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Civil Procedure I
Southern Illinois University School of Law
Beyler, Keith H.

Civil Procedure I
Beyler
Spring 2010
 
Jurisdiction, Venue, & Service of Process
–          Personal Jurisdiction:
o   Does D have duty to respond to the given court?
o   Does D live in the given state?
–          Subject Matter Jurisdiction: does court have power to hear the kind of claim (subject) being brought?
o   General Subject Matter Jurisdiction: can hear almost any claim (narrow restriction)
§  Usually circuit courts
o   Limited Subject Matter Jurisdiction: governed by statute, can’t hear all types (specific)
§  Usually federal courts
–          Venue: where specifically can suit be brought?
–          Diversity Jurisdiction: when parties to a case are from 2 different states – goes to Federal court
–          Service of Processes
o   Waiver of service: cheap
o   Summons: expensive
–          Domicile: establishing presence and intent to live somewhere to gain citizenship there
–          Long Arm Statute (Ill. Rules § 2-209)
–          Recap
o   WHO: can the court require to defend the suit – personal jurisdiction
o   WHAT: types of cases can the court hear – subject matter jurisdiction
o   WHERE: can the suit be filed – venue
o   HOW: is defendant brought before the court – service of process
§  *Must fulfill all these prongs*
Pleading
–          3 R’s
o   Responsibility for the pleading
o   Required level of detail
o   Responsive pleadings & motions
–          Rule 11: must file proper paperwork/relevant research to demonstrate proper procedure
–          Bell
o   Fed. Rule 12: rules for properly stating claim
o   Fed. Rule 8: complaint must have short/plain statement of claim showing that they are entitled to relief
–          The Answer:
o   Rule 8(b): denials and admissions
o   Rule 8(c): affirmative defenses
o   Rule 13 & 14: Counterclaims, cross-claims, and 3rd party claims
–          Amendments
o   Rule 15: liberal amendment policy – discretion to deny amendment that will cause prejudice
–          Steps recap
1.       File complaint
2.       Defense responds (usually by insurance company’s lawyer)
a.       Could settle immediately
b.      Could contest and litigate
                                                                           i.      Motion attacking summons
                                                                         ii.      Responsive pleading (answer)
 
–          Motions
o   Pre-answer motions: ending case before it gets to court
§  Wrong jurisdiction
§  Despite complaint being true, no right to relief
o   Answer: responds to allegations of the complaint
§  D denies truth of 1 or more allegations in complaint
§  D asserts additional matters that can defeat P’s complaint – affirmative defenses
§  Counterclaim, cross-claim, 3rd party claim
o   Amendment of Pleadings
IL Fact Pleading
–          Fact Pleading (IL)
o   More initial screening for legal validity, more focus during discovery/trial
o   Dismisses claims based on improper application of law to fact
–          Notice Pleading (Fed)
o   Less time wasted on pleading motions, easier access, reliance on discovery/trial to identify issues
o   Permit valid claims to get past pleading stage and rely on discovery to uncover supporting facts
–          Leave to amend: liberal amendment policy – allow amendment unless it causes prejudice
–          Separate Counts Rule/Surplus allegations: file different pleadings separately
o   Problems: different SOLs, different jury instructions, file separate causes of action
–          Fact Pleading Rules
o   Legal conclusions don’t count, ultimate facts required, evidentiary facts unnecessary
§  Legal Fact: exact cause of action – “Bob failed to drive properly in the following ways:  failed to keep eyes on road, drove 80 mph in a 50 mph zone, etc.
§  Legal conclusion: Bob was negligently driving his car
§  Evidentiary fact: Bob was negligently driving his car while listening to the radio
Alternative Pleading Systems
–          Federal Rule 8:
o   Body of the Complaint: jurisdiction, claim, relief sought
o   8(a)(2): short plain statement that claimant/pleader is entitled to relief
–          Federal Rule 9:
o   9(b): an allegation of fraud or mistake must be stated “with particularity”, malice/intent/knowledge/other conditions of mind may be alleged
o   An allegation that all conditions have occurred or been performed is proper
–          Federal Rule 10:
o   10(a): Complaint – caption, title, file number, and designation
o   10(b): numbered paragraphs, single set of circumstances per paragraph, separate counts for each claim founded on

eading is substantially insufficient in law
§  Admits truth of the allegations but denies their legal sufficiency
§  Based on Pleadings Only
o   § 2-1005: Summary Judgment Motion
§  No genuine issue of material fact & entitled to JMOL
§  Admits legal sufficiency but denies truth of allegations
§  Based also on matters outside pleading
o   § 2-619: Involuntary Dismissal Motion
§  Lack of SMJ: lack of capacity, other action pending, bar by prior judgment, SOL, release satisfaction or discharge, statute of frauds, minority/disability, “other affirmative matter avoiding legal effect or defeating the claim”
·         Affirmative Defenses!
§  Based also on matters outside pleadings
o   Combining Motions: permitted in separate parts of § 2-619.1
Answer & Reply
–          Answer: Caption -> Admissions/Denials -> Affirmative Defenses -> Counterclaims -> Signature
–          Fed. Rule 8(b): Admissions/Denials
o   (2): denial must fairly respond to the substance of the allegation
o   (3): general denial is proper only if all allegations can be denied in good faith
o   (4): if part of allegation is false, rest must be admitted
o   (5): if a party’s knowledge or information is insufficient to form a belief as to the truth of an allegation, party must so state and this statement operates as a denial
o   (6): not denying an allegation – except about damages – means it is deemed admitted
–          IL Code § 2-601
o   (a): each allegation must be explicitly admitted or denied.
o   (b): an allegation not denied – except about damages or one to which there is no opportunity to deny – is deemed admitted.
o   (b): a statement – supported by an affidavit — that a party has insufficient knowledge to form a belief about an allegation operates as a denial.
o   (c): denials mustn’t be evasive and must fairly meet the allegation’s substance.