Civil Procedure II Outline

Civil Procedure II
Professor D’Isa
 
Topics, which will be covered in Civil Procedure II:
1.      Complex Joinder
2.      Res Judicata
3.      Erie Doctrine
4.      Discovery (it is statutory). What good does discovery do for you? 1) It lets you get evidence (helps parties narrow the factual and legal issues of trial and help us even decide if we even need a trial), and 2) let you know what defenses you have and cannot prove. In most parts were there are mandatory disclosures (it is not like poker and showing your whole hand, but give information, which is so basic that everyone will ask for it.
5.      Summary judgment
6.      Trial
7.      Appeals
 
Complex Joinder
1.      Claim Joinder: Rule 13, 18
a.      18: Permissive Claim Joinder – can join all claims against another party that you want
b.      13: Compulsory Counter-Claim – must join claims against another party if same STO
                                                               i.      Permissive Cross-Claim Joinder – Doesn’t have to have same STO
                                                             ii.      Test for STO
1.      Logical Relations Test:
a.       MAJORITY (USE SAOOF if not specified otherwise) – SAOOF (Same Aggregate of Operative Fact)
2.      Same Question of Law or Fact
3.      Substantially same facts or evidence
4.      May Use Res Judicata to prove same STO
                                                            iii.      Exceptions to Compulsory Counter-Claim
1.      The claim hasn’t ripened yet.
2.      The claim is already pending in another suit.
3.      This court doesn’t have jurisdiction over a party that is needed for the compulsory CC.
                                                           iv.      CC doesn’t become compulsory until you file an answer or an amended answer
2.      Party Joinder: Rule 14, 20, 19
a.      20: Permissive Party Joinder – can join parties if same STO or series of occurrences and common question of law or fact
b.      14: Impleader – can implead a 3rd party if D claims that any liability to P is a result of 3pD liability to D/3pP.
c.      19: Joinder of indispensible Parties (must be raised as 12b(7) defense anytime before final judgment but don’t sit on the motion)
                                                               i.      Is party needed for just adjudication?
1.      Can relief be granted without absentee, Or
2.      Does absentee have an interest at stake in the suit that would be impaired or impeded as a result of a judgment in this suit, or
3.      Will parties already in the suit be subject to multiple or inconsistent judgments.
                                                             ii.      If yes to one of the ones above, then can you get SMJ, PJ, Venue, LAS, SoP over the absentee?
                                                            iii.      If not, then do balancing factors test… In equity and good conscience, should this suit continue?
1.      What is the prejudice on absentee and parties?
2.      Can the prejudice be lessened by shaping the verdict?
3.      Can adequate relief be granted without the absentee?
4.      If dismissed, will P have adequate avenue for relief?
                                                           iv.      Public Policy: Make adjudication more efficient, avoid practical harm to absentee’s interest in the case, avoid multiple or inconsistent judgments.
                                                             v.      “Be careful for what