CIV PRO Flashcards
Supplemental jx shorthand
A party may use supp jx to have his claim heard in fed ct if the claim meets the “nucleus of operative fact test” UNLESS the claim:
- is asserted by a P
- in a diversity case
- and is asserted against a citizen of the same state as the P.
In other words, you can use supp jx to get a claim in fed ct w/ the main claim in fed ct using diversity as long as it’s not p (state 1) v. ∆ (state 1) and it’s the p’s supp claim you’re trying to get in
What’s the diff btwn SMJ & Venue?
Venue is the proper geographic district in which to bring an action. Venue can be conferred by agreement/K! The parties can agree by K to adjudicate in a particular fed ct in case the parties end up litigating a matter.
SMJ is the power of the federal courts aka the fed ct system to adjudicate the matter before it. SMJ cannot be conferred by agreement/K.
When is venue proper?
Venue is proper where:
- The district where ANY ∆ resides. [i thought it was where all ∆s reside??]
- Any district where a subst. portion of the COA arose.
- FALLBACK ONLY– Any dist. where ∆ is subj. to PJ FOR THAT COA.
When a ∆ REMOVES a case from state to fed ct, where is venue proper?
Venue is placed in the fed. ct. embracing where the action is pending. It doesn’t matter if venue is proper there under the general venue statute.
What type of law should the fed ct apply in a diversity case?
Under the Eerie Doctrine, a fed ct. in a div. case will apply fed. procedural rules, but the substantive law of the state in which it sits.
FED PROC. STATE SUB
Joinder birds eye view
Joinder is COMPULSORY. if ct could not provide complete relief without that party, or if the absent party could not protect an interest in the proceedings.
Impleader birds eye
Used when there’s an allegation that a 3PD will owe the ∆ if the P wins.
A third party claim is asserted by a third party DEFENDANT. So the limitation on supplemental jx in diversity cases doesn’t apply (the general rule is that a party may use supp. jx if claim meets same nucleus of op. fact test UNLESS the claim is: (1) asserted by a p; (2) in a div. case; AND (3) is asserted ag. a citizen of the same state as the P.). Since the limitation only applies to plaintiffs, it doesn’t apply to claims by a third party ∆.
What’s the required disclosures rule?
Under the federal rules, each party is required to make certain disclosures automatically. These include: (1) initial disclosures, (2) disclosures of expert testimony, and (3) pre-trial disclosures. Parties must disclose all info then reasonably available that’s not privileged and not work product.
For initial disclosures, a party must provide key info on individuals likely to have disc. information that the disclosing party may use to supp his claims or defenses unless the use would be solely for impeachment purposes.
may use to supp his claims or defenses unless solely for peach.
a computation of daamges and materaia on which that computation is based
under part of any judgment that might be entered.
For expert disclosures
expected to be used at trail
For pretrial disclsoures
the witnessnes she expects to call at trial
- the witnesses by means of a. depsoititn
- a list of docs or exhibitis she expects to offer or might offer if needed.
When can a party move for MSJ?
During discovery or within 30 days after the close of discovery.
What is a JMOL and when can a party make a JMOL?
Motion for JMOL/directed verdict.
No reasonable juror could have a legally sufficient basis for siding with the other party. A JMOL/DV may be made at trial at any time after the party has been fully heard on the issues.
What is a renewed motion for JMOL/JNOV and when must it be made?
28 days after EOJ.
What is a motion for new trial and when must it be made?
Must be made within 28 days after EOJ. Movant is arguing that a new trial should be granted b/c some error duing the trial OR b/c the verdict is against the weight of the evidence.
If you don’t make it within 28 days after EOJ, you lose your right to make it on appeal.
What is a crossclaim?
A crossclaim is a claim against a COPARTY. ∆ to ∆. It must arise from the same T/O as the underlying claim.
A cross claim is NOT compulsory; it can be asserted in another case.
Where is a corp subject to general PJ?
In any state that allows PJ to be exercised on registration w/ the state. Failing that, the company must be AT HOME in the forum [a corp. is always at home in (1) the state in which it is incorporated; and (2) the state in which it has its PPB.
If ∆ waives service, what is amt. of time ∆ has to respond to the complaint?
If ∆ has waived service, ∆ has 60 days from when the P mailed the waiver form to respond.
