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Civil Procedure I
Southern Illinois University School of Law
Adams, Jill E.

CIVIL PROCEDURE

A. Starting the Case
1. Draft the complaint– copy must be filed with the court – FRCP 3
a. FRCP 8 – elements of the complaint/rules of pleading/form of complaint
b. FRDP 11 – complaint must be well-grounded in fact or supported by plausible legal argument; sanctions on lawyer
2. Notice to D – FRCP 4
a. Inexpensive method – waiver of service – FRCP 4(d)
3. Summons and complaint must be “served” on D – FRCP 4 (if no waiver given)
a. Service on individual – FRCP 4(e)
b. Service on corporation – FRCP 4(h)(1)
B. The Response from D
1. Pre-Answer Motion – takes no position of truth of falsity of the complaint; requests for the court to do something
a. FRCP 12 – all rule 12 motions must be made at the same time, expect as in 12(h)(2); failure to include a defense of objection in this rule waives a future motion on the issue
b. ILCS 5/2-301 – must object to PJ prior to the filing of any other motion (other than for extension of time), otherwise objection waived
2. Answer – responds to allegations of the complaint
a. FRCP 8
i. Deny the truth of one or more allegations – 8(b)
ii. Assert affirmative defenses – 8(c)
Amendment of Pleadings: Federal rules reflect liberal policy toward changes to the pleadings
FRCP 15(a) – “leave to amend shall be freely given when justice so requires”

Basic Requirements Limiting Courts
A. Personal Jurisdiction: power of a court to order a D to do something
Three Themes:
1. power of the court
2. notice to the party
3. consent
B. Subject Matter Jurisdiction: authority of the court to hear certain types of cases
Federal courts – can hear cases concerning federal law, diversity, and some limited categories (i.e. bankruptcy); limited SMJ
General and Limited – general can hear anything; limited is limited on the subject matter it can hear
C. Venue: limits the place of trial
**SMJ tells you if you can go to federal court, PJ limits the state where the case can be heard, and venue limits the district in the state where the case can be heard – all three must intersect and that is where the case can be heard
**where the three circles intersect is where the
trial can be held/jurisdiction present – the intersection
of PJ, SMJ and venue!!

IN PERSONUM/PERSONAL JURISDICTION
Personal Jurisdiction is an issue of individual rights and the question is whether it is appropriate for a state to exercise jurisdiction over a particular defendant. In exercising PJ over a D, the state can determine matters involving personal obligations and can impose judgment against him for the full extent of the harm done to the P. To bring the D within the jurisdiction of the court, three filters must be passed. First, the court’s exercise of power cannot violate the due process clause of the 14th Amendment of the US Constitution. Second, the exercise cannot violate the constitution of the state where the jurisdiction is sought. And third, there must be a statute authorizing the state to exercise jurisdiction over the D.

Ÿ the jurisdiction of a court over a person
Ÿ without jurisdiction the court has no power to compel the D to appear or comply with the order of the court
Ÿ Historically, the issue of PJ was thought to be a matter of states rights; the modern view is that PJ is an issue of individual rights allowing a person to waive the rights through their own actions (if still states’ rights, then individuals could not waive the PJ issue through their own actions).

A. CHALLENGING PJ
Under 2-301, an objection to personal jurisdiction must be made in the first pre-answer motion other than a motion for an extension of time to answer or otherwise appear. (The raising of an FNC motion at the same time does not affect the validity of the motion.)
Ÿ Objection to PJ must be properly raised or it is deemed waived
Ÿ In federal court, the issue must be raised in the first Rule 12 motion, or if no Rule 12 motion, must be raised ion the answer or an amendment to the answer within 20 days after first answer under Rule 15(a).
1. Federal Rule:
* Rule 12(b)(2) – must be raised in either the first responsive pleading or if a motion has be

have general jurisdiction must decline in favor of the forum state named in the clause, the standard is reasonableness., No bad faith, must be notice of the clause, no fraud, doesn’t deny D his day in court.

Presence of property

PJ could be obtained over D based on his ownership of property in the FS but that property had to be attached at the beginning of the action. PJ based solely on the ownership of property will probably only be constitutional where the claim arises out of contacts with the property.
Shaffer v. Heitner: also tells us that in addition to having property in the state, the minimum contacts of International Shoe must also be met.

B. CHALLENGES TO PJ
1. Direct Attack – appear and object to PJ (some states allow special appearance)
a. Appear in the original jurisdiction and object to PJ
b. Special Appearance – allowed by some states; very first appearance in court must raise PJ issue, or there is a waiver (may not raise any other matter in special appearance)
i. permitted the D to object to PJ without the action of objecting being the basis for the jurisdiction itself (entering the jurisdiction or the court to object would subject them to jurisdiction in the past)
2. Collateral Attack – ignore the suit, allow a default judgment to be entered and at enforcement of the order object to PJ (risky because if the D loses, then he can’t present a defense and is subject to the default judgment)

C. THREE FILTERS OF PJ
Ÿ To be a valid exercise of PJ, it must pass three filters:
1. the Federal Constitution
2. The State Constitution
the State Statute (Long-Arm statute)