Civil Procedure for Bar

Claim Preclusion (Res Judicata)

1. Same plaintiff vs same defendant

2. Valid final judgment on the merits

3. Same claims

Motion for Summary Judgment

No genuine dispute over material facts when viewed in a light most favorable to the nonmoving party

Impleader

Defendant brings in a new party to shift liability to that third party defendant. Can do without permission if done within 14 days of serving answer

Rule 12 Defenses

1. Lack of SMJ

2. Lack of PJ

3. Improper venue

4. Insufficient process

5. Insufficient service of process

6. Failure to state a claim

7. Failure to join an indispensable party

Citizenship of individuals

Citizens in state with their domicile unless they establish a new one by having:

1. Physical presence in a new state and

2. Intent to make that new state your home permanently

Supplemental Jurisdiction

Original claim must have SMJ. Can then add in another claim. Only defendant can do this, original claim can’t be based on diversity, and claim must arise from common nucleus of operative fact

Personal Jurisdiction

1. Does defendant have enough contact with the state? (Purposeful availment and foreseeability to be sued)

2. Does state law authorize the court to exercise power over the defendant?

Issue Preclusion (Collateral Estoppel)

1. Case received final judgment

2. Issue was actually litigated and determined

3. Issue was essential to the judgment

4. Party had their day in court (question of fairness)

Necessary and indispensable parties

1. Is absentee necessary?

2. If necessary, can absentee be joined?

3. If not, can case proceed anyway?

When is qualified work product discoverable?

If requesting party can show substantial need and undue hardship in obtaining materials in an alternative way

Specific Jurisdiction

Defendant must have minimum contacts with the state such that the exercise of personal jurisdiction will be fair and reasonable

Proper complaint must include

1. Grounds for jurisdiction

2. Statement of claim

3. Demand for judgment