Fed Civ Pro

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SMJ

Back 1

Power of a court over SM of action or kind of action you have.

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Federal Courts
Limited Jurisdiction

Back 2

Courts of limited jurisdiction, therefore, there must be a jurisdictional basis for each claim filed in fed. ct.

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Fed Courts
2 Jurisdictional Bases

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1) Arising under federal law:
- created by federal law
- created by state law but depends on constitutional, substantive FQ
*Note that the claim must have a federal issue on its face; not defenses.

2) Diversity.

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Fed Courts
Diversity

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Must be complete diversity and amount in controversy must exceed $75K.

Complete-no single P may be a citizen of the same state as any single D.

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Fed Courts
Diversity
Citizenship

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1) Individuals-a person's state is their domicile-their true home and where they intend to remain/return.

2) Corps-2 separate states-state of its incorporation and state where its principal place of business is/HQ.

3) Unincorp Associations-p/ship, limited pship-every single owner counts as a separate domicile person for diversity-so complete diversity is usually impossible.

4) Aliens
- pure aliens-not PR-may not sue another pure alien on diversity; pure alien may sue or be sued by non-alien.

- PRs-deemed to be domiciled in state of permanent residence and may not sue US citizen domiciled in same state.

- American citizen domiciled outside of America-he may not sue/be sued based on diversity, bc not alien and not citizen of any state.

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Diversity
Amount in Controversy

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Must exceed $75,000.
P's viewpoint governs; Ps can't aggregate claims to exceed $75,000.
Amount alleged governs even if receive less.

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Supplemental Jurisdiction

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If exam Q involves two claims and there's a primary jurisdictional basis for one claim, but not for the other, FC nontheless has discretion to assert supplemental jurisdiction over both claims if they derive from a COMMON NUCLEUS OF OPERATIVE FACT.

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Supplemental Jurisdiction
Exception

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**If only primary jurisdictional basis is diversity, Ps can't use supplemental jurisdiction to bring additional claims against nondiverse parties.

*Ds CAN use supplemental jurisdiction to bring additional claims against nondiverse parties, even if only primary basis is diversity.

*Ps can use supplemental jurisdiction to bring in additional claims against nondiverse parties, if arising under claim.

*Ps can use supplemental jurisdiction to bring additional claims against diverse parties, even if additional claims do not exceed $75,000.

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Removal and Remand

Back 9

Ds may remove an action from state court to fed court that geographically embraces the state court by: all consenting to filing a notice of removal in federal court within 30 days of state court complaint.

BUT, Ps may file a motion to remand action back to state court within 30 days of filing of notice of removal, and, in any case, fed court must remand particular claims back to state court if:
- there is no federal jurisdiction over those removed claims.

*Exception: If the only primary jurisdictional basis is diversity, there can be no removal if:
1) either the notice of removal was filed more than a year after the original state court action was filed OR
2) if any single D's a citizen of a state where the action was filed.

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Fed/State Court Relations
Erie Doc

Back 10

Which law does a fed court apply to resolve a nonfederal claim-state/federal?

State law governs where the difference between a state and federal law would alter the outcome (usually always)...so...

State law governs unless the conflict involves federal statute, fed rules of civ pro, fed evidence rules, or the issue of trial by jury.

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Full Faith and Credit

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A federal court must recognize and enforce a valid judgement entered by any other federal or state court.

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Prohibition of Fed Courts

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Generally prohibited from enjoining any pending state court civil action or criminal prosecution and so parallel litigation is possible (could be litigation pending in fed and state ct.).

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Abstention

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Fed court may abstain from resolving any pending state law issues and may stay its own action until a state court resolves those issues.

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Provisional Remedies
Temporary Restraining Order
Preliminary Injunction

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TRO-an emergency order by court for 14 days to preserve the status quo and prevent irreparable harm.

Notice can be excluded if it would be impractical to provide notice before harm occurs.

Prelim Inj.-notice required to adversary; injunction will be grated to preserve status quo and prevent irreparable harm pending trial on the merits.

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Personal Jurisdiction

Back 15

PJ in fed court-in absence of federal statute that expressly grants PJ, a fed court merely borrows same PJ law of state where it sits.

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Service of Process
Authorized Server
Proper if...

