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CIV PRO CHECKLIST 10
PJ
SMJ
V
ERIE
PRE
J
D
TRIAL
POST
Claim & Issue Pre


Personal Jurisdiction
Subject Matter Jurisdiction
Venue
Erie Doctrine
Pre-Trial Pleadings & Issues
Joinder of Claims & Patries
Discovery
Trial Issues
Post Trial Issues/Appeals
Claim & Issue Preclusion
CIV PRO PJ
2 step analysis:
1. Satisfy Statute: 
    I. Presence
    II. Domicile
    III. Consents
    IV. Long Arm Statute 
       i. In CA the statute reaches the constitutional limit
2. Satisfy the Constitution: Does D have "such minimum contacts so that excerize of jurisdiction does not offend traditional notions of fair play & substantial justice"

My Parents Frequently Forgot to Read Childrens Stories

Minimum Contacts
   
i. Purposeful Availment
   
ii. Foreseeability

Fair Play & Substantial Justice
    i. Relatedness
      
a. Specific PJ: Claim related to D's contact
      b. General PJ: Continuous & Systematic contact
    ii. Convenience
   
iii. States Interest

Note on Internet
: Interactive website may be purposeful availment but passive website is not.
CIV PRO SMJ
Fed Court
Diversity of Citizenship
    i. Complete Diversity
      a. Domocile: Presence In State & Subjective Intent of Domocile
      b. Corporation: Incorporated & PPB (NERVE CENTER)
      c. Unincorporated: All members citizenship
    ii. Amt in Controversy 75K +
      a. Aggregate-Joint Tortfeasors
      b. Equitable Relief: P's viewpoint OR D's Viewpoint exceed 75K

Federal Question
   
i. Well Pleaded Complaint Rule: Claim must arise from Fed Q
    ii. Citizenship & Amt in Controversy is IRRELEVANT
    iii. Supplemental Jurisdiction: Claim in Fed Ct but additional claim doesn't meet diversity or FQ
      a. "Common Nucleus" T/O
      b. Fed Q Case: SJ may overcome lack of diversity & Amt in Controversy
      c. Diversity Case: SJ NEVER overcome lack of diversity

State Court
Superior Court
: General SMJ, can hear any Civil case

Limited Civil Case: $25K or less, Must specify on Complaint
Unlimited Civil Case: Any Amount
CIV PRO REMOVAL
Only D can remove from State Ct to Fed Ct if Diversity or Fed Q
     i. All D's must agree
     ii. No removal if any D is a citizen of the forum state
CIV PRO VENUE
Fed venue = District.
State venue = County

Local: Must file in district or county where land lies
Transitory:
1. Any District where
      a. All D's reside; 
      b. a substantial part of the claim arose; OR
      c. Diversity cases, where D subject to PJ
2. Any County where
      a. ANY D resides
      b. K case = where K was entered or to be performed
      c. Injury or Death = Where Harm occurred

FORD Mtr Co: Resides in every state because it is subject to PJ in every district because it does business in every district in the US

Transfer of Venue:
Fed-Only transfer to venue where case could have been filed
    i. Ct has discretion as to 1. public factors 2. private factors
State-Mtn to transfer if
1. Reason to believe impartial trial
2. Convenience of W's
3. No Qualified Judge

Forum Non Conveniens: Ct may dismiss if there is better Ct to bring action
CIV PRO ERIE
Fed Ct must apply State substantive law to nonfederal causes of action
    i. If Fed law that conflicts with state law apply Fed law
CIV PRO SERVICE OF PROCESS
Must serve w/in 120 days of filing case:
1. Summons
2. Copy of Complaint

Any non-party over 18 may serve

Personal Service: Anywhere in forum state
Substituted Service: State Ct may only use if Personal Service not possible
1. It's D's usual abode
2. Serve someone of suitable age & discretion who reside there (State = 18 or older)
State Only
3. Person informed of contents
4. Mailed by first class mail, postage prepaid

Service on D's Agent:Agent appointed by K, Corp's registered agent
State Law: Methods of service permitted by state (Long arm statute)
Waiver by Mail: D executes & mails back w/in 30 (state 20) days
Immunity: In state as witness or party in another case. (State = no immunity)
CIV PRO PLEADINGS
Complaint: Fed=Notice Pleading, State=Fact Pleading (allege all facts to each element)
    1. Stmt for SMJ
    2. Stmt of Claim
    3. Relief sought

D's Response: 21 days or Default 
    1. Motion; OR
    2. Answer
      i. Must admit, deny or state u lack sufficient info
      ii. Failure to deny constitutes an admission
      iii. Raise Affirmative defenses or they are WAIVED

Fed Counterclaim: D v. P
    i. Compulsory: Same T/O as P's claim, must be filed in pending case or its WAIVED
    ii. Permissive: Not same T/O as P's claim, file any time
Fed Crossclaim:
    i. Claim against co-party from same T/O

State Frivilous Litigation: Frivilous tactics in litigation no Safe Harbor

State Cross-Complaint
    i. Same T/O
    ii. D v. P
    iii. D v. Co-Party
    iv. D v. TPD
State Demurrer: Failure to state facts to constitute claim
State Special Demurrer: Complaint is uncertain, ambiguous or unintelligible

