Adaptibar Civil Procedure

Subject-Matter Jurisdiction

1. Diversity citizenship
2. Federal question

Diversity - Amount in Controversy

Must be in excess of $75k
Court must have "legal certainty"

Adding Claims - Diversity

Plaintiff can ADD claims if one EXCEEDS $75k
Single plaintiff can ADD claims against single def. to reach $75k

Multiple Plaintiffs - Amount in Controversy

If single plaintiff meets $75k, then other plaintiffs can join
Can NOT join if no SINGLE claim exceeds $75k

Class Action - Amount in Controversy

One named member must meet $75k

Diversity Jurisdiction

1. Case exceeds $75k
2. Complete diversity of citizenship

Diversity of Citizenship

NO plaintiff may be a citizen of the SAME state as ANY def.

Citizenship - Domicile

Present location & intent to stay

Foreign Citizens

US citizen + foreign citizen = diversity
2 foreign citizens = NO diversity

Corporation - Domicile

State of incorporation
AND
Principal place of business

Joining Parties - Diversity

Can NOT join a party just to obtain diversity

Federal Question

1. Plaintiff's claim MUST be based on federal law
2. Well-Pleaded Complaint Rule: federal issue must be OBVIOUS

Federal Issue as a Defense

Federal issue as a defense is NOT a federal question

Federal Question Cases

1. Admiralty
2. Maritime
3. Intellectual property

Supplemental Jurisdiction

May ADD claims without subject-matter jurisdiction if they ARISE from a "common nucleus of facts"

Diversity Cases - Supplemental Jurisdiction

NEW party cannot destroy diversity of citizenship

Supplemental Jurisdiction - Allowed:

1. Compulsory counterclaim
2. Joinder in compulsory counterclaim
3. Cross-claim
4. Impleader of 3rd party defs.

Supplemental Jurisdiction - NOT Allowed:

1. Original plaintiff vs. 3rd party def.
2. Compulsory joinder
3. Joinder of defs.
4. Intervention

Supplemental Jurisdiction & Discretion

Court has DISCRETION to apply supplemental jurisdiction

Personal Jurisdiction

In personem
Ability to bring the individual into court

General Rules for Personal Jurisdiction

1. Present/personally served
2. Domiciled
3. Consent

Long-Arm Statute

Gives court the power to reach out of state persons

Minimum Contacts Standard

1. Suit does not offend traditional notions of fair play & justice
2. Def. could reasonably anticipate litigation

Minimum Contacts - Corporations

Purposeful availment
Systematic & continuous activities

In Rem Jurisdiction

Jurisdiction over an object/property

Quasi In Rem Jurisdiction

Going after PROPERTY to satisfy a judgment against an INDIVIDUAL

Service of Process

1. ONLY in the state where the district court sits
OR
2. Anywhere allowed by long-arm statute

100 Mile Bulge Rule

1. Out of state service allowed within 100 mile radius
2. ONLY for out of state 3rd party defs./indispensable parties

Service of Process & Notice

Method must give adequate NOTICE

Proper Ways to Serve Process

1. Personal service by non-party over 18
2. At home with person of suitable age
3. First class mail
4. Authorized agent
5. State law methods

Out of State Service of Process

1. Mail
2. Newspaper if NO other reasonable way

Service of Process - Corporations

1. Officer or designated agent
2. Anyone of sufficiently high placement

Removal

When a state court case could have originally been brought in Federal Court.

ONLY Defendants can remove

Who Can Remove

1. ONLY the DEF. may remove
2. ALL defs. must agree

Removal - Timing

Filed within 30 days of service of complaint

Removal - Diversity Cases

1. Case can NOT be removed more than 1 year after start
2. Def. can NOT remove if he is a citizen of FORUM state

Removal - Multiple Claims

If one claim is removable, then the ENITRE case can be removed

Remand

Plaintiff wants to bring case BACK to state court after IMPROPER removal

Remand - Timing

Within 30 days of filing notice of removal
Def. has burden to show removal was PROPER

Venue

The proper federal district court for the case

Proper Venue

1. Where ANY def. resides, if all defs. reside in same state
2. Where substantial part of events took place

ONLY APPLY #3 IF 1 & 2 DONT APPLY:
3. Where there is personal jurisdiction over def.

Venue - Corporations

1. Principal place of business
2. ANY district in state of incorporation

What Is Venue Based On?

Venue is based on where DEF. resides

Transfer of Venue - Proper Venue

1. Court may TRANSFER to another district
2. For the convenience of parties & interest of justice
3. Law of ORIGINAL venue will apply

Transfer of Venue - IMPROPER Venue

1. Judge must dismiss OR transfer in the interest of justice
2. Transfer to any district where the case could have ORIGINALLY been brought

Transfer by Consent

BOTH parties must consent

Dismissal for Improper Venue

If the MORE convenient forum is a FOREIGN country

Complaint

Filing of complaint commences statute of limitations
Service of the complaint within 90 days

Elements of the Complaint

1. Statement of jurisdiction
2. Statement of facts
3. Demand for relief

Specific Complaint

Fraud & special damages

Answer

1. Signed by lawyer
2. Whatever is not denied is ADMITTED
3. Served within 21 days of service of complaint

Affirmative Defenses - Pled in Answer

Contributory negligence
Statute of frauds
Statute of limitations
Illegality
Duress

