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    1S CivP

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    ac70119
    Federal civil procedure governs jurisdiction, pretrial practice, and trial processes in U.S. federal courts. Federal courts have limited subject matter jurisdiction over cases involving federal law or diverse parties. Personal jurisdiction requires minimum contacts between the defendant and forum state. Pretrial procedures include pleadings, discovery, motions, and settlement opportunities. At trial, parties may request a jury or bench trial. Verdicts and judgments conclude the case, and certain issues may not be relitigated due to claim or issue preclusion. Final decisions can be appealed with deference given to factual findings.

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    1S CivP

    Uploaded by

    ac70119
    602 views1 page
    Federal civil procedure governs jurisdiction, pretrial practice, and trial processes in U.S. federal courts. Federal courts have limited subject matter jurisdiction over cases involving federal law or diverse parties. Personal jurisdiction requires minimum contacts between the defendant and forum state. Pretrial procedures include pleadings, discovery, motions, and settlement opportunities. At trial, parties may request a jury or bench trial. Verdicts and judgments conclude the case, and certain issues may not be relitigated due to claim or issue preclusion. Final decisions can be appealed with deference given to factual findings.

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    Civil Procedure one sheet

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    Federal civil procedure governs jurisdiction, pretrial practice, and trial processes in U.S. federal courts. Federal courts have limited subject matter jurisdiction over cases involving federal law or diverse parties. Personal jurisdiction requires minimum contacts between the defendant and forum state. Pretrial procedures include pleadings, discovery, motions, and settlement opportunities. At trial, parties may request a jury or bench trial. Verdicts and judgments conclude the case, and certain issues may not be relitigated due to claim or issue preclusion. Final decisions can be appealed with deference given to factual findings.

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    © All Rights Reserved
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    602 views1 page

    1S CivP

    Uploaded by

    ac70119
    Federal civil procedure governs jurisdiction, pretrial practice, and trial processes in U.S. federal courts. Federal courts have limited subject matter jurisdiction over cases involving federal law or diverse parties. Personal jurisdiction requires minimum contacts between the defendant and forum state. Pretrial procedures include pleadings, discovery, motions, and settlement opportunities. At trial, parties may request a jury or bench trial. Verdicts and judgments conclude the case, and certain issues may not be relitigated due to claim or issue preclusion. Final decisions can be appealed with deference given to factual findings.

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    Federal Civil Procedure

    I. Jurisdiction and venue


    A. Subject matter jurisdiction
    1.Federal courts Limited SMJ for Fed (must dismiss if no SMJ)
    Fed Cts have OG juris for all civil actions under consititution, laws, treaties of US
    Fed Cts have OG juris over matters w diverse litigants, where amt > 75k
    Supp Juris over non OG claims if same Txn/occurance (discretionary)
    D may remove to fed ct if in st ct and could have been brought in fed (30 days)(Venue = state)
    2.State courts Gen Juris
    B. Jurisdiction over parties
    In personam D has phys presence/rel/consents/waives/systematic contact arising in st + long arm
    To reach OOS D, FrmSt must have Long Arm . D must have minimum contacts + notice/service
    Minimum contacts: Fair play & sub justice - purposeful availment of state laws? foresee juris?
    C. Jurisdiction over property
    In rem D has property in ForumSt (pers prop of value + in state w fedct + ct must sieze prop + D notice)
    Quasi in rem P wants to attach to Prop D owns in FrmSt (same, but (3) prop must be attached)
    D. Service of process and notice (Complaint starts; 120 days to summon)
    Summons must: signed clerk; ID ct, ptys; directed to D; state atty/ctrpty; notify date time for ans; seal of ct
    No summons = dismiss w prej, even if actual notice
    E. Venue, forum non-conveniens, and transfer
    Venue is where action filed. If needs intl forum: FNC (dismiss); if inconvenient: transfer
    II. Law applied by federal courts
    A. State law in federal court
    Rules decision act: Con, treaty, fed > state law
    if diversity/supplem., apply erie (fed proc, state sub)
    B. Federal common law
    III. Injunctions and provisional remedies
    If necessary to prevent injustice or timeliness, prelim inj (notice req); TRO doesnt req. notice
    IV. Pretrial procedures
    A. Pleadings and motions
    Pleading must: short plain stmt of grounds, if true, entitle relief; demand for relief
    Answer 21 days (must incl. aff def; SMJ; PJ; venue; state claim; R19 Join)(no dism if SMJ, r19, claim granted)
    Compulsory CC=same txn/occurance; Permis CC=same adverse pty; XC=new not opp pty (discr)
    R11 Signing = not baseless, improper purpose
    B. Abstention doctrines
    C. Joinder of parties and claims (including class actions)
    Pty may join all CLAIMS ag pty in single action
    PTY subj to service MUST be joined: no relief to parties; interest in subj. of lit and interest not protect (split?)
    Class action: numerosity; commonality; typicality; adequacy of rep
    interplead if multiple claims depend on same oblig, risk of multiple judgements; implead if liable to D;
    intervene if interest in action + @ risk + not repd by existing ptys.
    D. Discovery (including e-discovery)
    May discover: relevant to claim/defense; not burdensome; not priv (doc-pt; work prod; spouse)
    E. Adjudication without a trial
    Default J (fail to plead/defend claim); Settlement; pretrial motion
    F. Pretrial conference and order
    expedite disposition; control; discourage waste; facilitate settlement
    V. The trial process
    A. Jury trials
    Rt to Jury in civil (A7)(not if equitable action); demand 14 days after last pleading
    B. Nonjury trials
    C. Jury instructions
    selection: voir dire, preemptory challenge; disqualification, implied/actual bias
    D. Motions
    12b6: fail to state claim; insufficient facts; allegations negative CoA (w/Prej) (pre trial)
    SummJ: no genuine dispute as to any material fact and movant entitled to JMoL (pre trial)
    JMoL: see SummJ (post trial)
    Renewed JMoL: see SummJ (post verdict)
    New trial: reversible error; excessive verdict; jury misconduct; against clear weignt of ev. (D motion)
    VI. Verdicts and judgments
    A. Jury verdicts
    must be unanimous; 6 jurors
    B. Judicial findings and conclusions
    C. Directed verdicts and nonsuits
    D. Post-trial motions
    E. Effect; claim and issue preclusion
    "Collateral Estoppel" once final judgment, elements may not be relitigated
    claim preclusion: b/w same parties; arising same Txn/O; and ct had proper SMJ/PJ
    issue preclusion: no relit of issues that were fully and fairly litigated, necessarily decided in proceeding w final J
    F. Appealability and review
    A. Interlocutory
    no interlocutory review unless collateral order (conclusively determine issue; important issue sep from merit; unreviewable on appeal)
    B. Final J Disposes of all issues between parties
    C. Scope of Review
    must be preserved. Facts: Clearly Erroneous; Concl. of law: de novo; other determinations: Abuse of discretion


    Frequently Tested Topics
    Personal Jurisdiction
    Subject Matter Jurisdiction
    Pleadings
    Venue
    Supplemental Juris
    Appeals
    Erie
    Discovery
    Mnemonics

    My Strengths & Weaknesses

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