Overview of Civil Procedure
WEEK 1: September 5th, 2007
Where We’ve Been: (CIV PRO I)
Where Can the Suit be Brought? (SELECT-A-COURT)
Subject Matter Jurisdiction
Personal Jurisdiction
Venue (Removal; Transfer; Forum Non Conveniens)
Service of Process
Stating the Case (PLEADING)
Ethical Responsibilities/ Liabilities (Rule 11)
Pleading and Responsive Pleading
Amendments
Defaults and Dismissal
FRCP 55 & 41
Parties and Claims to the Lawsuit (JOINDER)
“Garden Variety Joinder” (Simple Joinder)
Rule 18: Permissive Claim Joinder
Rule 13: Counter Claims and Cross Claims
Rule 14: Third-Party Practice (Impleader)
Rule 20: Permissive Party Joinder
Where We’re Going: (CIV PRO II)
Parties and Claims to the Lawsuit (JOINDER)
Complex Joinder
Rule 19: Necessary and Indispensable Parties
Rule 24: Intervention
Rule 22: Interpleader
Rule 23: Class Actions
Former Adjudication (What affect, if any, does a former lawsuit have on this lawsuit?)
Res Judicata- “The Thing Decided” Claim Preclusion-A party cannot sue the same party on the same claim again once it has been decided
Collateral Estoppel- Issue Preclusion-Once an issue has been decided in a lawsuit, it cannot be relitigated -Stuck with the decision on that particular issue for all suits in which the issue arises
Vertical Choice of Law (aka: “ERIE”)
The Erie Doctrine-Choice between state and federal law (Federal ct must decided which law to apply
Factual Development (DISCOVERY & DISCLOSURE)
-Factual Developme
are subpoenaed, but not parties in the case. -Why? Because the court already has PJ over the parties
FRCP Rules 26-37, 45 (lots of rules!)
Discovery & Disclosure- Depositions, Interrogatories, Private Investigators, Subpoenas -50 Cent Rule
Pretrial Disposition (RESOLUTION W/OUT TRIAL)
Rule 56: Summary Judgment -If parties stipulate to the same facts, we likely do not need a jury as a judge can make the decision as a matter of law
Trials (PROCEDURE ONLY)
Rule 16: Pre-Trial Orders
7th Amendment; Rules 38, 39, 40, 47, and 48; and 28 USC SS 1861-1867: Juries
Rules: 50, 52, and 59- Trials and Post-Trial Motions
Appeals
FRAP 3, 4, and 8; 28 USC SS 1291 and 1292
Housekeeping
Thanksgiving…
Week 12’s Class is rescheduled for Week 11: Tuesday 12-3
Week 11= Tuesday 12-3 Wednesday/ Friday 2-5
(Wk 11 assignment) (Wk 12 Assignment)
JOINDER REVIEW
-Rules 13,14,18 & 20 from CivProI are fair game for the final!
-No Venue Questions in CivProII final
5 Basic Joinder Rules (things to keep in mind)
Every “party” in a lawsuit is either a Plaintiff party or a Defendant party. -There are no “fence post sitters”-You are either Asserting a claim (P) or Defending a claim (D).
