Civil Procedure

Grossman Lecture

What is subject matter jurisdiction?

The court is trying to get jurisdiction over the case.

What are the two ways that a court can have subject matter jurisdiction?

Through diversity of citizenship or federal question.

What is the requirement for a federal question?

The requirement for a federal question is that the case must involve a dispute arising under the Constitution, laws, or treaties of the United States.

What are the two requirements for diversity of citizenship?

1. Diversity of Citizenship

2. Case must exceed $75,000

What is domicile?

Present location + intent to stay

How is the citizenship of a corporation determined?

The citizenship of a corporation is determined by its state of incorporation and the principal place of business.

What is supplemental jurisdiction?

Supplemental jurisdiction allows federal courts to hear additional claims that are closely related to a case already before the court, even if those claims do not independently meet the jurisdictional requirements.

What is a requirement for supplemental jurisdiction?

It must derive from a common nucleus of operative fact

If the claim was a diversity claim, can a new party be added?

Yes, but only if the new party's addition does not defeat diversity jurisdiction.

What is personal jurisdiction?

Ability to bring the individual into court

What are the two statutory requirements for personal jurisdiction?

Long Arm Statute or Due Process Clause

What are the three requirements for general personal jurisdiction?

Domicile

Presence

Consent

What test is used to determine relation between forum state and party?

Minimum Contacts Test

What are the four elements of the minimum contacts test?

1. Purposeful Availment

   1. systematic + continuous

2. Relatedness

3. Forseeability

4. Fair Play + Substantial Justice

What is In rem jurisdiction?

Jurisdiction over an object/property

What is Quasi in rem jurisdiction?

Going after property to satisfy a judgment against an individual

What are the two elements that make service of process proper?

Within the district court’s state or anywhere allowed by long arm statute

What is the 100 Mile Bulge Rule?

Out-of-state service allowed within 100 mile radius

What are the 4 ways you can serve an individual?

1. Personal service 2. Substituted service 3. Service by mail 4. To an agent

Who are the three people that can accept service to a corporation?

1. Officer 2. Someone authorized 3. Registered agent

What is required for a case to be removed from state to federal court?

There must have been SMJ over the case in the first place

Can a plaintiff and/or a defendant remove a case?

Only a defendant

How many days to you have to remove a case after being served?

30 days from service

What is the action of remanding?

The action of remanding is sending a case back from a higher court to a lower court for further proceedings.

How much time do you have to remand a case after receiving notice of filing of removal?

You have 30 days to remand a case after receiving notice.

What is venue?

Venue refers to the geographical location or court where a case is tried, ensuring it is in the proper jurisdiction related to the events of the case.

What are the three areas where venue is allowed?

1. District where any defendant resides

2. Where a substantial part of the events took place

3. If 1 or 2 do not apply, where one defendant has personal jurisdiction

Is venue based on plaintiff’s or defendants residence?

Venue is primarily based on the defendants' residence.

What are the two reasons for a court transferring venue if it was proper in the first place?

Convenience + Interest of justice

If venue isn’t proper, what two options does the court have?

1. Dismiss the case

2. Transfer to a venue that is properTransfer to a proper venue

How much time do you have after filing to serve the complaint to the defendant?

Generally 90 days after filing.

What are the three required elements of a complaint?

Statement of jurisdiction

Statement of facts

Demand for relief

How many days do you have to answer a complaint?

Typically 21 days after service of the complaint.

How many times can you amend a pleading and how soon do you have to amend it?

A pleading can be amended once as a matter of course within 21 days after serving it, or if it is a response, within 21 days after service of the opposing party's pleading.

What happens if you accidentally name the wrong party in a complaint, but they know that?

The wrong party can still be substituted as long as the correct party received notice of the action and there is no prejudice in maintaining the suit.

What is a counterclaim?

Defendant raises a claim at the plaintiff

What are the two types of counterclaims?

Compulsory and Permissive

What is the difference between a compulsory and permissive counterclaim?

1. Compulsory Counterclaim

   1. Same transaction or occurrence

   2. Supplemental jurisdiction

2. Permissive Counterclaim:

   1. Not same transaction or occurrence

   2. Needs independent jurisdiction

What is joinder?

The process of bringing multiple parties or claims into a single lawsuit, either as plaintiffs or defendants, to promote judicial efficiency.

What is the difference between permissive and compulsory joinder?

Permissive joinder allows parties to join claims voluntarily, while compulsory joinder requires parties that are necessary for a complete resolution of the case to be joined in the action.

What are the four requirements to certify a class action?

1. Size

2. Common Question

3. Typical

4. Representation/Conflict

What is the total $ amount exception to a diversity of class actions where the individual claims do not exceed $75,000

In class actions, if the total amount in controversy exceeds $5 million, federal courts may assume jurisdiction despite individual claims being less than $75,000.

What is an intervention?

Intervention is a procedure that allows a non-party to join an existing lawsuit, typically because that person has an interest in the outcome. It can be either as of right or permissive, depending on the circumstances.

What is the difference between an intervention as of right and a permissive intervention?

Intervention as of right occurs when a non-party has a legal interest in the action and their rights may be affected, requiring the court to allow their participation. Permissive intervention is allowed at the discretion of the court when a non-party's claim or defense shares a common question of law or fact with the main action.

What is an interpleader?

An interpleader is a legal procedure that allows a party holding property to initiate a lawsuit to determine which of two or more claimants is entitled to the property, thereby avoiding multiple liabilities.

