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Civil Procedure II
University of Wyoming School of Law
Parkinson, Jerry R.

I. Special Actions

A. Interpleader [p. 277]

1 State Farm v. Tashire [p. 277]

i Interpleader ct. may only enjoin suits against D in control of insurance policy

ii Other parties in same transaction or occurrence cannot be enjoined

2 Equitable device that enables a party against who conflicting claims with respect to the same debt or property are asserted (the stakeholder) to join all the adverse claimants in the same action and require them to litigate among themselves to determine which, if any, has a valid claim to the debt or property involved.

i Allows stakeholder who has possession of property to force all claimants into one suit to quiet title or otherwise settle property disputes

3 Promotes judicial efficiency/economy/fairness because only going to have one basic lawsuit

4 Rule 22

i Requirements:

a Subject Matter Jurisdiction

1 Complete Diversity between stakeholder and claimants [stakeholder must be from different state than every single one of the claimants]

b Personal Jurisdiction

1 Minimum contacts, service of process pursuant to rule #4

c Venue

1 Any D resides, if all reside in the same state

2 Substantial part of property is located

3 Any D subject to personal jurisdiction, if no other district where action may be brought

5 Statute Requirements

i Minimal diversity between two or more claimants/amount $500/venue where any claimant resides/nationwide service of process

ii Can’t use when trying to use minimal diversity and all claimants from same state

B. Intervention [p. 285]

1 Natural Resources v. US Nuclear [p.285]

i Party seeking intervention must prove they have an interest in the litigation, that their interest would be impaired if they couldn’t intervene, and the Ds don’t adequately represent their interests.

2 A device for an outsider who has an interest in the litigation to join as a party voluntarily

3 Rule 24

i “Interest” relating to the subject of action

ii Practical impairment in protecting you interests if you don’t get in, AND

iii Inadequate representation by existing parties

C. Class Actions [p.299]

1 Hansberry v. Lee [p.299]

i Party not bound by res judicata from previous class action if party wasn’t adequately represented before. A case cannot be considered a class action if a class member’s failure to enforce would create conflict of interest with another class member’s enforcement

2 Rule 23

i Implicit Requirements [23(a)]

a Numerosity: So numerous that joinder of all members is impracticable

b Commonality: Questions of law or fact common to the class

c Typicality: Claims or defenses of rep. parties typical of claims or defenses of the class

d Adequacy: Rep. parties will fairly and adequately protect the interests of the class

ii Explicit Requirements [24(b)(1)-(3)]

iii Two Requirements

a Issues common to class must “predominate”

b Class action is “superior” to other methods

iv 23(c)(2)(B): Individual notice to class members who can be identified through reasonable effort

v 23(c)(2)(B)(v): Right to “

or obtaining background info and identifying additional witnesses

vi Cons: Attorneys can craft answers to minimize info revealed [con]

3 Depositions: Oral, under oath from any witness Rule 30

i Useful, but costly/live witnesses answering questions from attorneys, can’t shape their answers/no limitations on number of questions

ii Any person, party, or witness may be deposed

a Parties under a duty to be disposed only require notice

b Non-parties need subpoenas under Rule 45

c Subpoena requires a deponent to bring document or material with them to the deposition

iii 10 Depositions are the default limit

a parties can agree out of this limit

b court can order additional depositions

iv Recording of the depositions

a Recording of every deposition is unnecessary

b Must be transcribed to be admissible at trial

v Corporations may be deposed

a Must send someone with knowledge of the issue

b No duty of investigation is required (unlike interrogatories)

vi Rule 26(c)- Protective Orders

a To protect a party or person from annoyance, embarrassment, oppression, or undue burden/expense

vii Objections during deposition:

a Harassing or oppression of the deponent

b privilege