Civil Procedure 1

Article III Section 1: Supreme Courts & Inferior Courts

the judicial power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress from time to time ordain and est. - Created the Supreme Court & Gave Congress the power to create inferior courts

Article III Section 2: Federal Courts Original Jurisdiction

The juducial power shall extend to all Cases, in law and Equity, arising under this Constitution, the laws of the United States, and Treaties made… - Federal Question

between Citizens of different states - Minimal diversity

Article VI paragraph 2: Supreme Law of the Land

This Constitution and the Laws of the United States… and all Treaties made … shall be the supreme Law of the Land.” - Controlling Laws

28 U.S.C. 1331: Federal Question

the district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States

28 U.S.C. 1332: Diversity Jurisdiction

The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000… and is between citizens of different states

28 U.S.C. 1367: Supplemental Jurisdiction

When a court has the authority to hear a claim under original jurisdiction, they also have the power to hear any claims that are so related to the original claim that they are considered to be part of the same controversy, the court can hear this claim under supplemental jurisdiction

FRCP 10: Form of Pleadings

(a) All Pleadings must have a: statement of court’s name included; Title; File number; and Rule 7(a) designation number

(a) the title must: name all parties, name the title of all other pleadings; and once first parties are named, generally refer to all other parties

(b) paragraphs: all claims & Defenses must be stated in separate numbered paragraphs

(c: Referencing and Exhibits: a statement in a pleading may be referred to throughout the doc or separate pleadings or motions. Copies of written docs that is an exhibit to a pleading is considered a part of said pleading

FRCP 8

Complaints

FRCP 9

Complaints for Fraud

FRCP 10

Form of Pleading

FRCP 12(b)(c

Motion to Dismiss for failure to state a claim upon which relief can be granted

FRCP 55(a), (b), & (c

Default Judgments

FRCP 60(a), (b), & (c

Relief from (Default) Judgments

FRCP 11(a), (b), & (c

Signing pleadings, representations to the court by signature, & Sanctions (OP has to send you motion for Sanctions 21 days or more before filing it with the Court, but Judge does not have to give you 21 days’ notice)

FRCP 15

Amending Pleadings

FRCP 13(a), (b), (g), & (h)

Counterclaims: Compulsory & Permissive; Crossclaims

FRCP 18 (a)

Joinder of Claims (NOT Parties)

FRCP 20(a) & (b)

Permissive Joinder of Parties

FRCP 21

Misjoinder

FRCP 42(a) & (b)

Consolidation of Trials/Separation of Trials

FRCP 14(a) & (b)

Impleader of NON-PARTY who does not want in the lawsuit

FRCP 19

Required Joinder of Parties

FRCP 24

Intervention when NON-PARTY wants to Intervene in a lawsuit

FRCP 22

Interpleader by Rule

FRCP 23

Class Actions

FRCP 26(b)

Scope of Discovery

FRCP 26(a) & (f)

Required Disclosures

FRCP 26(c

Protective Orders

FRCP 30

Depositions

FRCP 33

Interrogatories

FRCP 34

Request for Production

FRCP 35

Physical/Mental Exams

FRCP 36

Admissions

FRCP 37

Motion to Compel/Sanctions

FRCP 26(g)

Signing Discovery Pleadings

FRCP 16

Pretrial Conference/Scheduling Order

FRCP 41

Voluntary/Involuntary Dismissals

FRCP 56

Summary Judgment

FRCP 48

Jury Trial

FRCP 38(b)

Jury Demand

FRCP 39(b)

Jury Demand

FRCP 50(a) & (b)

Judgment as A Matter of Law/Directed Verdict/JNOV

FRCP 51

Jury Instructions

FRCP 54

Judgment

FRCP 61

Harmless Error

FRCP 59

New Trial Motion

FRCP 60

Relief from Judgment

FRCP 50(c

Conditional Ruling on New Trial Motion

28 U.S.C 1291

Final Orders

28 U.S.C 1292

Interlocutory Orders