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Any non-party over 18 is authorized to serve within 120 days of filing the complaint.

Process is proper if method is proper under federal rules and method is constitutional.

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Service of Process
Proper Methods (AWASP)
Constitutionality

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1) Adobe-server leaves process at D's last and usual abode w/somebody residing therein of suitable age and discretion.
2) Waiver-P mails completed waiver to D to formal process; 21 days to respond form service or if waive, 60 days.
3) Agent-must serve personally or mail request to waive to authorized/managing agent of D.
4) State method-may always use any prevailing process allowed in state where it sits.
5) Personal-server makes in hand, direct delivery to person of D.

Constitutionality-process is constitutional if it's reasonably calculated to apprise interested parties of litigation.

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Venue
Improper Venue Remedy

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Venue is proper:
1) In a district where any D resides if all Ds reside in same state (people-where domiciled, orgs-where PJ over them, min contacts).

2) Substantial part of claim arose or where property at issue is located.

Remedy-D may file motion to transfer in 1st response which'll be granted to proper venue at court's discretion for convenience of parties and Ws, in the interest of justice.

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Pleadings-Generally

Back 19

In fed court, complaints must contain sufficient facts to place adversary on notice of plausible claims; moreover, fraud claims require heightened scrutiny.

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Pleadings
Responsive Motions

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Following responsive motions will be waived unless they are filed in the 1st responsive pleading (answer or motion):

1) motion to dismiss for lack of PJ
2) motion to dismiss for improper service of process
3) any motion challenging venue.

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Amendments

Back 21

Pleader has R to amend his pleading 1 time as of R-w/in 21 days of service; afterwards, court shall grant a motion for leave to amend freely, for justice and to serve the merits.

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Relation Back of Amendments to Conform to SOL
Claims
Parties

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Claims-an amendment adding new claims relates back to the date of timely filed complaint if new claim derives from same transaction or occurrence as earlier timely filed claim.

Parties-an amendment adding new parties relates back to the date of timely filed complaint if:
1) claim arose from same transaction or occurrence as earlier timed complaint AND
2) new party must have acquired knowledge that but for mistake in name, it would have been sued (w/in time allowed for service of process-w/in 120 days of filing of timely complaint).

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Joinder
Claims
Parties
CCs

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Claims-party may join as many claims as it has regardless of whether any connection between claims.

Parties-if claims involving those parties derive from at least same series of transaction or occurrence.

CC-claims filed by Ds against Ps.
1) permissive-CCs that don't derive from same transaction or occurrence as P's claim and therefore are permissive and MAY be filed, but need not be.
2) compulsory-CC that derives from the same transaction or occurrence as P's claim and therefore, it MUST be filed as CC or WAIVED.

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Impleader

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TP claims-D may implead a new claim against a new TP if new party may be liable to D for all or part of D's same liability to P.

All-indemnification
Part-contribution.

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Interpleader
Traditional Rule Interpleader Diversity
Statutory Rule

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Holder of a common fund may file suit as P and interplead as D, all rival claimants to the fund.

Traditional R-there must be complete diversity and amount must exceed $75,000.

Statutory R-$500 or more is enough and minimum diversity is enough; minimum=if any 2 rival claimants are from different states).

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Intervention

Back 26

Nonparty moving to intervene an ongoing law suit.

As of Right-intervenor has R to intervene if has interest which as a practical matter, will be adversely affected and not protected by existing parties.

Permissive-fed J has discretion to grant if there's a commonality of issues in those of ongoing lawsuit and those affecting intervenor.

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Indispensable Parties

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A nonparty must be joined if its absence would be prejudicial to any party's R to full and fair adjudication.

But, if nonparty can't be joined bc there's no jurisdiction over nonparty or its claims, the court must decided in equity and good conscience whether to go on without nonparty or to dismiss entire action for failure to join an indispensable party.

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Class Action
Class Action Fairness Act

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An action in which a named party represents a class of commonly situated absent parties.

CAFA-fed courts also have jurisdiction over:
1) class actions w/100 or more Ps, who together seek more than $5 mil, if any single P is from a different state than any single D.

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Certification Reqs for Class Actions (CANT)

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1) Commonality-must be common issues of fact or law including common damages and injury.
2) Adequacy-named party and class council must fairly and adequately represent the class.
3) Numerosity-class must be so numerous that joinder of them all would be impracticable (140).
4) Typicality-claims of named party are typical of class.

