Very Basic Overview

Civil Procedure Cheat Sheet Subject Matter Jurisdiction Subject Matter Jurisdiction  (cont) Federal federal issue must be Removal Question Venue Defendant may remove so Approp‐ Any district in which the presented in the plaintiff’s  well- long as the federal court can riate defendant resides if all plead complaint; federal exercise SMJ over the case Venue defendants reside in the state defense is not sufficient Additional no defendants can be citizens where the district is located; Diversity Must be complete diversity removal of the state in which the claim Where a substantial  part of the Jurisd‐ between the parties, amount in factors was originally filed; Motion for events or omissions occurred, or iction controversy exceeds $75,000 removal must be filed within 30 where the property is situated; (can aggregate if jointly liable) days of receiving the or If neither of the above apply, Individuals—dom    iciled where complaint; All defendants must venue is proper in a judicial nship of they are present with intent to join in or consent to removal district where any defendant is Parties remain indefinitely;  Corporati‐ Citize‐ subject to PJ Transfer PJ, SMJ, venue appropriate, of interest of justice ons—do  miciled where incorp‐ Personal Jurisdiction orated AND where the principal Tradit‐ service while voluntarily  present; place of business is located ional domicile; consent Supple‐ Court may exercise supple‐ Basis mental mental jurisdiction  over Long- Jurisd‐ additional claims so long as the Arm Federal Federal substantive  and iction claims arise out of a common Statute Question procedural law will control. nucleus of operative fact as the original claim; additional plaintiff Court discretion if: The claims of are complex or predominate  the Supple‐ lawsuit; The federal law claims mental are dismissed; or tere are any Jurisd‐ other compelling reasons to iction decline jurisdiction. Erie Doctrine Jurisdiction  Due Minimum contacts (purposeful process availment and relatedness); Diversity Court applies state substa‐ Fairness Jurisdiction  ntive law and federal Substance substantive- damages, SOL, v. evidentiary privileges cannot destroy diversity Rejection Due process and fairness Venue Specific Jurisd‐ ant’s conduct iction General defendant is essentially  “at Jurisd‐ home” in jurisdiction Procedure Pre-Trial Injunctions iction Fairness procedural law action arises out of the defend‐ Interest of the forum state in adjudicating the matter; Burden on the defendant of appearing in the case; Interest of the judicial system in efficient resolution; and Shared interests of the states in promoting common social policies Temporary Party seeks to maintain the Restra‐ status quo prior to a hearing ining for a preliminary  injunction. Order Must show immediate and irreparable injury and effort was made to give notice to opposing side. Last 2-14 days Civil Procedure Cheat Sheet Pre-Trial Injunctions  (cont) Pleadings (cont) Multiple Parties and Claims (cont) Prelim‐ Requires notice to the opposing Adding a permitted if: claim arose out of Necessary Court cannot afford complete inary party and a hearing. Must show new same conduct, transaction,  or party if: relief without the party; There Injunction Likely to succeed on the merits; Defendant occurrence; new defendant is a danger that the party Likely to suffer irreparable  harm received notice of the action would be harmed without in absence of injunction; within 90 days of the original joining; or There is a risk of an Balancing the equities favors complaint; and new defendant inconsistent judgment or granting; and Injunction is in knew or should have known the best interests of the public that but-for a mistake, he New party Extent to which judgment would have been part of the is indisp‐ would prejudice the parties in original complaint ensable the person’s absence; Extent Pleadings double liability Rule 4 Corporations—se    rvice may Rule 11 when documents are to which prejudice could be Service of be made on an officer, Standards submitted, certifies that the reduced or avoided by Process managing agent, general for Filing documents are filed in good protective provisions;  Whether agent, or agent appointed faith. If challenged,  must a judgment rendered would be or authorized by law withdraw or revise the adequate; and Whether the Rule 12(b) lack of SMJ, lack of PJ, document. May be subjected plaintiff would have an Motion to improper venue, etc. to sanction adequate remedy if action were dismissed for nonjoinder Dismiss Multiple Parties and Claims Rule 13 Can bring a cross-claim  so 12(b) Motion SMJ- any time; PJ/ venue/ Timing process- at first opportunity; Rule 19 party must be necessary, Cross-‐ long as it arises out of the state a claim/ join a Compulsory must be PJ, must be SMJ. If Claims same transaction  or necessary party- in any Joinder of adding the party would ruin pleading, motion for Parties diversity, the court must judgment, or at trial Rule 15 Plaintiff may amend its Amendments pleading once as a matter of right within 21 days after service on the defendant. Otherwise seek leave of court or written consent from opponent Adding a new claim Permitted if: original complaint was timely and new claim arises out of same transaction  or occurrence occurrence as the plaintiff’s original claim. Must have SMJ decide whether the party is Rule 14 Impleaded claim must relate indispensable (dismiss the Impleader to the original claim between case) or not (proceed the plaintiff and the defendant. without the party) Must have SMJ. Civil Procedure Cheat Sheet Multiple Parties and Claims (cont) Discovery (cont) Trial Procedure (cont) Rule Nonparty has an interest in the Expert Expert not called as a Directed Motion made by either party at 24 subject matter of the action; The Reports witness—r  eports only Verdict the close of plaintiff’s  evidence Interv‐ action may affect their interest; or accessible in exceptional or the close of all evidence; ention The nonparty’s interest is not circumstances  Granted if no reasonable (as of adequately represented  by the Duty to Must take reasonable steps person could differ as to the right) existing parties Preserve to preserve or could be Rule Nonparty is granted a conditional Electroni‐   subject to sanctions; Renewed Motion for judgment as a 24 right under federal statute; or cally Stored presume lost information Motion matter of law is denied and the Interv‐ Nonparty has a claim or defense Information  was unfavorable;  may also for issue goes to the jury; ention related to the original cause of in Antici‐ dismiss or enter default Judgment Renewed motion for judgment (permi action pation of judgment as a as a matter of law asks the Matter of court to override the jury’s Law verdict ssive) Litigation outcome Rule Used to resolve the problem of Physical Can compel a mental or 22 competing claims to the same and Mental physical exam of a party if Interp property Exams that party’s mental or Post-Trial Procedures physical condition is at issue Appeals leader Depositions Discovery Scope judgment. Interlocutory  appeal nonparty (must serve a allowed after the denial or grant of an injunction subpoena). Limited to ten Parties may discover any nonprivileged matter that is Subpoena relevant to a claim or defense duces Work Protects materials prepared by a tecum Product party in anticipation  of litigation; Interroga‐   Only used against party. Privilege EXCEPTION: Information  is not tories Presumptively limited to 25 request that a nonparty Res Claim preclusion.  Requir‐ produce documents Judicata ements: The same plaintiff and the same defendant from lawsuit #1; Lawsuit #1 ended in a valid final judgment on the merits; and Claimant is reasonably available by other means; and The party would be substantially prejudiced if not allowed to access the materials. May NEVER discover mental thoughts and opinions Generally, need a final Can depose party or asserting the same claim as in Adjudication without Trial Lawsuit #1 Rule 65 Asserts that there is no Summary genuine dispute as to any Judgment material fact and the party is entitled to judgment as a matter of law Trial Procedure Jury Seventh Amendment—right to jury Trial trial when damages exceed $20; Must demand jury trial within 14 days after service of last pleading Collateral Issue preclusion.  Requir‐ Estoppel ements: Same issue was actually litigated; Final valid judgment on the merits; Issue was essential to the judgment; and Mutuality (must be fair for new plaintiff to assert same issue)