Civil Procedure Class Notes

Civil Procedure Class Notes - 1 Civil Procedure Class Notes...

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Civil Procedure Class Notes 8/28/2008 Personal Jurisdiction – Subject Matter Jurisdiction – §1391(a) venue jurisdiction – Service of Process – Rule 11 – plaintiff must first conduct “inquiry reasonable under the circumstances;” They are certifying that their complaint is (1) not improper, intended to cause (2) warranted by existing law (you can’t sue someone for making a face at you) or asking to reverse existing law, (3) facts have evidence or will have evidentiary support after reasonable opportunity for investigation, (4) denials of factual contentions are warranted based on the evidence or lack of information. Rule 11 and Bridges v. Diesel Service Inc. – After a complaint has been made, the defendant must do something in order to avoid “default judgment.” One option would be to file a pre-answer motion (21). Another option would be to file an answer (22). Defendant doesn’t have to file a motion to dismiss. 9/2/2008 Rules 13 and 14 (Know precise definitions and rule restrictions). Cross-claim – plaintiff brings claim against another plaintiff or defendant brings claim against another defendant. Counterclaim – Third-party claims (impleader) – 14 plaintiff sues defendant; defendant brings in third party defendant. Must involve same transaction or occurrence. Affirmative Defense – 8(c) Compulsory Counterclaim – 13(a) if the claim arises out of the same transaction or occurrence, you MUST bring the claim at this time (it’s your only chance) Permissive Counterclaim – 13(b) anything that’s not compulsory 1
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Rule 15 Are amendments generally permitted or restricted? For the most part, the rule is very forgiving. “The court should freely give leave when justice so requires. (You don’t need to know all of the details). Problem: statute of limitations? Rule 20 Permissive Joinders – may join as plaintiffs/defendants if (1) arising out of same transaction or occurrence AND (2) any question of law or fact is common to all plaintiffs/ defendants. Rule 19 Required Joinders – joinder can’t deprive the court of subject-matter jurisdiction; (A) in that person’s absence, the court cannot accord complete relief. Rule 24 Intervention – Discovery Forms of discovery – Written interrogatories, depositions, document production, medical examinations, requests for admissions. Initial disclosure – Scope of discovery – 26(b) any evidence that’s relevant to any party’s claim or defense and isn’t privileged. The court can limit the scope of discovery if the burden, expense, etc… outweighs the value of the information sought. When conducting discovery, you can’t lie to get information and you can’t talk to someone who’s being represented by a lawyer without that lawyer being present. 9/4/2008
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Civil Procedure Class Notes - 1 Civil Procedure Class Notes...

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