Civil Procedure Notes

Civil procedure establishes the ground rules for noncriminal cases in the court system.
It encompasses filing a lawsuit, pretrial procedures, motions, and appeals.
Focuses on the "how" of lawsuits: how to get the case into court and how the court decides the winner.
Each state has its own civil procedure code, but the focus will be on the Federal Rules of Civil Procedure (FRCP).
Civil procedure can be broken down into three broad areas: forum selection, the litigation process, and appeals/effect of a judgment.

Forum selection determines where to file a case.
The forum must have power over the defendants or property involved.
Personal jurisdiction (in personam jurisdiction) refers to power over people.
In rem jurisdiction refers to power over property; literally means jurisdiction against a thing.
Subject matter jurisdiction determines if the court has the power to hear the case type.
- State courts generally have broad subject matter jurisdiction.
- Federal courts have limited subject matter jurisdiction.
  - Diversity cases: Cases where the plaintiff and defendant are from different states.
  - Federal question cases: Cases arising under federal law.
  - Supplemental jurisdiction: Allows federal courts to hear closely related state claims in the interest of judicial economy.

Diversity jurisdiction in federal courts addresses concerns that out-of-state parties might not receive a fair trial in state courts.
Conditions for diversity jurisdiction:
- The defendant and the plaintiff must be from different states.
- The amount in controversy must exceed $75,000$ .

Federal district courts can hear civil cases arising under federal law, including the Constitution, laws, or treaties of the United States.

Venue relates to the geographic location where a case can be brought, governed by statute in federal cases.
Statutes dictate transfer of a case to a more suitable forum.

In federal court, a case starts with the plaintiff drafting a complaint that informs the defendant of the claims.
The complaint is filed in a court permitted by forum selection rules.
The defendant must be served with a copy of the complaint.
After service, the defendant may file an answer or motions challenging the case's merits or the complaint's defects.
- Motions can challenge venue, subject matter jurisdiction, or sufficiency of service/complaint.
- The defendant may also file a counterclaim against the plaintiff.
Parties disclose evidence to each other.
- This disclosure can lead to settlement, stipulations of fact, and saved judicial resources.
If the case continues, jurors are selected through voir dire to ensure fairness.
Rules of evidence apply during the trial.

The losing party has the right to appeal.
Rules govern the time and method for exercising that right.
Issue and claim preclusion (collateral estoppel and res judicata) prevent relitigation of decided facts or claims.

Samantha was rear-ended by Julia in Illinois; Julia lives in Wisconsin, Samantha lives in Illinois.
Samantha sustained injuries and her car was totaled.

Amber (Samantha's lawyer) must consider subject matter jurisdiction, venue, and personal jurisdiction.
State courts have general subject matter jurisdiction over nearly all cases.
Federal courts have limited jurisdiction, primarily federal question and diversity of citizenship jurisdiction.

Case must arise under a federal statute, treaty, or the Constitution.
Samantha's car accident claim is a tort claim controlled by state law, not federal law.
The federal issue must be part of the plaintiff's well-pleaded complaint.

Requires that the claim exceed $75,000$ and complete diversity exists (no plaintiff shares state citizenship with any defendant).
A human is a citizen of the state in which they're domiciled.
Domicile is maintained until changed.
To change domicile, physical presence in a new state and intent to remain there permanently are required.

Assuming Julia is domiciled in Wisconsin and Samantha in Illinois, there is complete diversity.
Adding a third driver, Tia, who also lives in Illinois, would destroy complete diversity if Samantha sues both Julia and Tia.

Jed, the mountaineer, only changes domicile when he physically arrives in Beverly Hills with the intent to stay.
A student attending school out of state does not change domicile if they intend to return home after school.

A good faith allegation that the amount exceeds $75,000$ is needed.
Potential damages, but not potential defenses or counterclaims, are included.
If Samantha is awarded less than $75,000$ , it doesn't retroactively destroy diversity jurisdiction.

Applies when a claim is in federal court under diversity or federal question jurisdiction, and there's a related state law claim without an independent basis for federal jurisdiction.
The related claim must arise from a common nucleus of operative fact (same transaction or occurrence).
Original plaintiffs in pure diversity cases generally can't use supplemental jurisdiction.

If Julia's car sustained $16,000$ in damages, she can use supplemental jurisdiction to bring a counterclaim in federal court since it arose from the same accident.
The test is the "common nucleus test".

Only the defendant can remove a case from state to federal court.
All served defendants must join the removal.
Federal subject matter jurisdiction must exist.
The plaintiff can move to remand the case back to state court if it wasn't properly removed.

Subject matter jurisdiction gets a case into federal court; venue determines which federal court to file in.