Facts
Due Diligence
Preclusion
Cannot relitigate same issue
Res Judicata
Cannot hear same claim twice
Collateral Estoppel
Issue Preclusion
Jury Trial