Introduction
Procedure – the mechanisms that determine how substantive issues are (or are not) raised and determined in the courts
Pleading is not about proof, development of facts occurs at Discovery
Answer
· Admits or denies the plaintiff’s allegations.
· May include affirmative defenses (e.g., contributory negligence).
· May also make cross-claims, counterclaims, or third party claims (impleader).
Amendments to pleadings
· Liberal amendment policy.
· This is consistent with overall goal of Federal Rules. See Rule 1
Discovery
· Broad scope of discovery under Federal Rules.
· Informal methods of discovery.
· Oral depositions; written interrogatories; request for production or inspection; physical and mental exams; requests for admissions
The Trial
· Jury selection – voir dire of jury panel. Challenges for cause; peremptory challenges.
· Opening statement.
· Plaintiff presents its case-in-chief. Examination of witnesses, cross-exam, redirect, recross, etc.
· Defense moves for directed verdict
· Defendant’s case.
· Plaintiff’s rebuttal.
· Motions for directed verdict.
· Closing arguments.
· Instructions to the jury.
· Deliberations and verdict
Post-Trial Motions
· Motion for judgment n.o.v. (judgment notwithstanding the verdict).
· Motion for new trial.
· Motion to set aside the judgment
Court must have subject matter jurisdiction, personal jurisdiction, and venue. (all 3 must be properly satisfied)
What is Jurisdiction?
· Jurisdiction (in the judicial sense) = power to render judgment.
· Power to render judgment that other courts will enforce
In rem jurisdiction
· Jurisdiction over property
· Property of ∆ must be attached at commencement of lawsuit
· Recovery limited to value of attached property
· Service by publication MAY be sufficient in such actions
In personam jurisdiction
· Jurisdiction over person
Quasi in rem jurisdiction
· action in which property is attached for purposes of acquiring jurisdiction, but property is not itself the subject of the litigation.
· Sometimes called “attachment jurisdiction
Collateral Attack
· When a person, in a second lawsuit, challenges the validity of judgment that was entered in first lawsuit.
· Collateral attack can be made only if defendant did not appear in first lawsuit
· If found that jurisdiction was properè judgment stands
Some courts allow for special appearance where a ∆ can challenge jurisdiction without “consenting to jurisdiction”
Most states have abandoned special appearance in favor of a procedure similar to Rule 12
· Motion to dismiss for lack of jurisdiction
· Federal rules allow for objection to jurisdiction in answer/response
Must challenge venue, jurisdiction, or service of process in first action with court, otherwise waived and consent
What is Personal Jurisdiction?
· Does
tional Shoe Co. v. Washington, 1945
State of Washington bringing suit against International Shoe for unpaid state employment compensation funds
Facts
· ∆’s corporate charter in Delaware with main office in Missouri; no manufacturing operations in Washington, but does employ 11-13 sales employees
· Service of process personally to employee in state and also mailed copy to main office
Issue: does the 14th Amendment’s Due Process Clause permit WA to have jurisdiction over ∆?
Courtè yes
· Due process of law depends on “quality and nature” of contacts with forum state
· ∆ accepted privilege of doing business within state and enjoyed the benefits and protections of laws in state
· Although 1 single contact can be sufficient for minimum contacts (IF coa directly related to contact), in this case ∆’s flow of business was “continuous and systematic”
Focus of Shoe
· The nature and level of defendant’s contacts with the forum state.
· The relationship between those contacts and the claim asserted
Established notion of “fair play and substantive justice”
Never really looked at “presence” of ∆, only contacts
International Shoe test when ∆’s are out of state AND have not consented to jurisdiction
