Federal Rules of Civil Procedure: The Class: The Slideshow: The Musical: The Musical: The Series: The Flashcards

8(a)(1)

requires the complaint must have grounds for jurisdiction, plain statement of the claim, and demand for relief

§ 1332(a)(2)

Foreign Citizen and State citizen goes to federal court

§ 1332c1

Corporations are citizens of the state they are incorporated and principal place of business (their nerve center, according to Hertz)

1332(a)

Must reach amount in controversy (75000), and parties must be diverse

1331

Federal courts have original jurisdiction for cases arising UNDER the constitution, laws, or treaties of the United States

1338(a)

Federal Courts have exclusive jurisdiction over patent claims

1454(a)

patches out the method that you can arise a patent counterclaim to go to federal court

1441a

Any civil action of which the district courts have original jurisdiction may be removed by the defendant

1441(b)(2)

If served in the forum state (state in which the court the plaintiff chose is in there) defendant is at home and won’t be able to move

1446(b)(1)

30 days to remove from initial pleading or service

1446(b)(3)

If a claim not originally removable becomes removable the 30 days starts from when it becomes removable

1446(c)(1)

Case can not be removed more than one year after the commencement of the action unless the plaintiff acted in bad faith to prevent removal

1447c

Motion to remand the case following a removal must be filed within thirty days unless clear that the case lacks subject matter jurisdiction

1447(d)

An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1442 or 1443 of this title shall be reviewable by appeal or otherwise.

rule(4)(k)(a)

Service establishes personal jurisdiction over a defendant subject to the jurisdiction of a court of general jurisdiction in the state where the district court sits.

• Rule 4(k)(2): A federal "long-arm" rule for claims arising under federal law where the defendant is not subject to jurisdiction in any state's courts.

rule 4c1

Summons and complaint must be put together

rule 4c2

Someone over the age of 18 who is not a party must be the one to be served

4m

service must be done 90 days after filing

4e2A-C

in hand delivery where defendant is found, to an angent authorized by appointment or by law, or by service rules of the state

rule4h

for entities must be handed to an officer, managing agent, or general agent

60(b)(4)

default judgement without proper service is voided

Rule4d

plaintiff can mail a request and defendant signs to suffice for process

4d5

waiving service does not waive personal jurisdiction or venue

rule 4e1

Federal court may use states service rules

12h

personal jurisdiction can be waived

1367

Covers supplemental jurisdiction. In any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution.

12h1

parties can agree to a venue in advance

1391b1-3

venue is allowed in
1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;

(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated;

3: if not either, any district with personal jurisdiction over the defendant

1391c1

Person is a resident of where they are domiciled

1391c2

an entity with the capacity to sue and be sued in its common name (whether or not incorporated) is deemed to reside in any judicial district in which it is subject to the court's personal jurisdiction at the time the lawsuit begins

1406a

The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.

1404a

For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.

12b3

motion to dismiss because of wrong or improper venue

Forum non convenies

done if right venue but need to dismiss

rule 8d2-3

alternative and even inconsistent claims are allowed if done so in good faith

9b

claims about fraud or mistake must be made with particularity. But “[m]alice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.”

12a1ai

You have 21 days after service to make a resposnse

12a4a

If you moved and lost you have 14 days after the court acts to do something

55b1

Claims for a sum certain that default must be filed by the clerk

55b2

Claims not under a sum certain can have the court on motion default judgement

54c

Default judgements have a ceiling for payout

55c

Courts can set aside entry for default judgement under good cause

12b

allows for dismissal based on: Subject matter jurisdiction, personal jurisdiction, venue, service of process, process, failure to state a claim, failure to join a required party

12e

Motion for more definite statement (too ambiguous to provide a response). motion to strike an insufficient defense

12f

court to strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

12d

Outside material converts motion for dismissal into one of summary judgement

12g2

having moved, a party may not move again on a defense “available to the party but omitted”

11b4

denials rest on reasonable inquiries

8c

requires a party responding to a pleading to affirmatively state any avoidance or affirmative defense

11a

Attorneys have to sign pleadings and motions, pleading need not be verified, just certified inquiry by lawyer

Rule11b3

Used often if not enough evidence until after discovery, specifically so identified plead. Facts must have evidentiary support

11b

beleif formed after an inquiry reasonable under the circumstances

15a1

amending pleading as a right. Once no later than 21 days of serving or 21 days after service of responsive pleading or service under motion whatever is first

15a2

amending a pleading with leave. Only with written parties consent or court leave can it be done after 21 days

15b

amending pleading at or after trial. the court “should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party’s action or defense on the merits for the first one and then an issue “tried by the parties’ express or implied consent” is treated “in all respects as if raised in the pleadings.

15c1a-b

New claim after the statute amending pleading. applicable statute relates back, asserts a claim arising under the original conduct

15c1c

New party after the statute amending pleading. Same conduct, transaction, or occurrence—15(c)(1)(B)—and, within the Rule 4(m) period (90 days): (i) “such notice of the action that it will not be prejudiced in defending on the merits”; and (ii) it “knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party’s identity

17b

Capacity to be sued is determined by if individual not acting in rep capacity under laws of individual domicile, corporations under law they’re organized in and for all other parties the laws of the state they are located in

1332d

Minimal diversity from any class member. 5000000 in controversy and 100 plus members

Article 3 Section 2

federal courts can hear all Cases, in Law and Equity, ARISING UNDER the Constitution, the Laws of the United States, and Treaties

14th amendment

Any State shall not deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

1391d

When suing a corporation in a multi-district state that has jurisdiction over it, the corporation is considered to "reside" in any district where its local ties would be strong enough to establish jurisdiction if that district were a separate state, or, failing that, in the district where it has the most significant overall contacts.

8b

A denial must “fairly respond to the substance of the allegation

11c5a

no money sanction on a represented party for a (b)(2)

violation.

18a

A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party

42b

Separate trials

21

Severance of parties