Civil Procedure

What are the three standards of review on appeal?

de novo; clearly erroneous; abuse of discretion

De Novo review

NO DEFERENCE to trial court. Appellate courts decide questions of law without deference to the trial judge’s decision (although they may be persuaded by it).

Clearly Erroneous review

intermediate level of deference to trial court. Definite and firm conviction of mistake

Discretionary decisions

HIGHEST deference to trial court. Abuse of discretion

What are the requirements for an atty who wants to appeal?

Prejudiced, preserved, presented

Prejudiced Requirement for Appeal Rule 61

A party cannot appeal UNLESS there is a HARM to a party’s substantial rights

Preserved Requirement for Appeal?

the party appealing must have made objections IN THE TRIAL COURT or in motions (MTD, MSJ)

Presented Standard of Appeal?

the party appealing must properly raise and argue the issue on appeal (such as in a notice of appeal)

Requirements for Res Judicata (claim preclusion)? When is a party prohibited from relitigating the same claim?

If the claim has:

the same parties or agents,

Valid judgment on the merits,

Same claim: any right to relief arising from the same T/O

Collateral Estoppel: When is a party barred from relitigating the same issue?

(1) the issue is the same issue that was decided in lawsuit #1; (2) the issue was actually p. 1207litigated in lawsuit #1; (3) the decision in lawsuit #1 was a valid final judgment or “final enough”; (4) the issue was necessarily decided in lawsuit #1; (5) the party against whom preclusion is invoked was a party to, or in privity with a party to, lawsuit #1; and (6) that party had a full and fair opportunity to litigate.

How long does a party have to file a notice of appeal?

30 days

Finality Principle

Appeal is usually postponed until there is a final judgment in the case

Exceptions to the Finality Principle

Orders concerning injunctive relief 28USC1292(a): a federal appellate ct may hear appeals from interlocutory orders which affect injunctions

How long does a party have to move for a new trial? Rule 59

28 days

Motions for Relief from Judgment Rule 60: When is a party relieved from orders of a final judgment?

For clerical mistakes: anytime!

For mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, or fraud: within 1 year

If void, released, satisfied, discharged, or “any other reason”: within reasonable time

What are the three reasons a party can move for a new trial Rule 59?

1. process errors: the trial had a serious process error that was prejudicial (made the verdict reliable or unfair)

2. Newly discovered evidence post verdict: the new evidence must NOT have been reasonably discoverable pre-trial

3. Weight of evidence: the judge thinks the jury got a verdict wrong, a DEFINITE AND FIRM conviction of mistake Trevidi

Judgment as a Matter of Law aka Directed Verdict

Made at the close of opponent’s case. Legally insufficient basis from which a jury could rule for the other guy

Renewed Motion for Judgment as a Matter of Law Rule 50b

Brought within 28 days of the entry of judgment. “renews” the former JMOL made at trial. Must have made JMOL at trial.

7th Amendment Right to a Jury Trial

AiC must be > $20 in 1791; 6-12 jurors; atty must request it within 14 days

Peremptory Challenge

An atty may challenge/strike 3 jurors during voir dire with no explanation

Batson Challenge

If striking jurors the same race as the Def, prosecutor must have race-neutral explanation

How can a party show that a novel statutory claim guarantees the right to a jury?

claim must be analogous to ‘“traditional” claims covered by 7a

Relief must be traditionally available in cases covered by 7a

Rule 20(a)

Permissive Joinder of Parties: multi Ps or Ds MAY be joined if the claims arise from the same T/O or series of T/O; AND share at least 1 common question of law or fact

PERMISSIVE not compulsory

Rule 19

Compulsory Joinder of Parties: certain parties MUST be joined if their absence would:

impair complete relief,

impair their interests,

risk multi/inconsistent obligations

What happens if a party is compulsory under Rule 19 but cannot be joined?

Ct should dismiss to state court/another forum

Rule 14

Def MAY bring in a third party who is liable for some or all of the claim; derivative liability should be handled in one action (contributory liability [partial] or indemnification [full, eg insurance])

PERMISSIVE not compulsory

Rule 24a

Intervention of Right: a nonparty MUST be allowed to intervene if:

they claim an interest that may be impaired

existing parties do not adequately represent their interest

Rule 24b

Permissive Intervention: a court MAY allow intervention when the new party’s claim shares a common question of law or fact. Cts will consider delay and prejudice to existing parties

DISCRETIONARY not mandatory

Rule 23

Class Actions: allows plaintiffs to join together outside of normal joinder rules against a common defendant

Requirements for Class Actions?

Commonality: common question of law or fact

Adequacy: reps must adequately represent the interests of the class; attys must vigorously represent absent class members

Numerosity: generally over 40; normal joinder would be impractical

Typical: the pain felt by the reps is the same pain felt by the absent class members

Rule 22

FRCP Rule Interpleader: stakeholder facing multi claims against one asset may REQUIRE claimants to join in order to avoid inconsistent or contradictory obligations

REQUIRES complete diversity btw stakeholder P and all Ds & AiC>75k

28USC1335

Statutory Interpleader: min diversity only. AiC>500 only. Venue allowed where any claimant resides, nationwide service and injunctions. Congressed eased requirements for rival claims

Rule 18(a)

Joinder of Claims: One party MAY join as many claims as it has against one defendant (subject to smjx, pjx, and venue etc)

PERMISSIVE

judicial efficiency & global peace

Rule 13a

A counterclaim is compulsory IF it arises out of the same T/O

Def must assert it or waive goodbye

Rule 13b

A counterclaim is permissive if it does not arise out of the same T/O

Rule 13g

Crossclaim: a claim by one party against a party on the same side of the v; arising out of the same T/O

PERMISSIVE

promotes efficiency and global peace