Civil Procedure I Outline

Rule 11
a) A signature is needed on each motion, pleading or document handed to the court. Unsigned papers are stricken.
b) To the best of the person s knowledge the information is true.
1) Not used to stall the process or harass the other side
c) Sanctions- If the court determines the sanctions are warranted
1a (sanctions initiated by motion) served under rule 5.
b) initiated by the court
2) Nature of sanctions- Attorneys pay for legal error not client
** Does not apply to discovery
– Does not require a finding of bad faith. Simply asks the attorneys to stop and think before they bring suit to action. Complaint must always be based on more than speculation and fantasy.

Murphy v. Cuomo
Pepper spray case in which defendant could not prove that the allegations. Subject to sanctions.

1331- Federal Question
The district courts shall have original jurisdiction of all civil actions arising under:
1. the Constitution
2. laws
3. Treaties

1332- Diversity of Citizenship
· District courts shall have original jurisdiction of all civil actions where the matter exceeds the sum or value of 75,000 and is between
i. Citizens of different states
ii. Citizens of a state and citizens or subjects of a foreign state
iii. Citens of different states and in which citizens or subjects of a foreign state oare additional parties

I. Statutes
A. §1335—Interpleader
i. District Court has original jurisdiction over a civil action if:
1. Subject Matter exists
a. Controversy is greater than or equal to $500
b. Minimal Diversity: At least two parties need diversity of citizenship (not all).
2. Stakeholder posts a bond or deposits the property with the court.
ii. Interpleader may take place although
1. There is no common origin among the titles or claims of the conflicting claimaints.
2. The actions are not identical, but are adverse and independent actions.
B. §1391—Venue Generally
i. 1391 (a) Civil action can be brought when only founded on diversity of citizenship in:
1. judicial district where the D resides, if all D’s live in the same state.
2. judicial district where a substantial amount of the events occurred.
3. judicial district where any defendant is subject to personal jurisdiction
ii. 1391 (b) Civil action can be brought when not founded solely on diversity of citizenship in:
1. judicial district where the D resides, if all D’s live in the same state.
2. judicial district where a substantial amount of the events occurred.
3. a judicial district in which any defendant may be found, if there is no other jurisdiction where it can be brought.
iii. 1391 (c)—wherever a corporation is subject to personal jurisdiction at the commencement of the action. (any district where “contacts” would give the corp. personal jurisdiction.)
1. If there is no one particular district where the corporation can have personal jurisdiction, but the entire state as a whole can qualify for personal jurisdiction, then the entire state is considered to have personal jurisdiction over the Defendant corp.
C. §2072—Rules of Procedure and evidence; power to prescribe
i. Supreme Court has the power to prescribe rules of practice and procedure and rules of evidence for cases in US district courts.
ii. Such rules cannot abridge, enlarge, or modify any substantive right. All laws in conflict with such rules shall be repealed.

II. Sibbach v Wilson
A. Basic Concepts
i. Civil Case—Initiated & Carried on by a person who seeks redress for a wrong alleged to have been committed against him by another.
ii. Substantive Law—Rules governing the day to day conduct of society imposed in one way or another by the govt. These are rules of substance.
1. legistlative enactment, act of Congress, act of state legislature, or
2. municipal ordinance
3. common law—the decisions and opinions of the court.
iii. Procedural Rules—Govt. Prescribes the procedures by which persons may bring controversies before its courts, and by which they must unfold and conduct those controversies once in the court. These are rules constituting the mechanics of litigation.
iv. Substance v. Procedure—A rule of substance expresses a firm condition on a plaintiffs right to recover while a procedural rule regulates the steps for recovery in a lawsuit.
B. Definitions
i. Basic Definitions
a. Affidavit—voluntary declaration of facts written down and sworn to, before an officer authorized by the court.
b. Answer—P’s response to the complaint
c. Ancillary– Supplementary
d. Averment—A positive declaration or affirmation of fact. An assertion or allegation in a pleading.
e. Complaint—pleading by petitioner asking for relief
f. Compliance Refused—not part of procedure, a behavioral response.
g. Hearing—Both sides have opportunity to present their arguments for or against a motion.
h. Motion—Written or verbal request for court action.
i. Order—Command imposed by the judge
j. Service—Delivery of writ of summons
k. Subpoena—Court order commanding someone to appear in a court or to bring documents
l. Subpoena duces tecum—court order for a witness to appear and to bring specified documents with them.
ii. Conformity Act: Forced the federal court to apply procedure of the state where a court is sitting. This act is no longer good as it was repealed by the Rules Enabling Act.
iii. Rules Enabling Act—(28 USC 2072)
1. Supreme Court has the power to prescribe general rules of practice and procedure and rules of evidence for cases in the U.S. district courts and courts of appeal.
2. Rules cannot abridge, modify, nor enlarge any substantive rights.
3. Repeals all laws that conflict such as Rules Conformity.
iv. Judicial Conference—28 U.S.C. 331—Suggests to the Supreme Court ways to promote uniformity of management procedures. The Conference prescribes rules and amendments to be considered by the Supreme Court. The Chief Justice can appoint the standing committees