Civil Procedure Lecture Notes

Comprensive flashcards covering Civil Procedure topics including jurisdiction, venue, service, pretrial motions, discovery, trial procedures, and post-trial preclusion rules.

What are the three ways to establish general personal jurisdiction?

Consent (express or implied), presence (continuous contacts or being served while in-state), or domicile.

Where is a corporation considered domiciled?

In the state where it is incorporated and where its principal place of business is located.

Where is a partnership or LLC considered domiciled?

In the state where its partners or members are citizens.

What are the two requirements for specific personal jurisdiction to be constitutional?

It must be constitutional under the state constitution (e.g., a long-arm statute) and under the Due Process Clause of the U.S. Constitution (minimum contacts).

What are the two requirements for diversity jurisdiction?

There must be complete diversity at the time of filing and the amount in controversy must exceed $75,000$.

What is the rule for supplemental jurisdiction regarding state claims?

State claims may be brought in a federal case if they arise out of a common nucleus of operative fact.

What is the time limit for a defendant to remove a case to federal court?

Within $30$ days of being on notice that the case is removable, but not over a year in diversity cases unless the plaintiff acted in bad faith.

When is a defendant prohibited from removing a case specifically on diversity grounds?

When any defendant is domiciled in the state in which they are sued.

Where is venue proper in a federal case?

Where any defendant resides if all defendants reside in the same state, or where a substantial part of the events or omissions giving rise to the claim occurred.

What is the difference between transfer to a proper venue and transfer to a more appropriate forum regarding applicable law?

For transfer to a proper venue, the law of the transferee court applies; for transfer to a more appropriate forum, the law of the transferor court applies.

What are the 'SAID' methods for serving an individual?

$\text{S}$tate law methods, $\text{A}$gent service, $\text{I}$ndividual personal delivery, or leaving it at the individual's $\text{D}$welling with someone of suitable age and discretion.

How long does a defendant have to answer a complaint if they waive formal service of process?

$60$ days (rather than $21$).

What is the time limit for serving a complaint after it is filed?

Within $90$ days.

Within how many days can a pleading be amended as of right?

$21$ days after service (or $21$ days after service of a responsive pleading/motion).

What is a compulsory counterclaim?

A claim that arises out of the same transaction or occurrence as the opposing party's claim; it must be brought or the right to bring it is lost.

How many days does a defendant have to implead a new party without seeking leave of court?

Within $14$ days of serving the answer.

What are the requirements for statutory interpleader in federal court?

An amount of at least $500$ and minimal diversity between any two claimants.

What are the requirements for a class action under CAFA?

$100$ or more plaintiffs seeking over $5 \times 10^6$ with minimal diversity.

What is the maximum duration for a Temporary Restraining Order (TRO)?

$14$ days, unless good cause is shown for an extension.

What is the discovery rule for work product?

Material prepared in anticipation of litigation is not discoverable unless there is a substantial need and undue hardship; however, attorney mental impressions are never discoverable.

What are the 'initial disclosures' (DISS) required during a 26(f) conference?

$\text{D}$amages calculation, $\text{I}$nsurance agreements, identity of supporting $\text{S}$witnesses, and supporting $\text{S}$documents.

What is the 'safe harbor' period for Rule 11 sanctions?

A party must be given $21$ days to withdraw the offending paper before a motion for sanctions is filed with the court.

How does the Erie doctrine distinguish between procedural and substantive issues in diversity cases?

Federal law generally applies to procedural issues (e.g., Federal Rules of Evidence/Civil Procedure), while state law applies to substantive issues (e.g., statute of limitations, elements of claims).

What is the Klaxon doctrine?

A federal court sitting in diversity must apply the choice of law approach prevailing in the state where it sits.

What are the size and verdict requirements for a federal jury?

The jury must begin with $6$ to $12$ members, and the verdict must be unanimous and returned by at least $6$ members unless otherwise agreed.

What is the deadline for filing a Renewed JMOL or a motion for a New Trial?

Within $28$ days of the entry of the jury's verdict.

What is the 'Two Dismissal Rule' for voluntary dismissals?

If a plaintiff voluntarily dismisses a case twice, the second dismissal is with prejudice, meaning it cannot be refiled.

What are the three requirements for Res Judicata (Claim Preclusion)?

Same claim (transaction or occurrence test), same parties (or privity), and a final judgment on the merits.

What are the four requirements for Collateral Estoppel (Issue Preclusion)?

Same issue, actually litigated, actually decided, and the decision was 'necessary' to the court's judgment.