Civil Procedure II Outline

Adelman_CivPro_Yeazell_Spring_2013

Subject Matter Jurisdiction

– The power of the court to hear the case.

– Non-waivable.

– Any party, or the court on its own, can raise it as an issue.

Federal Subject Matter Jurisdiction.

– Federal courts are courts of limited jurisdiction. You can’t litigate in federal court unless you can prove that the court has jurisdiction to hear the case.

– Federal Question Jurisdiction.

– Cause of action that “arises” from federal law, the constitution, a treaty, or any other issue over which federal law governs exclusively, is granted automatic rights to be litigated in federal court.

– Aside from Federal Question Jurisdiction, there are two primary bases for being in federal court; both must be met. These two criteria are referred to as Diversity Jurisdiction.

– Diversity of citizenship:

– Must be complete diversity across the “v”. Each party must be completely diverse from the other.

– Diversity is determined by citizenship:

– Citizenship is defined as where party is a resident (domiciled), and intends to remain for the time being (this covers students, military personnel, etc…).

– Amount in controversy:

– Amount in controversy must be over $75K. If the amount cannot be exactly determined, it must meet a “legal certainty” that the claim will exceed $75K. The amount fails if it appears to a “legal certainty” that the amount cannot be met.

– Generally, no aggregation of claims is allowed, but:

– A plaintiff may aggregate all claims against single defendant.

– Multiple plaintiffs and defendants can aggregate if there is a “common and undivided interest” between them on one side of the “v.”

Personal Jurisdiction

– Power of the court to adjudicate the rights and liabilities of the defendant. This does not apply to plaintiff since plaintiff, by filing the action, has already submitted himself to court’s power.

– It’s a personal right and waivable if not raised in the first response (answer, etc…)

– Only an issue with out-of-state defendants.

Rule 11(b)

Requires that every pleading, motion, or paper of a party represented by an attorney must be signed by the attorney of record, certifying:

– Signor has read the pleadings, motion, or paper;

– To the best information and belief after reasonable inquiry, the pleading or motion is well-grounded in fact,

– The pleading is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law, and

– Is not for any improper purpose.

Rule 11(c) Sanctions.

– Must give notice and a reasonable opportunity to respond.

– A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b).

– Must not be filed if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets.

– If warranted, the court may award to the prevailing party the reasonable expenses, including attorney’s fees, incurred for the motion.

– On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b).

– Sanctions are limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated.

– The court must not impose a monetary sanction:

– against a represented party for violating Rule 11(b)(2); or

– on its own, unless it issued the show-cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.

– An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction.

Rule 12 Motions

Rule 12(b) Pretrial Motions

(1) lack of subject-matter jurisdiction;

(2) lack of personal jurisdiction;

(3) improper venue;

(4) insufficient process;

(5) insufficient service of process;

(6) failure to state a claim upon which relief can be granted; and

The theory behind it is, the allegations of the claim, even if taken as true, do not state a legal cause of action because they are missing some necessary allegations, such as an element, and therefore the court, as a matter of law, cannot provide a remedy.

(7) failure to join a party under Rule 19.

– Must make any of these before Answering.

Motion for Judgment on the Pleadings.

– After the pleadings are closed—but early enough not to delay trial.

12(e) Motion for a More Definite Statement.

– Allowed in response to a pleading that is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.

– Court may strike pleading if not corrected as ordered.

(f) Motion to Strike.

The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:

(1) on its own; or

(2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading.

Trial Actions

Rule 50 Directed Verdict/Judgment as a Matter of Law.

– Motion for judgment as a matter of law after presentation of opposing side’s evidence.

–