Civil Procedure Flashcards
Complete diversity - Parties
For purposes of diversity of citizenship jurisdiction, complete diversity means that no plaintiff may be a citizen of the same state as any defendant.
Ex: If a plaintiff corporation is a citizen of multiple states and a defendant corporation is a citizen of one of these states, there is NO COMPLETE DIVERSITY.
Witness’ Immunity from Service of Process
If a witness travels to another jurisdiction solely to be a witness in a court action, the witness is immune from service of process. Therefore, the witness may not be served with process in person while in the other jurisdiction for court purposes. The immunity rule applies to witnesses, parties, and attorneys alike.
Amendments to pleadings - “Relates back”
Generally, amendments to pleadings relate back to the date the original pleading was filed if the law that provides the statute of limitations applicable to the action permits relation back or the amendment concerns the same conduct, transaction, or occurrence that was set forth in the original pleading.
Absentee - Court Personal Jurisdiction
An absentee MUST be joined if it is determined that an absentee’s interest in the subject matter of the litigation would be affected by a judicial determination of a case, the court has personal jurisdiction over the absentee, and joining him would not destroy jurisdiction or venue.
Representative ability to sue
Named representatives will be permitted to sue on behalf of a class if:
(i) The class is so numerous that joinder of all members is impracticable;
(ii) There are questions of law or fact common to the class;
(iii) The named parties’ interests are typical of the class;
(iv) The named representatives will ensure the fair and adequate representation of the interests of absent members of the class; and
(v) The action meets the definition of any of the following three types of class actions found in Rule 23(b): i. Separate actions by class members would create a risk of inconsistent results or, as a practical matter, would impair the interests of other absent members of the class; or ii. A defendant has acted or refused to act on grounds applicable to the class and injunctive or declaratory relief is appropriate for the class as a whole; or iii. There are questions of fact or law common to members of the class that predominate over individual issues and a class action is superior to the alternative methods of adjudication.
TRO - Temporary Restraining Orders
TROs may be issued without notice to the other party.
Right to Jury Trial - Seventh Amendment
The Seventh Amendment provides the right to a jury trial in federal courts for the determination of facts in all suits at common law where the amount in controversy exceeds $20.
General verdict with special interrogatories
A general verdict with special interrogatories is a verdict in which the jury finds for the plaintiff or defendant, determines the damages or relief to be given, and answers specific questions of fact.
Summary judgment - requirements
The standard for summary judgment is that:
- there is no genuine dispute of material fact; and
- the moving party is entitled to judgment as a matter of law.
Directed Verdict (or judgment as a matter of law)
A court cannot grant a motion for judgment as a matter of law (“JMOL”) until the nonmoving party has been fully heard and the court has found that a reasonable jury would not have a legally sufficient basis to find for the nonmoving party on that issue.
New trial - requirements
A new trial may be granted when:
- the verdict is excessive, inadequate, or against the weight of the evidence.
Note that a new trial also may be granted because of an error during the trial (usually going to the admissibility of evidence or the propriety of the instructions) or because of jury misconduct.
Involuntary dismissal - Federal Rule 41(b)
A court may, under Federal Rule 41(b), order an involuntary dismissal against a plaintiff on the defendant’s motion or on its own motion for the failure to prosecute the case, to comply with the Federal Rules, or to comply with a court order.
Claim preclusion (Res judicata) - Criteria
For claim preclusion (res judicata) to apply, all of the following criteria must be met:
(i) the earlier judgment is a valid, final judgment on the merits;
(ii) the cases are brought by the same claimant against the same defendant; and
(iii) the same cause of action is involved in the later lawsuit.
Issue Preclusion (Collateral Estoppel) - What requirements to a party to be bound by issue preclusion?
For a party to be bound by issue preclusion:
(i) there must have been a final judgment;
(ii) the issue must have been actually litigated and determined;
(iii) the issue must have been essential to the judgment; and
(iv) the party to be bound by the prior judgment must have been a party to the prior action or in privity with a party to the prior action.
Motion for relief - timing
A motion for relief from judgment because the judgment is void must be brought within a reasonable time, but there is no outermost deadline.
When relief is based on (i) mistake, inadvertence, surprise, or excusable neglect; (ii) newly discovered evidence that, by due diligence, could not have been discovered in time to move for a new trial; or (iii) fraud, misrepresentation, or other misconduct of an adverse party, the motion must be brought within a reasonable time not to exceed one year.
US Supreme Court - Appelate jurisdiction
The Supreme Court may hear some appeals from state courts and some appeals directly from federal district courts.
The Supreme Court hears, on direct appeal, any order granting or denying an injunction in any proceeding required to be heard by a three-judge district panel.
It also may hear by discretionary writ of certiorari final judgments of the highest court of a state if: (i) the validity of a treaty or federal statute is drawn into question; (ii) the validity of a state statute is drawn into question on the ground that it is repugnant to the federal Constitution or to a treaty or federal statute; or (iii) any title, right, privilege, or immunity is claimed under the federal Constitution or treaty or federal statute.
Recognition of Judgments
Under the Full Faith and Credit Clause of the Constitution and federal statutes, a state court generally must recognize the judgments of a sister state and federal courts generally must recognize judgments of state courts.
Recognition of judgments is required between state courts, between state and federal courts, and between federal courts.
State’s long arm statute
Looking at state statutes (particularly the state’s long arm statutes, which authorize jurisdiction over nonresidents of the state in certain circumstances) is the first step to determine if personal jurisdiction is authorized.
States have the power to decide over whom their courts may exercise personal jurisdiction. Additionally, even if the state statute authorizes personal jurisdiction over a particular defendant, the exercise of personal jurisdiction also must not offend the Due Process Clause of the U.S. Constitution.
Proper venue
Venue in civil actions is proper in a judicial district in which:
- any defendant resides, if all defendants are residents of the state in which the district is located.
- a substantial part of the events or omissions giving rise to the claim occurred; or
- a substantial part of property that is the subject of the action is situated.
Venue Transfer
Even where the original venue is proper, transfer is permitted to either:
(i) another district where the action might have been brought or (ii) a district to which all parties have consented (i.e. forum selection clause).
The policy behind this rule is that while venue may be correct, the parties or the witnesses might be greatly inconvenienced by the trial in the original forum.
Discovery rules - Disclosure
Under Federal Rule 26, before making the required initial disclosures, a party must make a reasonable inquiry into the facts of the case.
Federal Rule 26 requires parties to disclose certain information to other parties without waiting for a discovery request.
Rule 26 requires a party to disclose all information then reasonably available that is not privileged or protected as work product regardless of whether the party’s initial investigation is complete or whether the other party refuses (or otherwise fails) to make the disclosures.
Discovery - Work Product
Generally, the work product—a document or tangible thing—made by a party or representative of a party (such as the party’s attorney) is not discoverable if made in anticipation of litigation, unless the party requesting discovery can show substantial need and undue hardship if disclosure is not ordered.
Federal court - Supplemental jurisdiction
Once one claim satisfies the requirements for original federal subject matter jurisdiction, the court has discretion to exercise supplemental jurisdiction over related claims that derive from the same common nucleus of fact and are such that a plaintiff would ordinarily be expected to try them in a single judicial proceeding.
A defendant may remove an action that could have originally been brought in the federal courts.
Erie Doctrine
Under the Erie doctrine, when a state law-based claim is brought in federal court based on diversity of citizenship, the federal court generally applies the substantive law of the state in which it is sitting. However, where a specific federal statute or the Federal Rules of Civil Procedure are on point, the federal court must apply federal procedural law as long as the federal rule is valid.
