Federal Civ Pro MEEs Flashcards
When is removal to Federal Court proper?
Cases can be removed to federal court if there is subject matter jurisdiction, all defendants join in the removal, and when SMJ is based on diversity, no defendant is a citizen of the state in which the case is pending.
When is removal to Federal Court timely?
Removal must occur within 30 days of receipt of an amended pleading, order, or other court paper showing that a non-removable case has become removable. If the case is a diversity action, removal may not occur more than one year after the case was filed unless the defendant can show bad faith on the part of the plaintiff.
When can a motion to dismiss for lack of subject matter jurisdiction be filed?
At any point during the proceeding
When may a declaration be attached to a motion to dismiss?
Declarations are admissible and have the same effect as an affidavit or sworn statement. They are effective when the declaration is under penalty of perjury, dated, and signed by the declarant. The declaration is appropriate to attach to a motion to dismiss if it is not an insufficient defense, redundant, immaterial, impertinent, or scandalous.
When should a Federal court permit amending a pleading?
Rule 15 permits a court to grant leave to amend unless a specific reason like undue prejudice, undue delay, futility, or bad faith exists that would make it unjust for the court to allow the requesting party to amend the pleading
When should a motion for summary judgment be granted?
Rule 56 states that motions for summary judgment should be granted if the moving party shows no genuine dispute of material fact and they are entitled to judgment as a matter of law.
When may a Federal court exercise supplemental jurisdiction?
If the claims are part of the same case and controversy, transactionally related, and arising from the same common nucleus of operative fact.
When may a defendant serve a third party complaint?
When the defendant is asserting a claim of derivative liability. NOT available when the defendant alleges that someone else did the actions alleged.
