Adelmann_CivPro_Yeazell_Spring_2013
Main Topics
1. Jurisdiction: Subject Matter, Personal, and Venue
2. Pleadings
3. Pretrial Motions and Discovery
4. Trial and Post-trial Motions
Subject Matter Jurisdiction vs. Personal Jurisdiction
– SMJ – power to hear the case
– PJ – power over the person
Subject Matter Jurisdiction
– The power of the court to hear the claim created by legislature or other body.
– Non-waivable
– Any party or court on its own can raise it
NC SMJ
– NC courts have general jurisdictions
– Federal courts have limited jurisdiction, concurrent, and some exclusive:
o Exclusive: antitrust, bankruptcy, patent/copyright, PO, foreign diplomats, US is party, admiralty
o Excludes states from hearing areas that are “pre-empted” by feds, where they show an “intent to occupy” the field
– Industrial commission hears works comp and related claims
– Supreme Court Appeal of Right
o Dissent in court of appeals
o Substantial constitutional question (state or federal)
o Utility rates
o Death penalty
– Court of Appeals
o Superior and District Courts
o Insurance rates
o Administrative agencies
o Workers comp
o NC state bar cases
– Trial Courts (superior and district courts)
o Exclusive – case must be brought
o Proper – case should be brought; party must object to transfer
– Superior Courts
o Exclusive – Probate of will/trusts
o Proper – civil actions over $10,000, injunctive relief or declaratory judgment
– District Courts
o Exclusive – juvenile matters
o Proper – civil actions less than $10,000, family law matters, traffic matters
o There is no jury trial in this court for criminal cases. Appeal is for trial de novo to Superior Court. This is where the right to jury trial is preserved
– Magistrate Court – very small claims
o Less than $5,000
Federal SMJ
– Courts of limited jurisdiction
– Two primary basis:
o Diversity of citizenship
o Federal question
o Also, removal
– Diversity – over $75,000 and complete diversity across the “v”
o Amount – only fails if appears to “legal certainty” amount is not met
o Aggregation –
§ generally, no aggregation of claims
· multiple P’s and D’s cannot aggregate claim
§ exceptions:
· a plaintiff can aggregate all claims against single D
· multiple P’s and D’s can aggregate if there is a “common and undivided interest”
o diversity is determined by citizenship,
§ individuals – 1) where party is a resident and 2) intends to remain indefinitely
§ corporations – 1) state of incorporation, and 2) PPB – nerve center
§ unincorp’d assoc/partnerships – every state where members are citizen
§ estates/infants – not their executors/admins/guardians
– Federal Question
o Claim must “arise” from federal law, the constitution, or a treaty
§ Based upon complaint, not defenses
o Supplemental Jurisdiction – attaching state claims to federal claims
§ Must be part of the “same case or controversy,” therefore “same transaction or occurrence” aka “same nucleus of operative facts”
§ Discretionary, even if requirements are met. Court will decline if:
· Novel or complex issue of state law
· State claim predominates
· District court has dismissed federal claim (original jurisdiction)
· Any other exceptional circumstances
§ Pendent – state claim added by plaintiff
· Cannot be used to defeat diversity
· Can be used to overcome amount in controversy for diversity
§ Ancillary – anyone other than plaintiff adding state claim
· Cannot be used to defeat diversity
· Can be used to overcome amount in controversy for diversity
§ Pendent Party Jurisdiction – P adds a claim in federal questions case over 1) additional D for whom there is no federal questions or diversity jurisdiction and 2) that claim arises out of the same transaction or occurrence as the original claim
– Removal §1441
o Procedure used when D removes a case filed in state court to the federal court
§ All Ds must join removal
o D files notice with federal court, and case is considered removed at the time of filing
o The federal court has t
ng Arm Statute – statute must expressly authorize personal jurisdiction over out-of-state D, but still must meet minimum contacts
o This can raise the bar of minimum contacts, but NC does not
Minimum Contacts Analysis – Due Process
– Requirements
o Number and natural of contacts: systematic and continuous, intentional
o Purposeful availment
o If satisfied, then minimum contacts analysis satisfies the “traditional notions of fair play and substantial justice”
– Quasi In Rem – jurisdiction over a person by attaching his property, forcing him to show up in court to keep property. Still must satisfy minimum contacts
In Rem – jurisdiction over a thing, either real or personal property, deals with title/ownership
– Always has minimum contacts
Service of Process
– The method used to give the defendant notice of proceeding
– Gives D: 1) copy of complaint, 2) summons
– Who may serve:
o In state: 1) sheriff or 2) other authorized persons
o Out of State: 1) someone 21 or older and is not a party, or 2) anyone authorized
– When: within 60 days after the issuance of the summons (lots of exceptions)
– If no service, the action can be continued indefinitely for 90 day periods
o Endorsement of original summons – not common
o Alias or pluries summons – clerk issues extension
o Relates back to date of original summons
Types of Service – Slightly different for individuals v corporations
1. In hand/personal service
a. Corp – to officer, director, or managing agent
2. Leaving a copy at defendant’s dwelling or abode with someone of age
a. Corp – at office with someone “apparently in charge”
3. Delivering a copy with an authorized agent
