CIVIL PROCEDURE DOES THE COURT HAVE THE AUTHORITY TO DECIDE THE DISPUTE? ‘A, Does the court have authority over the parties? 1. Personal Jurisdiction a. Traditional ways of asserting jurisdic 1) domicile 2) presence in state when served 3). consent a) appearing in the action b) by contract c) appointment of agent for service d) implied consent, e.g., non-resident motorist statutes b. Assertion of jurisdiction over non-residents 1) state long-arm statute, and 2) minimum contacts a) purposeful availment b) _ foreseeability 3) traditional notions of fair play and substantial justice a) relatedness between claim and contact (less important if contact is great) b) convenience c) State's interest 2. In rem jurisdiction 3. Quasi in rem jurisdiction 4. Notice--service of process B. Does the court have authority over the subject matter? 1, Subject matter jurisdiction a. State courts are generally courts of unlimited jurisdiction. The only limits are statutory b. _ Peaszal courts only have jurisdiction over two types of _ 1) federal questions 2) diversity actions a) complete diversity b) good faith allegation of damages over $75,000 _ @! Supplemental jurisdiction (formerly pendant and ancillary Sirisdiceion) c. ts the court the proper place to resolve the dispute? TF crue (mbna us) aon aiwersity cases 1)” there ati defendants reside, 2) where @ substantial pare of the claim arose 3) lene district mectona, or be, where ail defendants are subject to personal jurisdiction In all other cases: 1) where all defendants reside, or 2) where a substantial part of the claim arose 3) if none of the above, where any defendant can be found c. Residence1) for individuals, residence equals domicile 2) a corporation “resides” in all districts where it is subject to personal jurisdiction d. Improper or inappropriate venue 1) transfer 2) forum non conveniens IZ. WHAT LAW GOVERNS THIS DISPUTE? A. Brie Doctrine 1. Federal courts are required to apply state substantive law to nonfederal causes of action 2. The Necessary and Proper Clause allows federal courts to apply federal procedural rules. In-addition, federal courts will apply some state “procedural” rules when those rules have no bearing on the mechanics of the federal court system III. ARE THE PLEADINGS PROPER? Federal courts use notice pleading - the pleading must put the opposing party on notice of the claim. By contrast, some states use code pleadings Complaint 1, statement of subject matter jurisdiction 2. statement of the claim 3. demand for relief Defendant's response 1. Answer 2. Rule 12 motion (watch waivable defenses) Counterclaim 1. Compulsory 2. Permissive 3. Supplemental jurisdiction (if needed) for compulsory Cross-claims ~ Supplemental jurisdiction (if needed) Amendments and Supplemental pleadings* Rule 11 1. Certification 2. Sanctions 10IV. ARE THE PROPER PARTIES AND CLAIMS BEFORE THE COURT? AL A. Joinder of Parties 1. ae ‘Compulsory Joinder - necessary parties should be joined if possible Permissive Joinder - Tf joinder of necessary party not feasible (e.g., would destroy diversity jurisdiction), court must either proceed without absentee or dismiss the case. Tf dismiss, call the absentee “indispensable.” Joinder of Claims 1. Class Actions a. Initial requirements 1) Class is so numerous that joinder of all members is impracticable 2) There are questions of law or fact common to the class 3) The claims of the representative parties are typical of the class 4). The representative parties will fairly and adequately protect the interest of the class b. Types 1) “prejudice” 2) injunction/declaratory judgment 3) common question predominate Intervention a. Intervention as of right b. Permissive intervention ¢. Supplemental jurisdiction (if needed) for intervention of right or defendant impleader a. Indemnity or contribution b. Other claims: TPD v. plaintiff and plaintiff v. TPD ¢. Supplemental jurisdiction (if needed) for impleader and TPD v. plaintifé Interpleader a. Rule 22 Interpleader b. Statutory Interpleader HAVE THE PARTIES PROPERLY PROPOUNDED AND REPLIED TO DISCOVERY? Types of discovery Depositions Interrogatories Requests to Produce Physical or Mental Examinations Requests for Admission Required disclosures Scope of discovery ae 2. oe Anything reasonably calculated to lead to admissible evidence Privileged matter not discoverable¥ Work product * 1Enforcement of discovery rules (sanctions) 1. ‘Total or partial failure to provide discovery: motion to compel plus costs and certify good faith attempt to obtain discovery 2. Sanctions include: a. Treat matters as admitted b. Disallow evidence on an issue ¢. Establish the issue adverse to the violating party d. Strike the pleadings €. Dismiss the cause of action or the entire action (bad faith) f. Enter a default judgment (bad faith G. Hold in contempt, except for refusal to submit to physical or mental exan. 3. ‘Immediate or Automatic sanction VI. CAN THE DISPUTE BE RESOLVED WITHOUT A TRIAL? AL B. 12(b) (6) - failure to state claim Dismissal 1. Voluntary 2. Involuntary Summary’ Judgment 1. The moving party must show that there is no triable issue of fact and entitled to judgment as matter of law 2. Partial summary judgment can be granted VII. IF THERE IS A TRIAL, WHO WILL DECIDE THE MATTER? Seventh Amendment guarantees a right to jury trial for actions at common law, but not for equitable actions. State constitutional provisions and statutes also guarantee jury trials Legal Actions are actions for money damages or to recover property. Equitable actions involve specific performance, reformation or injunctive relief for example. In deciding whether an action is legal or equitable, courts will focus on the nature of the remedy and the nature of the action When an action contains legal and equitable claims, state courts will generally not permit a jury trial if the legal claims are incidental. Federal courts have rejected the “clean-up” doctrine and quarantee a jury trial even for incidental legal issues The verdict can be a general verdict, a special verdict or a general verdict with interrogatories If there is a jury, can the jury be disregarded? 1, Nonsuit 2. dudgment as a Matter of Law (formerly, Directed Verdict) 3. Renewed Motion for Judgment as a Matter of Law 4, Motion for New Trial 12vrir. 1x. CAN THE DECISION. BE APPEALED? The Final Judgment Rule requires a final judgnent of the entire case before an appeal may be taken Exceptions to the Final Judgment Rule 1. Pretrial orders involving temporary remedies 2. Final judgment on collateral matters 3. Interlocutory orders of great importance that may be determinative of the ultimate decision IS THE DECISION BINDING IN FUTURE casES?%~* A. Res Judicata (Claim Preclusion) 1. When there is a final judgment on the merits, res judicata prevents re-assertion of the claimant's cause of action 2. “on the merits” is any judgment except one based on jurisdiction, venue or indispensable parties (or if first Gourt said it was not on merits) Collateral Estoppel (Issue Preclusion) 1, Issues of fact actually litigated and essential to a judgment in a first action are conclusive in a subsequent, Although different, action between the plaintiff and defendant or their privies 2. Default and consent judgments do not involve litigation of the merits and therefore do not give rise to collateral estoppel Who is bound by the judgment? 1. Parties are bound 21 privies to parties are also bound including those who control the litigation and will be affected by the outcome 3. Strangers are not bound, but may take advantage of collateral estoppel if jurisdiction rejects mutuality doctrine 4, Other jurisdictions a. The Constitution requires that full faith and credit be given to public acts, records and judicial proceedings of sister states. Federal statutes compel recognition of federal court judgments Full faith and credit is only required when the court had personal jurisdiction over the parties and the court issued a final judgment on the merits Full faith and credit is not required for foreign country judgments. 13