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FED rules WEVE covered

FED rules WEVE covered - FED rules WEVE covered R 16...

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FED rules WEVE covered R 16. – Pretrial Conference (a) Purposes of a Pretrial Conference: court may order the attorneys and any unrepresented parties to appear for pretrial conferences to: (1) expedite the action, (2) establish control (manage); (3) discourage wasteful activities; (4) improve quality of trial through more thorough preparation, and; (5) facilitate settlement. Other provisions cover: i. (b) Scheduling. ii. (c) Attendance and Matters for Consideration at a Pretrial Conference. iii. (d) Pretrial Orders. iv. (e) Final Pretrial Conference and Orders. v. (f) Sanctions. R 4. – Summons Service of Process governed by Fed R Civ P 4 a. Service consists of giving copy of summons and complaint b. Service can be done by any non-party over 18 y.o. - R 4(c)(2) c. Process can be served on an individual by any method allowed by state as well as in 3 ways R 4(e) i. Personal service ii. Substituted service only at s dwelling to someone of suitable age/discretion who also lives there iii. Service on s agent agent can be appointed by law, by K, etc d. Serving process on corporations i. If w/in the US, same as serving individuals – R 4(h)(1) ii. If outside US, R 4(h)(2) e. Service can be waived by - R 4(d) gives many incentives for to waive i. Note: if someone doesn’t’ waive and wants to contest sufficiency of service, can do so under R 12(b)(5) R 4(k) Long Arm Rule: 4(k): Federal Jurisdiction: Territorial Limits of Effective Service. Authorizes exercise of personal jurisdiction by a federal court only to the extent a state court of the state in which it sits, under its long arm statute, could exercise jurisdiction. When can a federal court have jurisdiction? o (1) Service of a summons or filing a waiver of service is effective to establish jurisdiction over the person of a defendant- o 4k provides service of process is effective to establish jurisdiction over person of a D in FOUR circumstances: Rule 4K1A: Federal court can exercise jurisdiction if D could have been served in the state where the federal court is located (if the state long arm authorizes PJ) ( this one is most applied) PJ reach is the same as the reach of the state in which it sits. Rule 4k1b: Bulge Rule ( exception): service valid over party joined under rule 14 (Impleader) or 19 (necessary joinder of parties), if served in a district of the US and within 100 miles of where the summons issues (trying to get everyone in complicated dispute in one place) Rule 4k1c: valid over someone subject to the interpleader statute (1335) Rule 4k1d: valid when authorized by US statute: o Rule 4k2: If it is a federal question claim, then the federal court has jurisdiction over D who does not have sufficient contacts to make him subject to jurisdiction of any state (if jurisdiction is constitutional otherwise § 1391 – Venue Generally ~ (a) diversity (b) Non-diverse cases (c) corporations
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§1391(a): governs venue in diversity cases; authorizes venue in: (1) a judicial district where any ∆ resides, if all ∆s reside in same state o Majority: Domicile = Residence o
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