CIVIL PROCEDURE 2 OUTLINE
ð All civ rules have to do with dispute resolution
ð Go to court; facts most important, then apply the rule of law = resolution of dispute (judgment).
o Substantive Law: torts, contracts and property
o Procedural Law: FRCP
§ Selecting the Court:
· PJ (what state; gen and spec); Mullane, long arm
· SMJ (what court); 1331, 1332, 1367, 1441 (c), removal juris
· Venue (what district); 1404, 1406, Forum Non-Conveniens 98
· Pleading: used to state claims, defenses or both;
· Rule 7a:
o Claims for relief (rule 8; statement of claim, SMJ, and what you want; defenses)
o Complaint
o Answer
o Reply to a Counterclaim (D sues P)
o Answer to a cross claim (when P sue a co-party)
o A Third Party complaint (when D sues 2nd party)
§ A Third Party Answer
· Choice of Law clauses
ð Plaintiff, 2 Defendant’s; 13a d1, 13b d2, D1 to d2 rule 20; 3rd party claim.
ð All require a responsive pleading: allegation and denial equal a factual issue that is the dispute.
ð Procedural device of the dispute: the trial.
o Pleadings determine what the factual issues are, what evidence can be brought in and what the fact finders will use.
o Defenses: 3 types: affirmative, 12b, and
o Discovery: evidence; usually in the hands of the opposing party (no right against self incrimination in civil court)
o Verdict by jury, judgment by court.
ð Joinder: of party and claims
o Usually can’t do one without the other.
ð Today: “Specialized” party joinder
o Rule 23: “class actions” thru representations of interests
ð Rule 19: Joinder of Person needed for Just adjudication (Rule 19, 12b defense (you can’t go on without more parties) )
ð Compulsory Joinder: whether there are parties that MUST be joined, even if neither they not those already in the suit desire them to be there
ð A) Persons to be joined if feasible: a person who is subject to service of process (PJ) and whose joinder will not deprive the court of juris over the subject matter shall be joined if:
o 1) in the persons absence complete relief cannot be had or
o 2) the person claims a property or contractual interest in the subject of the action, that the person’s absence may
§ i) as a practical matter impair or impe
e same transaction or occurrence as the original claim.
ð Rule 19: parties needed for just adjudication
o 12b7 defense: motion to dismiss for failure to join a necessary party; if deemed indepensible, then involuntary dismissed.
o A) If someone is necessary and there joinder is feasible, then it will be.
o B) Factors
ð Helzberg v. Valley West
ð Lease agreement, no more than 3 full line jewelry stores; Lord’s lease state’s that they can have a retail specialty store, NOT a full line store.
ð Helzberg (MO), Valley West (IA): sued in MO, using long arm and stream of commerce theory.
ð Rule 19 analysis:
o Does Lord’s have an interest in this litigation?
Under Rule 19 (2, i. and ii.) Lord’s is necessary, but is joinder feasible????? NO, no PJ (no contacts with the forum of MO, but PJ can be waived; if VWM invites them, they can be joined) BUT LORD’S chose NOT to waive PJ in MO.
