Kansas Civ Pro Essentials

Front 1

Big areas of civ pro questioning

Back 1

Personal Jurisdiction
Subject Matter Jurisdiction
Venue
Discovery
Multiple Parties - joinder
Federal state interaction

Front 2

Big 3 long-arm situations in Kansas

Back 2

Business w/in state
Tort w/in state
Real property w/in state

BaTter

Hint 2

BTR

Front 3

What's the constitutional test for jurisdiction

Back 3

First, specific or general jurisdiction
Second, Is it fair play and substantial justice?

Front 4

What is the key test for specific jurisdiction?

Back 4

Arose out of minimum contacts which

Keys

1. Purposeful availment
2. Foreseeable to be hailed into court.

Front 5

What's the key distinction b/w specific and general jurisdiction

Back 5

The issue for specific jurisdiction arose out of the forum-critical issue.

In general jurisdiction contacts are so extensive that it makes sense to try case in KS regardless of where the wrong happened

Front 6

Key test for general jurisdiction?

Back 6

Substantial, systematic and continuous contact with the forum state

Front 7

The constitutional minimum for service of process?

Back 7

A method, "Reasonably calculated to inform" but if that doesn't exist, (can't find a party) then at least "not substantially less likely than alternative methods."

Front 8

How do I serve an individual in KS state court?

Back 8

1. Mail w/ return receipt

With written request to clerk:

2. Personal service
3. Residential service - leave at residence w/ person of suitable age & discretion

Front 9

How do I serve a business in KS state court?

Back 9

Same as an individual, choose either:

1. Officer or agent
2. Person in charge of any business office

Front 10

When is service required?

Back 10

W/in 90 days of filing suit

Front 11

I file suit on the last day of the statute of limitations, is my case in trouble if I wait 90 days to serve defendant?

Back 11

No, as long as defendant is timely served, then SOL is satisfied by the time of filing

Front 12

Find out the first service was faulty, and it's day 89, what now?

Back 12

Have 90 days to correct the service of process.

Front 13

How do I serve an individual in Federal court?

Back 13

Substantially same as KS, but can also serve an agent of the individual

Front 14

What is waiver of service?

Back 14

A federal court thing, parties can consent to waive service if they've received a copy of the complaint

Front 15

What are the benefits of waiver of service?

Back 15

1. Served party pays for service if no waiver.

2. If waiver, 60 days to file first responsive pleading, not 21.

Front 16

When do I have to serve process?

Back 16

90 days in state court

120 days in federal court

Front 17

How do I determine KS venue against KS resident?

Back 17

Venue proper in counties:
1. Where Cause of Action arises
2. Where D resides
3. Where P resides
4. Where D has business or employment

Front 18

How do I determine KS venue against non-KS resident?

Back 18

1. Where Cause of Action arises
2. Where P resides
3. Where D is served
4. Where D is transacting business

Front 19

KS venue against corporation?

Back 19

1. Cause of action arises
2. D's registered office
3. D is transacting business

Front 20

Federal venue?

Back 20

1. All D's in state = venue in that district
2. Where substantial part of events occurred
3. If neither of above - where D is subject to PJ

Front 21

When can I transfer case?

Back 21

1. Convenience of parties
2. Defect in PJ
3. Defect in SJ (patent court to district court)

In KS:

4 Cannot get fair trial in county
5. By stipulation of parties & ct. & sup ct.

Front 22

What happens when I transfer case for convenience of parties?

Back 22

Apply law of transferring forum

Front 23

What law do I apply when transferring to cure defect in PJ?

Back 23

Transferee forum

Front 24

Can I transfer a forum non conveniens case?

Back 24

Nope, it's a dismissal

Front 25

What type of jurisdiction do district courts have in KS?

Back 25

General jurisdiction

Front 26

Do I list the amount in controversy in KS?

Back 26

If <= $75k yes, if greater, simply say that

If K -> state amt in controversy

Front 27

Is there a safe harbor for Rule 11 violations in KS?

Back 27

No

Front 28

If KS court finds a Rule 11 violation, what then?

Back 28

Court MAY impose sanctions (now same as fed rule)

Front 29

Iqbal standard?

Back 29

Pleadings must have facts that make allegations not merely "conceivable" but "plausible."

Front 30

What are the pleadings in KS

Back 30

1. Petition
2. Answer
3. Answer to counterclaim
4. Reply (if court orders)
5. Answer to cross claims
6. 3rd party petition
7. 3rd party answer

Front 31

Are there initial disclosures in KS?

Back 31

No

Front 32

Can I discovery electronically stored information (ESI)?

Back 32

Yes

Front 33

Scope of discovery of ESI?

Back 33

Party need not produce ESI identified as "not reasonably accessible."

Front 34

What happens if I claim ESI is "not reasonably accessible" and opponent disputes?

Back 34

I explain to court why ESI is "not reasonably accessible."

Front 35

If the court agrees ESI is "not reasonably accessible" I'm home free - no production, right?

Back 35

Court can still order production of it for "good cause."

Front 36

Does KS have a clawback provision in discovery?

Back 36

Not officially, but courts tend to follow

Front 37

Keys to inadvertent production and privilege?

Back 37

Took reasonable steps to prevent disclosure and rectify the error = no waiver of privilege.

Front 38

Limits to interrogatories

Back 38

Fed: 25
KS: any

Front 39

Use of deposition at trial?

Back 39

Party: Any purpose
Non-Party: 1) impeach; 2) if unavailable - any

Front 40

Subpoenaing business records of non-parties in KS?

Back 40

1. 10 days prior, notify other side
2. If other side objects, get leave of court
3. After above, non-party has 14 days to respond

Front 41

Default judgment, who enters?

Back 41

Clerk enters if:
1. Sum certain
2. D failed to appear
3. D not minor or incompetent
(Otherwise, court)

KS: Court enters only

Front 42

My case was dismissed w/o prejudice, but I'm close to the SOL, what now?

Back 42

You have 6 months to refile the case without violating SOL

Front 43

Jury trial right?

Back 43

Fed: 7th Amendment
KS: State Constitution

Law v. equity
Law = $ = jury trial
Equity = injunction = judge

Front 44

Mixed law/equity claims?

Back 44

Fed - jury for legal elements, court bound by jury decision

KS: Court determines whether case is "essentially" law or equity

Front 45

How do I preserve my right to get a judgment notwithstanding the verdict (JNOV)?

Back 45

KS: Move for directed verdict at close of all evidence

Fed: D moves at end of P's case, doesn't have to move again at close of all evidence

Front 46

When do I move for a new trial or JNOV?

Back 46

Fed: 28 days
KS: 10 days

Front 47

What's a requirement for JNOV, and what's an alternate name for it?

Back 47

Must move for directed verdict during trial (at close of P's case in Fed or close of all evidence in KS)

Therefore, another name is "renewed motion for directed verdict")

Front 48

Do the parties have to be the same in order to use issue preclusion?

Back 48

KS: Yes
Fed: not necessarily
Defensive: New D may raise preclusion against same P who lost before
Offensive: At court's discretion the new P may raise issue against D who lost on it before

Front 49

If I'm in Fed court, can I use issue preclusion AGAINST someone who was not in the earlier case?

Back 49

No

Front 50

When can I appeal interlocutory orders?

Back 50

Fed & KS
1. Orders re: injunctions
2. When issue certified for appeal by trial court
3. Collateral order doctrine: interlocutory issue is separable from main suit

KS extras
4. Mandamus
5. Habeas Corpus

Front 51

Where do mandamus petitions start?

Back 51

Fed: Appeals court
KS: KS Supreme Court