Civil Procedure Cheat Sheet, Cheat Sheet of Civil procedure

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Civil Procedure Cheat Sheet Subject Matter Jurisd ​iction Federal Question federal issue must be presented in the plaint ​iff’s well- plead complaint; federal defense is not sufficient Diversity Jurisd ​‐ iction Must be complete diversity between the parties, amount in contro ​versy exceeds $75,000 (can aggregate if jointly liable) Citize ​‐ nship of Parties Indivi ​dua ​ls— ​dom ​iciled where they are present with intent to remain indefi ​nitely; Corpor ​ati ​‐ ons ​—do ​miciled where incorp ​‐ orated AND where the principal place of business is located Supple ​‐ mental Jurisd ​‐ iction Court may exercise supple ​‐ mental jurisd ​iction over additional claims so long as the claims arise out of a common nucleus of operative fact as the original claim; additional plaintiff cannot destroy diversity Rejection of Supple ​‐ mental Jurisd ​‐ iction Court discretion if: The claims are complex or predom ​inate the lawsuit; The federal law claims are dismissed; or tere are any other compelling reasons to decline jurisd ​iction. Subject Matter Jurisd ​iction (cont) Removal Defendant may remove so long as the federal court can exercise SMJ over the case Additional removal factors no defendants can be citizens of the state in which the claim was originally filed; Motion for removal must be filed within 30 days of receiving the complaint; All defendants must join in or consent to removal Personal Jurisd ​iction Tradit ​‐ ional Basis service while volunt ​arily present; domicile; consent Long- Arm Statute Due process and fairness Due process Minimum contacts (purpo ​seful availment and relate ​dness); Fairness Specific Jurisd ​‐ iction action arises out of the defend ​‐ ant’s conduct General Jurisd ​‐ iction defendant is essent ​ially “at home” in jurisd ​iction Fairness Interest of the forum state in adjudi ​cating the matter; Burden on the defendant of appearing in the case; Interest of the judicial system in efficient resolu ​tion; and Shared interests of the states in promoting common social policies Venue Approp ​‐ riate Venue Any district in which the defendant resides if all defendants reside in the state where the district is located; Where a substa ​ntial part of the events or omissions occurred, or where the property is situated; or If neither of the above apply, venue is proper in a judicial district where any defendant is subject to PJ Transfer of Venue PJ, SMJ, venue approp ​riate, interest of justice Erie Doctrine Federal Question Jurisd ​iction Federal substa ​ntive and procedural law will control. Diversity Jurisd ​iction Court applies state substa ​‐ ntive law and federal procedural law Substance v. Procedure substa ​ntive- damages, SOL, eviden ​tiary privileges Pre-Trial Injunc ​tions Temporary Restra ​‐ ining Order Party seeks to maintain the status quo prior to a hearing for a prelim ​inary injunc ​tion. Must show immediate and irrepa ​rable injury and effort was made to give notice to opposing side. Last 2-14 days Pre-Trial Injunc ​tions (cont) Prelim ​‐ inary Injunction Requires notice to the opposing party and a hearing. Must show Likely to succeed on the merits; Likely to suffer irrepa ​rable harm in absence of injunc ​tion; Balancing the equities favors granting; and Injunction is in the best interests of the public Pleadings Rule 4 Service of Process Corpor ​ati ​ons ​—se ​rvice may be made on an officer, managing agent, general agent, or agent appointed or authorized by law Rule 12(b) Motion to Dismiss lack of SMJ, lack of PJ, improper venue, etc. 12(b) Motion Timing SMJ- any time; PJ/ venue/ process- at first opport ​unity; state a claim/ join a necessary party- in any pleading, motion for judgment, or at trial Rule 15 Amendments Plaintiff may amend its pleading once as a matter of right within 21 days after service on the defendant. Otherwise seek leave of court or written consent from opponent Adding a new claim Permitted if: original complaint was timely and new claim arises out of same transa ​ction or occurrence Pleadings (cont) Adding a new Defendant permitted if: claim arose out of same conduct, transa ​ction, or occurr ​ence; new defendant received notice of the action within 90 days of the original complaint; and new defendant knew or should have known that but-for a mistake, he would have been part of the original complaint Rule 11 Standards for Filing when documents are submitted, certifies that the documents are filed in good faith. If challe ​nged, must withdraw or revise the document. May be subjected to sanction Multiple Parties and Claims Rule 19 Compulsory Joinder of Parties party must be necessary, must be PJ, must be SMJ. If adding the party would ruin diversity, the court must decide whether the party is indisp ​ensable (dismiss the case) or not (proceed without the party) Multiple Parties and Claims (cont) Necessary party if: Court cannot afford complete relief without the party; There is a danger that the party would be harmed without joining; or There is a risk of an incons ​istent judgment or double liability New party is indisp ​‐ ensable Extent to which judgment would prejudice the parties in the person’s absence; Extent to which prejudice could be reduced or avoided by protective provis ​ions; Whether a judgment rendered would be adequate; and Whether the plaintiff would have an adequate remedy if action were dismissed for nonjoinder Rule 13 Cross- ​‐ Claims Can bring a cross- ​claim so long as it arises out of the same transa ​ction or occurrence as the plaint ​iff’s original claim. Must have SMJ Rule 14 Impleader Impleaded claim must relate to the original claim between the plaintiff and the defendant. Must have SMJ.