Civil Procedure Flashcards
Personal Jurisdiction
Must
1) Fall within a state statute (Long Arm Statutes)
2) Satisfy the Constitution
Personal Jurisdiction Constitutional Analysis
- Contact. Is there a) purposeful availment and b) Foreseeability?
- Relatedness. Does P’s claim arise from or relate to D’s contact with the forum?
Yes –> Specific PJ
No –> General PJ - Fairness. If SPJ applicable, ask about a) burden on defendant and witness, b) State’s interest, c) Plaintiff’s interest
Process consists of:
1) Summons
2) Copy of Complaint
Who Can Serve Process?
Over-18, non-party
You Can Serve Process:
1) To the person; or
2) At D’s usual abode on someone of suitable age and discretion who resides there; or
3) Service on agent/authorized agent; or
4) State law methods
5) To person in foreign country, mail sent by clerk of the American court
Waive Service of Process?
D files waiver and sends to P
Subject Matter Jurisdiction
1) Over $75k
2) Complete diversity
Can only be citizen of one U.S. state
Corporation = Incorporation + PPB
How Do You Change Domicile?
1) Physical Presence AND
2) Subjective Intent to make new place domicile for the foreseeable future, e.g. registering to vote, buying a house, etc.
Citizenship of Unincorporated Association
Citizenship of all its members.
If it’s a limited partnership, citizenships of general and limited partners.
Aggregation of Claims
Single Plaintiff can aggregate any and all claims against a Single Defendant
Claims need not be related to each other
Joint Claims - Aggregation?
Total Value of the Claim
(Look for the word ‘joint’)
Aggregation in the Case of Equitable Relief?
Two Strategies:
1) Plaintiff Viewpoint –> If granted, does the relief requested have a value of over $75k?
2) Defendant Viewpoint: If granted, will the relief requested cost the defendant more than $75k?
Excluded Cases
Federal courts decline to hear actions for divorce, alimony, child custody, and actions to probate an estate
Collusion Creation of Diversity
If a party attempts to create diversity by a sham transaction, courts will ignore –> No Diversity
Federal Question Jurisdiction
Is the plaintiff enforcing a federal right?! (That’s all, really.)
Must appear on the face of the well-pleaded complaint.
How Long to Remove from Federal Court?
30 days
Removal
1) Notice of Removal filed by defendant in federal court, stating grounds of removal (federal SMJ)
2) Attach documents from service of process
3) Promptly Serves copy on adverse process and files in state court
More on Removal
All Defendants must agree
Plaintiffs can NEVER remove
Limitations on Removal
1) “In-State Defendant Rule” –> case should not be removed if even one defendant is a citizen of the forum state
2) One Year Limitation.
Change in Removability
A diversity case with an -instate defendant (or a non-diverse defendant) can become removable later if the claim against THAT person is voluntarily dismissed
How Long to Remand
30 days, unless it’s based on lack of SMJ (can be filed at any ti me)
Supplemental Jurisdiction
1) Does the additional claim have independent SMJ? –> No Supplemental Jx Needed
2) Does the claim arise from a common nucleus of operative fact as the existing claim?
Limitation on Supplemental Jurisdiction
Plaintiffs cannot invoke SJx in diversity cases…
…UNLESS there are multiple plaintiffs, and the claim by one of them does not meet the amount in controversy requirement. There, the plaintiff can assert Sjx.
Time for Expiration of TRO
14 days
Time to Appeal Class Action Certification or Denial
14 days
File Jury Demand After Last Pleading
14 days
Answer a Complaint
21 days
Time to File a Rule 12 Motion
(MTD for failure to state a claim, lack of SMJ, etc.)
21 days
Time to Amend a Pleading Once After its Service
21 days
Amend a Pleading After Responsive Pleading/Motion
21 days
Withdraw Pleading After Rule 11 Motion
21 days
Time to File for Removed JMOL
28 days
Time to Motion for a New Trial
28 days
Time to File for Initial Removal
30 days
Time to Remand
30 days
Time to Waive Service of Process
30 days
Time to Appeal
30 days
Time, if D waived service of process, to answer complaint or file a 12(b) motion
60 daysS
Time to Serve Process
90 days
Time for Diversity Removal
1 year
