Civil Procedure Outline – Spring 2007
I. USC 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 claimants.
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 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 D is subject to personal jurisdiction
ii. 1391 (b) Civil action can be brought when not founded solely on diversity of citizenship:
1. Judicial district where 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 D may be found, if there is no other jurisdiction where it can be brought.
C. §2072—Rules of Procedure and evidence; power to prescribe
i. SC 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 All laws in conflict with such rules shall be repealed.
D. §1332— Diversity of citizenship; amount in controversy
i. Fed courts have jurisdiction of civil actions where the amount in controversy exceeds $75,000 and is between citizens of different states.
E. §1331— Federal Question
i. Fed courts have original jurisdiction of all actions arising under the Constitution, laws, or treaties of the US
F. §2071— Rule-making power generally
i. SC + courts created by Congress may make its own rules but must be consistent w/ FRCP
G. §2077— Publication of rules; advisory committees
i. The rules, including the operating procedures of the court, shall be published
H. §2073— Rules of procedure and evidence; method of prescribing
i. Judicial Conference shall prescribe/publish procedures 4 consideration of proposed rules
ii. Any meeting will be preceded by notice to enable all interested persons to attend
iii. Provide a proposed rule and an explanatory note on the rule
II. Sibbach v Wilson
A. Basic Concepts
i. 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. legislative enactment, act of Congress, act of state legislature, or
2. municipal ordinance
3. common law—the decisions and opinions of the court.
ii. 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.
iii. Substance v. Procedure—A rule of substance expresses a firm condition on a P’s 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
y can create courts they can make rules for those courts
ix. Sibbach 1) argues that a Physical exam is a substantive right. (R 35)
a. If it is a sub. right, then Indiana laws govern.
b. If it is not a sub. right, then Procedural laws govern.
c. To avoid slippery slope of everyone pleading that mental/physical exams are substantive to not have to take one, court ruled that it is not a substantive right and that Federal Rules apply. But Rule 37 states that there is no contempt charge for violation of Rule 35.
III. An Ethical Format For the Procedural Mechanism.
A. Signing of pleadings, motions and other papers, representations to court, sanctions.
i. Signature—must be signed with signers address and phone number. Unsigned papers will be stricken unless omission corrected. Unless requested by rule or statute, papers do not need to be accompanied with affidavit.
ii.Representations to Court—Presenting papers to the court certifies to best of knowledge: proper service, legal contentions are warranted, allegations have evidentiary support, denials are based on lack of info or belief.
Sanctions: Violations of 11B may result in sanctions after notice and opportunity to respond. Party has 21 days to fix problem, after which a motion for sanction can be made. If $$$ sanctions are imposed, then the attorney has a chance to justify what happened.