Amendment as of Right

Once within 21 days of service of pleading

Amendment - After 21 Days

Need court's permission
"When justice so requires"

Relation Back

Arose out of the same conduct, transaction, or occurrence

Relation Back (For PARTIES)

1. Same conduct, transaction, or occurrence
2. Within 90 days of filing the party had notice
3. Knew/should have known but for mistake of ID

Rule 11

Attorney signs to best of knowledge, information, and belief there is a basis for the claim

Rule 11 - Key Words

Warranted by existing law
Evidentiary support
No improper purpose

Counterclaim

Def. raises a claim back at the plaintiff

Compulsory Counterclaim

1. Same transaction or occurrence
2. Supplemental jurisdiction

Permissive Counterclaim

1. NOT same transaction or occurrence
2. Needs independent jurisdiction

Permissive Joinder

1. Single transaction or occurrence
2. Common questions of law/fact

Compulsory Joinder

Party needs to be joined or unfair

Necessary Party

Impair interest
If can NOT join due to jurisdiction - case may STILL PROCEED

Indispensable Party

Prejudice
If can NOT join due to jurisdiction - case must be DISMISSED

Class Certification

1. Size
2. Common question
3. Typical
4. Representation/conflict

Types of Class Actions

B1 = Impairment of interests
B2 = Injunctive relief
B3 = Common question (the SUPERIOR method)

Opting Out - Class Actions

B1 & B2 = Members may NOT opt out
B3 = Member MAY opt out

Notice & Class Actions

B1 & B2 = Notice NOT required, in discretion of court
B3 = Notice to ALL members

Diversity in Class Actions

1. Citizenship of the named representatives
2. ONE member must meet $75k
OR
The sum of claims is $5 million

Appealability of Class Actions

If certification of class is denied, MAY be appealed

Intervention as of Right

A nonparty has a right to intervene in an action when:

1. Interest in property/transaction
2. Interest is impaired
3. NO court permission required

Permissive Intervention

The court may allow intervention when:

1. Claim/defense has common question of law/fact
2. Court permission IS required

Interpleader

Interpleader allows a person holding property (aka “stakeholder”) to force all potential claimants to the property into a single lawsuit to determine who has a right to the property.

• 1 party owes something to 2 or more people

Statutory Interpleader

1. Nationwide service of process
2. Diversity is met if ANY 2 claimants are citizens of different states
3. $500 or more at stake
4. Deposit money/property in court/bond

“claimant” means the person applying for relief

Rule Interpleader

1. NO nationwide service of process
2. Complete diversity between claimant & ALL opponents
3. $75k requirement
4. NOT required to deposit money

Impleader

Adding a 3rd party def. who owes part or all of claim

Crossclaim

Crossclaims are claims against a co-party (eg, one defendant against another defendant)

1. Co-party
2. Same transaction or occurrence
3. Actual damage

Discoverable

1. NOT privileged
2. Relevant
3. Proportional to needs of the case

Work Product

Generally immune from discovery
Documents prepared in anticipation of trial

Work Product - Discoverable

1. Substantial need
2. Can NOT obtain without UNDUE HARDSHIP

Absolute Immunity

Mental impressions
Conclusions
Legal opinions/theories

Expert - Testifying

1. MUST provide ID
2. Expert must prepare report

Expert - NOT Testifying

Discoverable only in EXCEPTIONAL CIRCUMSTANCES

Duty to Supplement

Duty to supplement incomplete or wrong information
Must be done in a timely manner

Depositions

(Methods of Discovery)

• Party or non-party

• Written or oral

• Non-party by subpoena

• Limit = 10

• Can NOT depose the same person more than ONCE without the court's permission

Interrogatories

(Methods of Discovery)

• Only to a PARTY

• Written/answered in writing due within 30 days of service

• Limit = 25

Request to Admit

(Methods of Discovery)

• Requests served on other party to admit truth of facts within scope of discovery

• No limit

• Written response due within 30 days of service

Request to Produce

(Methods of Discovery)

Request served on party (or subpoena served on nonparty) to produce and allow inspection of documents, electronic information, tangible items or land

No limit

Written response due within 30 days of service

Physical/Mental Exam

(Methods of Discovery)

1. MUST be at issue
2. Court order
3. Good cause

Object to a Request

Information not relevant

Protective Order

Stop discovery for embarrassment, harassment, or undue burden

Order to Compel

Party NOT complying with discovery

Admissibility at Trial

Discoverable information is ADMISSIBLE at trial

Conference of Parties

1. Court MUST have conference
2. Parties MUST submit discovery plan

Scheduling Conference

1. Court MUST have conference to limit time
2. Must issue SCHEDULING ORDER (aka case management order) within 90 days of filing complaint
3. Can NOT be modified unless GOOD CAUSE

Final Pretrial Conference

1. Court MAY hold conference
2. IF there is a conference, court MUST issue pretrial order
3. ONLY modified to prevent MANIFEST INJUSTICE

Temporary Restraining Order

1. NO notice
2. IMMEDIATE IRREPARABLE harm
3. Expires in no more than 14 days

Preliminary Injunction

1. Notice & hearing REQUIRED
2. IRREPARABLE HARM

7th Amendment

Right to Jury Trial
At least 6 jurors unless stipulated
UNANIMOUS verdict unless stipulated

Only applies to federal trials