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Certification Reqs for Class Actions
Additional Reqs for CAs Seeking $
Constitutional Reqs

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Predominance-common issues must predominate over individual issues.

Superiority-class action device is a superior method of adjudicating multiple claims.

Additional Constitutional Reqs-notice to class and right to opt out.

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Case Management/Discovery

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A fed court must hold an initial scheduling conference to establish a schedule for pre-trial procedure and must conduct a final pre-trial conference to establish a final pre-trial order.

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Discovery (Method + Scope)

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Material is discoverable if:
1) method is proper
2) material sought is within the scope.

Front 33

Methods

Back 33

Automatic Prompt Disclosure-parties must meet to discuss a discovery plan and before any other discovery method may be used, each side, without awaiting request must disclose:
1) all potential supporting Ws
2) all relevant supporting docs
3) damages computation
4) relevant insurance coverage.

Front 34

Presumptive Limits on Traditional Methods
Deposition
Request for Physical/Mental Exam
Electronic Discovery

Back 34

Only method that can be used on nonparty; 10 per side, 7 hours ea.

Exam-only method that requires court order which will be granted only upon good cause shown.

E-Discovery-a party need not initially produce electronically stored info if it would be an undue burden, but court can order it upon good cause shown.

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Duty to Supplement

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Each side must automatically supplement its prior disclosure within a reasonable time within discovering new info.

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Scope of Discovery

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Material is within scope if relevant and not privileged.

Relevant-to any part or any claim/defense and need not be admitted at trial.

Not Privileged-work product
WP-any material that's been prepared for litigation and not in the ordinary course of business; 2 types:
1) attorney's mental impressions-NEVER discoverable.
2) everything else-generally not discoverable unless you make a showing of substantial need and undue hardship.

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Sanctions

Back 37

Failing to respond to discovery request-after certified GF attempts to get discovery, a party may move to compel production and will recover its costs/fees in making motion.

Failing to dislcose (auto prompt disclosure)-material not disclosed can't be used.

Violating court order compelling disc.-can be barred from presenting evidence or an entire claim or defense.

Front 38

Motion for SJ

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Up to 30 days after the close of discovery-this motino can be made and will be granted if there's no genuine issue of material fact such that judgment becomes proper as a matter of law.

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Motion for Judgment as a Matter of Law

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After adversary rests, this motion can be filed and will be granted if there's a legally insufficient evidentiary basis from which a reasonable jury could find for the nonmoving side (usually denied).

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Renewed Motion for J as Matter of Law

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In fed ct., if party had filed original JML motion before jury deliberation, that party may renew motion within 28 days of judgment and will be considered by same std.

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Motion for New Trial

Back 41

Within 28 days of judgment, a motion for new trial can be filed and will be granted at court's discretion for
1) substantive trial errors
2) if verdict was merely against manifest weight of evidence.

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Trial by Jury

Back 42

Right to JT:
1) must file written demand within 14 days of service of complaint or answer.
2) Constitutional R-if claim primarily asks for monetary damages.

Peremptory challenges-each side has 3 strikes for no cause.

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Finality
Res Judicata
Collateral Estoppel
Finality R

Back 43

RJ-a claim which has been fully/fairly litigated to a final judgment on merits can't be relitigated by parties.

CE-an issue which as been fully/fairly litigated to a final judgment on the merits can't be relitigated by parties.

Finality-parties are barred from relitigating claims or issues which may have been fully/fairly litigated to a final judgment on merits.

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Appellate Jurisdiction

Back 44

Courts of appellate jurisdiction with jurisdiction only over appeals.

Only final orders can be appealed to app. cts.

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Appellate Jur
Exceptions
Partial Final Order
Discretionary Appeals of Interlocutory Orders

Back 45

PFO-order resolving some claims but not all, may be appealed if lower court finds no just reason to delay appeal.

Discretionary-if both trial court and appellate court find: doubt about whether order was correct on a controlling issue of law such that appellate review would materially advance litigation.

Front 46

Appeals
Time Req.

Back 46

Must file notice of appeal in district court within 30 days of entry or order judgment form which appealing.