Mtn to Quash Service: Lack of PJ, Improper Process or Improper Service

Mtn to Strike: Irrelevant, false or Improper matter

State Anti-SLAPP
: Strategic Lawsuits against Public Participation

Amending Pleadings
:
    i. P: Once w/in 21 days after D responds to complaint
    ii. D: Once w/in 21 days of serving his answer
    iii. May request leave to amend

Relation Back: SOL
1. Join a new claim: Amended pleading "relate back" if same T/O as original pleading
2. Change D: P sued wrong D first but the right D knew about it
    i. Same T/O
    ii. New party knew of action w/in 120 days of its filing; &
    iii. Knew of mistake

Rule 11: Atty must sign all papers

Sanctions: Deterance
    i. Other party violates Rule 11, you may serve Mtn & other party has Safe Harbor 21 days to fix problem.
CIV PRO JOINING PARTIES
Co-Parties: May sue together if
1. Same T/O &
2. 1 common Q

Compulsory Joinder
1. Ct can't accord complete relief among existing parties (multiple suits)
2. A's interest harmed if not joined
3. A claims interest that subjects a party to multiple obligations

Permissive Joinder:
Feasible to Join Absentee:
1. PJ; & 
2. Joining him wont destroy diversity

Class Action: Fed-Must show ALL
1. Numerosity
2. Typicality
3. Comonality
4. Adequate Representative

State-Must show
1. Ascertainable Class
2. Community Interest
    a. Common Q predominates
    b. Rep is adequate
    c. Class will result in substantial benefit to the parties

Fed: Must be in 1 or 3 types:
1. Prejudice
2. Injunction/declaratory Judgment
3. Damages:
    i. Common Q predominates over individual Q; &
    ii. Class is superior method to handle dispute

Intervention:
    i. Invervention as Rt
    ii. Permissive Intervention

Impleader: TPD may owe indemnity or contribution
    i. Must have SMJ over TPD
CIV PRO DISCOVERY
Discovery Types:
    i. Required Disclosures
      a. Initial Disclosures
      b. Experts
      c. Pretrial: Witnesses, Evidence
    ii. Depositions: Non-parties must be subpoenaed
    iii. Interrogatories
    iv. Request to Produce: Docs, ESI, Entry
    v. Physical or Mental Exam:
      a. Must get Ct Order
      b. Health in Controversy+Good Cause
      c. State-Rt to demand 1 Physical Exam in PI Case

Scope: Anything relevant to a claim or defense
    i. Privleged Matter: Not discoverable 
    ii. Work Product: Materials in anticipation of litigation.
      a. Mental impressions, opinions, conclusions & legal theories
      b. State: Must be generated by Atty or Agent
    ii. State Privacy: Need for Info verse Need for Privacy

Enforcement
   
i. Partial Violation: Get order to compell, then Sanctions
    ii. Total Violation: Sanctions
CIV PRO PRETRIAL
Voluntary Dismissal:W/out prejudice up to CT

Involuntary Dismissal: Fed & State-Dismiss for failure to prosecute, abide by Ct rules, etc. 
    i. State-Discretion to dismiss if case hasn't gone to trial in 2 years
    ii. State-Mandatory dismissal if 1. not brought to trial in 5 years 2. Process not served w/in 3 years

Default Judgment: D failed to respond w/in 21 days after service

Failure to State a Claim: Ct assumes all alegations as true & if so would P prevail

Summary Judgment
:
1. No genuine dispute as to material issue of fact
2. Judgment as matter of law
CIV PRO JURY TRIAL
Right to Jury Trial:
I. Fed-7th Am Rt to Jury Trial in all "suits of common law" but not Equitable Relief.
II. Written Demand 
III. Legal & Equitable claims in cause of action, Legal tried first by Jury
    i. Unlimited strikes for cause & 3 (6 State) peremptory
    ii. Fed 6-12 jurors, State 12 Civil
    iii. Fed=Unanimous, State=9/12

Mtn for new trial: Proper grounds

Directed Verdict: Reasonable people could not disagree

Judgment as matter of law (JMOL=Directed Verdict)
    i. Take case away from Jury: Reasonable people could not disagree

JNOV: Renewed Directed Verdict

Remitter: Lower Recovery
Additur: Increase Recovery
CIV PRO APPELLATE REVIEW
Final Judgment Rule: Can appeal only if case decided on merits

Extraordinary Writ
: Compel Ct to do or not do something law requires.
    i. New proceeding in Ct of appeal
CIV PRO PRECLUSION
Claim Preclusion: Only get to sue on 1 claim once.
    i. Same P against same D
    ii. Case 1 ended on final judgment on the merits
    iii. Case 1 & Case 2 assert the same cause of action

Issue Preclusion: Precludes relitigation of an issue litigated & determinted before.
    i. Case 1 final judgment on the merits
    ii. Issue actually litigated & determined in Case 1
    iii. Issue was essential to the judgment in Case 1
    iv. Although different, action betwen P & D or their privies

State-Primary Rights Doctrine:
Causes of action may be split into seperate lawsuits as long as that cause of action does not give rise to an invasion of a single primary right.

Full Faith & Credit
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