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30 Cards in this Set

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LIST

methods of satisfying personal jurisdiction based on 14th amendment due process clause
consent, domicile, physical presence, minimum contacts
Standard for minimum contacts
Must not offend traditional notions of fair play/substantial justice

Factors involve:
1) purposeful availment,
2) foreseeability,
3) fairness/reasonableness
Difference between general jurisdiction and specific jurisdiction
General jurisdiction: unrelated to D’s contacts with the state

Specific jurisdiction: related to D’s contacts with the state; even 1 contact with WA might be sufficient
Standards for WA statutory personal jurisdiction (in WA, outside WA)
Persons/property within WA, persons outside of WA w/long arm statute
WA long arm statute
Long arm statute: PJ if cause of action arises from - transaction of any business in WA, commission of tort in WA, ownership/use/possession of property in WA, contracting to insure person/property in WA, intercourse in WA that produces child, living in marital relationship in WA
14th amendment due process standards for notice
D must receive “notice reasonably calculated, under all circumstances, to apprise interested parties of pendency of the action”; personal service on D always satisfies
Requirements for being served
summons/copy of complaint served if
1) personally served; or
2) constructive service
DEFINE

personal service
Personal service: can be in D’s hand, left at D’s primary residence with someone, or mailed to D’s usual mailing address only if D cannot be reached with other method
DEFINE

constructive service
Constructive service: use affidavit certifying that D cannot be located and allege D is resident who left state, nonresident, D is WA corp and proper persons cannot be found, or action involves property in WA

Must publish once per week for 6 consecutive weeks in a newspaper of general circulation in county where lawsuit brought AND then mail a copy to D’s last known address
VENUE

for resident and nonresident individuals
Resident defendants: where one/any defendant resides; or where all or part of PI/property claim arose

Nonresident defendant: where P resides, where D was served, where D committed act that satisfies Long Arm Statute, or where PI or property claim arose
VENUE

for corporate defendants
Corporate defendants: WART - work (where work performed), agreement, resides, tort (where committed)
Perfection of commencement
Statute of limitations tolled by either filing a complaint or serving summons and complaint on D

P has 90 days to effect the other (perfection of commencement)
Complaint must include...
1) parties
2) short/plain statement of claim showing that pleader is entitled to relief
3) demand a relief pleader thinks is appropriate (prayer for relief)
Answer must include...
Answer: must include responses to allegations in complaint, affirmative defenses (waived if not included), any claimed 12(b) defenses, and other claims (joinder)
Answer - timelines
Timing: 20 days if served inside WA; 60 days if served outside WA/by publication; 90 days if served by mail
Amending a pleading - timelines
Amending a pleading: before trial - complaint if before answer is served, answer within 20 days after served; during/after trial - amendment where issues or claims were tried by express/implied consent of adverse party
Joinder for plaintiff, counterclaims, and cross-claims
Plaintiff: can join unrelated claims into one lawsuit

Counterclaims: compulsory counterclaims arise out of same transaction or occurrence as P’s claim; permissive counterclaims don’t arise out of same transaction or occurrence as P’s claim

Cross-claims: claim by one party against a co-party, usually by one D against another; must arise out of same transaction or occurrence as P’s claim against D; permissive, not mandatory
Types of party joinder
Permissive/Compulsory


Permissive: persons to be joined as P’s assert right to relief arising out of same transaction or occurrence or series of T and O, or persons to be joined as Ds have asserted against them a right to relief arising out of same T or O, and there is a common question of law or fact

Compulsory: necessary party must be joined if court has PJ (complete relief can’t be afforded; person to be joined has interest that will be impaired; existing party subject to multiple/inconsistent obligations); indispensable parties that cannot be joined = dismissal of claim (person must be necessary party, can’t be joined due to lack of PJ, existing parties prejudiced without joinder, and alternate forum exists)
Class action requirements
Requirements: commonality of question of law/fact, adequacy of representative parties, numerosity, and typicality of claims or defenses of class representatives
Discovery limits
Work product (prepared for/anticipation of litigation)

Experts not being called as witnesses

Protective order (requires conferral)
Methods of discovery
Deposition

Interrogatories

Requests for inspection

Requests for admission

Mental/physical exams
Deposition requirements for WA resident or non-WA resident
nonparty WA resident can be required to attend in county where resides, employed, or transacts business

Nonparty non-WA resident can be required to attend in county where served or within 40 miles of service
Interrogatory/inspection/admission timelines
respond within 30 days after service; D need not respond less than 40 days after service of summons and complaint
Sanction requirements
Confer: must first confer and certify that parties have conferred

Compel: motion to compel must be made

Sanctions: motion for sanctions must be made; up to judicial discretion as to specifics
Types of disposition without trial
Voluntary

Involuntary

Summary Judgment

Default judgment
Right to jury trial; when applicable
Overall nature of action governs availability; nature of remedy is most important (breach of K seeking specific performance or any action seeking injunction = not available)
Juror number/unanimity, challenges for cause and peremptory challenges
6 jurors given, unless parties demand 12; concurrence of 5 or 10 needed for verdict

Unlimited number of challenges for cause; bases “for cause” = bias, interest in outcome, inability to be partial

Each side has 3 peremptory challenges; can strike for any reason but gender or race
Motion for judgment as matter of law
Motion for judgment as matter of law: timing - close of opponent’s case, close of all evidence, or after jury verdict within 10 days of entry of judgment; test - whether there is no legally sufficient evidentiary basis for a reasonable jury to find for the nonmoving party; judge views evidence in light most favorable to nonmoving party and should not weigh credibility
Motion for new trial
Motion for new trial: timing - must be served and filed within 10 days of entry of judgment; test - judge has broad discretion; won’t be granted for harmless error though; juror misconduct, insufficient evidence, errors in law
Appeal requirements
Appeal of right: must have final judgment, leaves nothing for court to do but enforce judgment, absolute right to appeal on final judgment; non-final - post-trial motion orders, multiple claim case (where one but not all claims decided, party can appeal decided claim if judge enters judgment and certifies there’s


Timing for appeal: must appeal within 30 days of entry of judgment or entry of the order you’re appealing from