What is the difference between statutory and rule interpleader?

1. Statutory Interpleader

   1. Nationwide service of process is allowed

   2. Any 2 claimants can be diverse

   3. $500 or more at stake

   4. Deposit money/property in Court/bond

2. Rule Interpleader

   1. No Nationwide service

   2. Complete Diversity between claimant and ALL opponents

   3. 75K+ requirement

   4. Not required to deposit money 

What is an impleader?

Impleader is a procedural device that allows a defendant to bring a third party into a lawsuit, asserting that the third party is liable for all or part of the plaintiff's claim against the defendant.

What is a cross-claim?

A cross-claim is a claim brought by one party against a co-party in the same action, typically arising out of the same transaction or occurrence related to the original claim.

What are the three requirements for something to be discoverable?

1. Proportional

2. Relevant

3. not privileged

What is work product?

Work product is a legal doctrine that protects materials prepared by an attorney in anticipation of litigation from disclosure during discovery, ensuring that an attorney's strategies and thought processes remain confidential.

When is work production discoverable?

1. Substantial Need

2. Undue hardship in obtaining material

How many people can you depose during discovery?

10

Do you have to subpoena parties to depose them? Non-parties?

Only non-parties

How many interrogatories can you send?

25 interrogatories

Can you send an interrogatory to a non-party?

No, interrogatories are only for parties to the case.

What are the three requirements for a physical or mental exam?

1. Must be an issue in the case

2. Need a court order

3. Need good cause

Brief explanation comparing a conference of parties to a scheduling conference, to a final pretrial conference

A conference of parties helps narrow the issues before the court, a scheduling conference sets timelines for discovery and motions, while a final pretrial conference focuses on final preparations for trial and resolving any outstanding issues.

What is a temporary restraining order?

A short-term court order issued to prevent immediate and irreparable harm before a full hearing can be held.

How long does a TRO last?

Expires in 14 days, can be extended once

What is a preliminary injunction?

A court order issued early in a lawsuit that prevents a party from taking a specific action until the case is resolved on the merits.

Does a jury verdict need to be unanimous in a civil dispute?

Yes, in federal court.

How many days do you have to demand a jury trial after service of last pleading?

14 days

What is tried first and by judge or jury if there is an issue of a legal and equitable claim?

The legal claim is tried first by a jury, followed by the equitable claim tried by a judge.

What are the two ways to dismiss a juror?

1. Dismiss for cause:

   1. Juror shows bias/connection to case

   2. No limit

2. Peremptory challenge:

   1. Dismiss for any reason

   2. Each party has 3

What are the three points that are waived if not included in the answer to the initial complaint?

Lack of personal jurisdiction, improper venue, insufficient service of process

What is a motion for summary judgment?

A request for the court to rule that the other party has no case because there are no facts at issue that require a trial.

How many days do you have to file a motion for summary judgment after discovery closes?

Typically 30 days.

What is a judgment as a matter of law (JMOL)?

1. A reasonable jury would not have a legally sufficient evidentiary basis to find for non-moving party

Who can file a renewed motion for judgment as a matter of law and when can they file it?

Only a party that filed a JMOL can file a RJMOL after the jury verdict, generally within 28 days of the entry of judgment.

What is the difference between remittitur and additur?

Remittitur reduces the damages awarded by a jury, while additur increases them, typically at the discretion of the court.

When can you get a new trial for newly discovered evidence?

1. Evidence is discovered after trial

2. Party was reasonably diligent in searching for evidence before/during

3. Evidence is material

When will the court enter a default judgment?

If one party fails to plead or defend

Can a plaintiff voluntarily dismiss their claim?

Only one time without prejudice before the defendant answers

What is the difference between an involuntary dismissal with or without prejudice?

An involuntary dismissal without prejudice allows the plaintiff to re-file the case, while a dismissal with prejudice bars the plaintiff from bringing the same claim again.

1. With Prejudice

   1. Failure to state a claim

   2. Failure to obey court order

   3. Failure to prosecute

2. Without Prejudice

   1. Lack of jurisdiction

   2. Venue

   3. Failure to join an indispensable party

What is claim preclusion?

Claim Preclusion (Res Judicata)

1. Same parties or privity 

2. Same transaction or occurrence

3. Judgment on the merits

What is issue preclusion?

1. Issue Preclusion (Collateral Estoppel)

   1. Same issue

   2. Final judgment

   3. Issue necessary to judgment

How many days to you have to file an appeal?

Generally, you have 30 days to file an appeal after a final judgment

Can you file an appeal if you didn’t have an objection at trial?

In general, you cannot appeal an issue unless you preserved it for review by raising an objection during the trial.

What is an interlocutory order?

Order given before final judgment that is not appealable and typically relates to procedural issues.

What is the collateral order exception?

1. You are able to appeal, even though it is before judgment because:

   1. Conclusively determines disputed question

   2. Resolves important issue separate from merits

   3. Delay would cause irreparable damage

What are the three standards of review?

1. De Novo: 

   1. Issue of Law

2. Abuse of Discretion:

   1. Court Errors

   2. Relevancy

   3. Prejudice

   4. Admissibility

3. Clearly Erroneous:

   1. Issue of Fact 

What is the Drie doctrin?

1. Federal vs. State Law

   1. Apply State substantive law

   2. Apply federal procedural law

   3. Venue

      1. Procedural Issue - Federal Law

   4. Statute of Limitations

      1. Substantive Issue - State Law