CIVIL PROCEDURE OUTLINE
I. ESTABLISH PERSONAL JURISDICTION
A. Long Arm Statute: if ∆’s actions fit into category of statute and claim arises out of transaction categorized in the statute you still have to determine if it is constitutional to assert jurisdiction
B. Constitutionality
i. General Jurisdiction
§ Natural Persons/Domicile
§ Corporation: State of Incorporation or principal place of business
§ “Continuous & Systematic Contacts”
ii. Specific Jurisdiction
§ Minimum Contacts: contacts v. claim
– Purposeful availment?
– Merely placing into stream of commerce?
– Merely being a director?
§ Fairness: is asserting jurisdiction fair? World Wide Volkswagen
– Burden on ∆ to litigate in forum state (primary consideration)
– Forum state’s interest in adjudicating dispute
– Π’s interest in relief in choosing forum
– Interstate judicial system’s interest
– Shared interests of several states & their social policy
C. Self-Imposed Restraints
i. Venue: 28 U.S.C. §1391
ii. Transfer: 28 U.S.C. §1404(a)
iii. Forum Non Conveniens
II. ESTABLISH SUBJECT MATTER JURISDICTION
A. Federal Question Jurisdiction: 28 U.S.C. §1331
i. Well Pleaded Complaint Rule
§ Πs claim must arise under federal/constitutional laws
B. Diversity Jurisdiction: 28 U.S.C. §1332
i. Amount in Controversy: exceeds $75,000
ii. Nature of Parties: must have complete diversity of citizenship
C. Supplemental Jurisdiction: 28 U.S.C. §1367
i. §1367(a): Rule; when in court based on §1331 federal question jurisdiction
ii. §1367(b): Exception to Rule; when based on §1332 diversity jurisdiction
iii. §1367(c): discretion not to hear a claim even if there is jurisdiction
D. Removal: 28 U.S.C. §1441, 1446, 1447
i. Gives ∆ power to second guess Π’s choice
III. PLEADINGS
A. Rules dealing w/ start of lawsuit
i. Service: Rule 4
ii. Content of Complaint and Answer: Rule 8
iii. Plead w/ particularity: Rule 9(b)
iv. Answer; Motions: Rule 12
v. Amendments: Rule 15
vi. Sanctions: Rule 11 (see Allen’s handout)
B. The Complaint
i. General rules of pleading: Rule 8(a)
ii. Signing of pleadings; sanctions: Rule 11
C. Responding to the Complaint
i. Pre-Answer Motion: Rule 12
ii. Answer: Rule 8(b)
iv. Reply: Rule 7
C. Amendments
i. Amendments in General: Rule 15(a)
ii. Relation Back: Rule 15(c)
D. Resolution w/o Trial
i. Dismissals: Rule 41
ii. Default Judgments: Rule 55
IV. JOINDER
A. In General
i. Joining claim or party?
ii. Is there a rule allowing joinder?
iii. Is there subject matter jurisdiction?
B. Joinder of Claims
i. Joinder by Π: Rule 18
ii. Counterclaim & Crossclaims: Rule 13
§ (a)(b) say a ∆ can bring any counterclaims against Π they have
§ (g) deals w/ cross-claims
C. Joinder of Parties
i. Permissive Joinder of Parties: Rule 20
§ Π friendly rule; parties may join any claims against another party if they arise out of same transaction/occurrence and there is SMJ
ii. Misjoinder and Nonjoinder of Parties: Rule 21
§ Does not result in dismissal of suit
iii. Third-Party Practice: Rule 14
§ (a) When a ∆ may bring a 3rd party; derivative liability
§ (b) When a Π may bring a 3rd party; derivative liability
iv. Joinder of Claims and Remedies: Rule 18
§ This rule comes in once a ∆ has satisfied the more restrictive Rule 14 of derivative liability and has become a 3rd party Π
v. Joinder of Parties need for Just Adjudication: Rule 19
§ (a) Parties Joined if Feasible – a.k.a. Necessary Parties
§ (b) When Joinder is not Feasible – a.k.a. Indispensable Parties
D. Intervention: Rule 24
i. (a) deals w/ intervention as of right
ii. (b) permissive intervention
V. DISCOVERY
A. Duty of Disclsoure: Rule 26
i. (a)(1) Initial Disclosures – contact for others who may have discoverable info supporting claim or defense
ii. (a)(2) Disclosing Expert Testimony: anybody who will testify as expert w/ written report
iii. (b)(1) Discovery scope and limits: relevant to a claim or defense and not privileged
iv. (b)(3) Trial Prep/Work Product: only discoverable if substantial need; still won’t get anything that is privileged
v. (b)(4) Experts: non-testifying expert is not discoverable unless there are exceptional circumstances
vi. (c) Protective Orders: requested by party to prevent item from being discoverable
B. Interrogatories: Rule 33
i. Limited to 25, not particularly useful, only served on parties
C. Document Requests: Rule 34
i. anything that stores info, paper or electronic
D. Subpoena: Rule 45
i. used to get info from hostile non-parties
E. Depositions Rule 3
time (be very careful using this – cont. on w/ analysis)
a. regularly purchasing goods from a state will not subject you to general jurisdiction
b. 80% of helicopters brought from a state was not enough to subject to continuous and systemic general jurisdiction
c. Court said a corp. temp headquarters subject you continuous and systemic to general jurisdiction
B. SPECIFIC JURISDICTION: court can hear all claims against a ∆ for claims arising out of minimum contacts with the forum state
§ Defined
a. In Personam: jurisdiction over ∆’s personal rights
b. In Rem: jurisdiction over certain piece of property, seize and hold
c. Quasi-In-Rem: jurisdiction over a person based on that person’s interest in property located w/in the court’s territory.
§ Elements
a. Minimum Contacts: contacts v. claim
i. Purposeful availment?
ii. Merely placing into stream of commerce?
iii. Merely being a director?
b. Fairness: is asserting jurisdiction fair? World Wide Volkswagen
i. Burden on ∆ to litigate in forum state (primary consideration)
ii. Forum state’s interest in adjudicating dispute
iii. Π’s interest in relief in choosing forum
iv. Interstate judicial system’s interest
v. Shared interests of several states & their social policy
PERSONAL JURISDICTION CASES
I. SELF IMPOSED RESTRAINTS
A. LONG ARM STATUTE: no cases
B. VENUE: legislative judgment about how to allocate cases w/in a specific court system
§ Not concerned w/ where Π lies
§ 28 U.S.C. §1391
§ Dee-K Enterprises, Inc. v. Heveafil SDN. BHD
o If you see an alien ∆ there will probably be a special issue in respect to venue
o If there is a corporation as a ∆ you will have to determine where they reside on a district by district basis under 28 U.S.C. §1391(c)
o Individual persons are simply stated in statute 28 U.S.C. §1391(a)(b)
