Wa Barbri - Civ Pro

Front 1

LIST

methods of satisfying personal jurisdiction based on 14th amendment due process clause

Back 1

consent, domicile, physical presence, minimum contacts

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Standard for minimum contacts

Back 2

Must not offend traditional notions of fair play/substantial justice

Factors involve:
1) purposeful availment,
2) foreseeability,
3) fairness/reasonableness

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Difference between general jurisdiction and specific jurisdiction

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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

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Standards for WA statutory personal jurisdiction (in WA, outside WA)

Back 4

Persons/property within WA, persons outside of WA w/long arm statute

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WA long arm statute

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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

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14th amendment due process standards for notice

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D must receive “notice reasonably calculated, under all circumstances, to apprise interested parties of pendency of the action”; personal service on D always satisfies

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Requirements for being served

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summons/copy of complaint served if
1) personally served; or
2) constructive service

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DEFINE

personal service

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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

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DEFINE

constructive service

Back 9

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

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VENUE

for resident and nonresident individuals

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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

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VENUE

for corporate defendants

Back 11

Corporate defendants: WART - work (where work performed), agreement, resides, tort (where committed)

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Perfection of commencement

Back 12

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)

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Complaint must include...

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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)

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Answer must include...

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Answer: must include responses to allegations in complaint, affirmative defenses (waived if not included), any claimed 12(b) defenses, and other claims (joinder)

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Answer - timelines

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Timing: 20 days if served inside WA; 60 days if served outside WA/by publication; 90 days if served by mail

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Amending a pleading - timelines

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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

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Joinder for plaintiff, counterclaims, and cross-claims

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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

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Types of party joinder

Back 18

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)

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Class action requirements

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Requirements: commonality of question of law/fact, adequacy of representative parties, numerosity, and typicality of claims or defenses of class representatives

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Discovery limits

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Work product (prepared for/anticipation of litigation)

Experts not being called as witnesses

Protective order (requires conferral)

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Methods of discovery

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Deposition

Interrogatories

Requests for inspection

Requests for admission

Mental/physical exams

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Deposition requirements for WA resident or non-WA resident

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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

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Interrogatory/inspection/admission timelines

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respond within 30 days after service; D need not respond less than 40 days after service of summons and complaint

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Sanction requirements

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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

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Types of disposition without trial

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Voluntary

Involuntary

Summary Judgment

Default judgment

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Right to jury trial; when applicable

Back 26

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)

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Juror number/unanimity, challenges for cause and peremptory challenges

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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

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Motion for judgment as matter of law

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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

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Motion for new trial

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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

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Appeal requirements

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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