Anya Bernstein Civ. Procedure
UB Law Spring 2016
Overview
Interests Involved:
Societal – fairness/justice/process/efficiency/administrable
Hawkins v. Master’s Farm
Husband killed in auto accident. She files complaint in fed. Dist. Court. Co moves to dismiss over jurisdiction – uses in part “intent” to remain (domicile) from case law from US Sup Court case.
Venue: 1. District where everyone lives if all state res.
2. if events transpired there
3. if 1 and 2 are unknown then in any district where any defendant is subject to personal jurisdiction.
Filing a Suit:
File Complaint
Serve
Notify D she is being sued
Formal service
Send and get D to agree to waive service (in exchange for more time)
Answer
(pre answer motions do not deal with merits)
Addresses merits
Can counter claim, list defenses (should also follow rule 8)
*subject matter jurisdiction can be brought up at any time, by anyone!
You can amend complaints (Rule 15)
Court should “freely” allow “when justice so requires.”
Subject to SOL and other constraints
Rule 8(a)
Establish jurisdiction
“short and plain” statement of claim
Demand of relief sought
Bell v. Novick
Tried to dismiss (Rule 12(b)(6)). Failure means even if facts are all true, there is no legal remedy. Here, lack of detail is not a failure. MD Dist. court was more lax, had they elected to stay @ state level it might have succeeded.
Discovery
Rules 26-37
26(b)(1) – allowed of any non-privileged matter relevant to party’s claim or defense and proportional to case needs.
26(b)(2)(c) Court must limit unreasonable cumulative duplicative, inconvenient, delayed.
26(c) Court may limit to protect a party from (unreasonable) annoyance, embarrassment, oppression, expense).
Butler v. Rigsby
Summary Judgement – R56
“The court shall grant summary judgement if the movant shows that there is “no genuine (legally relevant) dispute as to any material fact.
Celotex: S.J. entered against party who fails to make a showing sufficient to establish the existence of an element essential to party’s case, on which that party would bear the burden of proof.
Houchens v. American Home Assurance
Summary judgement granted as wife couldn’t produce any evidence that could lead a jury to conclude an accident.
Erie Doctrine
Fed courts use fed procedure but use state law in diversity cases for substantive questions.
Basic Trial Procedure:
Start by finding correct jurisdiction
Personal – D must have had satisfactory “contact” with that state
Subject matter – fed or state law? Where are you domiciled? Diversity?
File Complaint
Must show 1. Parties, 2. Claims, 3. Damages
Serve or waive service
D can move to dismiss
on something improper – like name or jurisdiction
12(b)(6) – no legal claim
Or D can Answer
Confirm, deny, affirmative defenses.
Discovery Phases
Non-privileged material that could be useful
Privilege can be waived if other party brought into question
Move for summary judgement
If SJ is denied = Trial
File for directed verdict
Verdict
File for JNOV
P – opening statement
D – opening statement
P – evidence
D – cross
Dismissal motions or motion for direct verdict
D – evidence
P – cross
Final motions from D & P
Closing Arguments
Judge as ultimate decision maker
Rule 50(a): judgment as a matter of law (directed verdict)
After evidence but before deliberations
Grant “if party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue.
Rule 50(b) – judgement not withstanding verdict (JNOV)
You have to have requested 50(a) to ask for 50(b)!
Norton v. Snapper Power Equipment – 50(b)
JNOV granted but reversed on appeal as a “jury could have reasonably found mower defective.”
Apex Hosiery v. Leader – Rule 34
Rule 34 – can’t appeal interlocutory orders ONLY FINAL JUDGEMENTS
ithout power of discovery.
Must be plausible, not just conceivable
Iqbal
Now applies Twombly to ALL KINDS OF CASES.
No Conclusory statements allowed.
This was a claim under the 14th amendment (no detainment based on race, religion, nat origin.
Court Found claim was not sufficient
Deep sixes conclusory statements, then looks at remaining facts to decide if sufficient.
Uses common sense
Judicial experience
“plaintiff must “nudge” pleadings from the conceivable to the plausible.
Courts still must assume “facts” are true but must determine if fact or conclusory statement “plus” and does it make a plausible scenario?
Makes claims re: secretive crimes very difficult (employment discrimination, conspiracy)
Responding to the Complaint
Burdens of Production and Proof
Adversarial System
Parties must raise legal arguments and elements
Burdens:
Who needs to raise an issue?
Who needs to prove something (as opposed to show it has not been proved)
Burden types:
Pleading – raising the issue
Production – providing evidence
Persuasion – make strongest argument based on evidence
Jones v. Bock – 407 – allocating burdens = allocating default assumption
If prisoner has burden (exhausting remedies)
Default assumption=he did not
We assume he did not unless convinces otherwise
If jail has burden
Default = he did exhaust
We assume he did unless convinced otherwise.
Except in special circumstances the burden stays with the same person.
Timeline: if you answer you must within 21 days (60 days if waived)
Once you have answered you can’t make a 12(b) motion
