Claim and Issue preclusion plus special proceeding

Question 1

What is claim preclusion (or res judicata)?

Answer 1

When claim against particular defendant is brought to final judgment on merits, all other claims by that P against that D barred if arise from same transaction, even if based on different theories or seek different remedies (policy exception for domestic abuse)

Question 2

What is issue preclusion (or collateral estoppel)?

Answer 2

Avoids/prevents need for re-litigation of specific fact issues decided in prior proceeding if:

1. Issue in both proceedings was identical
2. Issue necessarily litigated and decided in 1st proceeding
3. Party against whom issue preclusion asserted had full and fair opportunity to litigate the issue

Question 3

What is a special proceeding?

Answer 3

Speedy procedure, purpose of which to obtain judgment as final resolution of dispute

Decided in same manner as SJ

Requires specific statutory authorization

Question 4

How do we commence a special proceeding?

Answer 4

Petitioner files petition

Petition and notice of petition served on respondent within 15 days after expiration of SOL of special proceeding (same methods)

Return date no sooner than 8 days after service complete