Il Civil Procedure Mini Review

Front 1

SMJ: Circuit Courts

Back 1

Original & General Jurisdiction unless Exclusive Elsewhere

Front 2

SMJ: Appellate Courts

Back 2

Only final orders may be appealed to appellate courts, except:

1. injunctions

2. partial final orders

3. significant interlocutory orders

4. certified questions

must appeal order within 30 days

Front 3

SMJ: IL Supreme Court

1. original jurisdiction over...

2. appellate jurisdiction over...

Back 3

Original jurisdiction over: governor's vacanies & legislative redistricting

Appelate jurisdiction:

1. mandatory--Must review any order declaring any statute unconstitutional

2. discretionary--any order it pleases

Front 4

PJ: Illinois Law

3 bases under IL law...

Back 4

IL PJ: power of IL court over D's person or property

Must be granted by IL law and must be constitutional

Under IL law, 3 bases for PJ:

Consent, Presence, Long Arm

Front 5

PJ: Constitution

Back 5

Contacts, Fairness

Front 6

PJ: Presence

Back 6

Dancing, Domicile, Doing Business

Front 7

PJ: Long Arm (LIMIT)

Back 7

LIMIT
Land
Injury
Matrimony
Insurance
Transaction

Front 8

Service of Process: Individuals (PAW)

Back 8

PAW
Personal
Abode
Waiver

Front 9

Service of Process: Abode Service

Back 9

Abode
Thirteen
Household member

Front 10

Service of Process: Entities

Back 10

Personal service on an authorized agent, brainiac agent, any partner (if D is a partnership)

Front 11

Service of Process: Publication (RAMP)

Back 11

RAMP only available if:

Real Property in IL; and
Affidavit P must file swearing that D is outside after due inquiry; and

Mail to D's law known address; and

Publish 3 weeks in a row where action is pending

Front 12

Venue: General Rule

Back 12

Any defendant resides or any part of the claim arose

Front 13

Venue: Exceptions to General Rule (GRAIL)

Back 13

GRAIL
Government
Real Property
Absent Defendants
IL Insurance Company
Libel--where D resides and where libelous article was composed

Front 14

Change of Venue

Back 14

3 affidavits fearing prejudice, before substantial issue resolved

must file before judge has resolved any substantial merits-based issue

Front 15

Forum non conveniens

Back 15

a lawsuit filed in a proper venue may be dismissed if forum is grossly inconvenient

Conditional (D waives objections to being sued in a different forum within 6 months); Discretionary (parties or witnesses); Dismissal; Gross Inconvenience

Front 16

Pleadings: Content

Back 16

Liberal Fact Pleading

Front 17

Pleadings: Amendments

Back 17

Liberally granted on just and reasonable terms

Front 18

Pleadings: Relation back of claims

Back 18

Claims: Sameness (transaction or occurrence)

Front 19

Pleadings: Relation back of parties (KISS)

Back 19

KISS
Knowledge that but for mistake, D would have been named
Identity Mistake
Service of Process Timeframe
Sameness transaction or occurrence

Front 20

Joinder: General Rule

Back 20

Liberal and Permissive

Front 21

Impleader

Back 21

Third party claims, OK if 3rd party may be liable for all or part of D's liability to P

Front 22

Interpleader

Back 22

Common fund, rival claimants

Front 23

Intervention

Back 23

As of right --> Interest adversely affected; OR
Permissive --> discretion + commonality

Front 24

Class Actions (NAACP)

Back 24

NAACP
Numerosity: >40
Adequacy: of named party
Appropriateness: class action method
Commonality: issues of fact or law
Predominance: common issues predominate over individual issues

Front 25

Discovery: Methods

Back 25

1. Automatic prompt disclosures if $50,000 or less
2. Limited discovery deps
3. Pretrial witness disclosures, interrogatories
4. Ongoing duty to supplement

Front 26

Discovery: Scope

Back 26

Relevant and not privileged

Front 27

Discovery: Work Product

Back 27

1. Attorneys' Mental Impressions NEVER
2. Everything else, ALWAYS.

Front 28

Motions: Substitute Judges

Back 28

Each party has the right to change judge once before substantial issue resolved

Front 29

Motions: Plaintiff's Voluntary Dismissal without prejudice

Back 29

Once before trial or counterclaim + 1 year to refile (or until SOL has run)

Front 30

Motions: Defendants 2-615 Attacks

Back 30

Pre-answer, facial defects (right to motion waived if you file an answer)

Front 31

Motions: Defendants' 2-619 Dismissal

Back 31

Affirmative matter, outside complaint (can be filed with answer)

Front 32

Motions: Summary Judgment

Back 32

No genuine issue of material fact

Front 33

Motions: Directed Verdict

Back 33

After adversary rests it's case, granted if evidence so overwhelmingly favors

Front 34

Motions: JNOV

Back 34

Must file within 30 days of judgment. Evidence so overwhelmingly favored

Front 35

Motions: New trial

Back 35

Must file within 30 days of judgment

Discretionary for:
1. Trial errors, OR
2. Verdict against weight

Front 36

Motions: Vacate Default

Back 36

Within 30 days, liberally granted

Front 37

Motions: Relief from judgment (MEND)

Back 37

Between 30 days and 2 years, MEND:
Merit
Equity
New Facts
Due Diligence

Front 38

PJ: Bases for jurisdiction: Consent, Presence, Long-Arm

Back 38

Consent: express or implied

Front 39

PJ: Bases for jurisdiction: Consent, Presence, Long-Arm

Back 39

Presence:

1. actual, voluntary (while served with process--one foot is enough)

2. domicile (even if not in IL when served)

3. doing business (soliciting business is not enough)

Front 40

PJ: Bases for jurisdiction: Consent, Presence, Long-Arm

Back 40

Land: owns land in IL from which lawsuit derives

Injury: occurred in IL

Marriage: D does something in IL giving rise to action

Inurance: D enters an insurance contract for risk located in IL

Transaction of business: a single transaction, from which law suit derives

Front 41

PJ Constitutional if

Back 41

D purposefully availed himself of the benfits of IL

Front 42

collateral estoppel

Back 42

an issue which has been fully and fairly litigated as part of a final judgment cannot be relitigated