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- The Civil Procedure Index lists all CALI lessons covering Civil Procedure.
Subject Outline
- Introduction/Overview
- Historical origins
- English common law
- Sources of procedure - statutes
- Statutory Interpretation (LCS03)
- Federal law
- State laws
- Writs
- Defined
- Importance
- Relation to procedure
- Equity
- Defined
- Procedures used in equity courts
- Merger of law and equity
- Result of merging law and equity in the US
- Right to jury trial
- Historical origins
- Notice and Knowledge LCS13
- Knowledge
- Imputed Knowledge
- Notice
- Actual Notice
- Adequacy of Notice
- Constructive Notice
- Judicial Notice
- Implied Notice
- Imputed Notice
- Inquiry Notice
- Record Notice
- Jurisdiction over the Parties
- Sources of jurisdiction
- Introduction to Specific Jurisdiction (CIV44)
- Fairness
- Affiliation with the forum
- Notice
- Today’s ideas toward jurisdiction
- International Shoe v. Washington
- Minimum contacts doctrine
- Continuous and systematic contact
- Constitutional limits
- Affiliation requirement
- Due process
- Reasonable notice
- Opportunity to be heard
- Jurisdiction over individuals
- Rule 4(k) (CIV42)
- Support Jurisdiction (FAM02)
- Child Custody Jurisdiction (FAM10)
- Personal service
- Transient people
- Domicile
- Transient Jurisdiction, General Jurisdiction, and Domicile (CIV26)
- Defined
- Different from residence
- Transient Jurisdiction, General Jurisdiction, and Domicile (CIV26)
- Consent to jurisdiction
- Consent by filing suit
- Consent by defendant’s appearance
- Consent by non-resident motorist
- Judgment by confession
- Jurisdiction over corporations
- Consent
- Express
- Implied
- Presence concept
- Consent
- Jurisdiction over things/property
- Quasi in rem jurisdiction
- In rem jurisdiction
- Type of property interest
- Attachment
- Property situs
- Results of judgment
- Notice
- Federal jurisdiction over the parties
- Mastering Federal Question Jurisdiction in Two Steps (CIV33)
- Service statutes
- Federal questions
- Rule 14 or Rule 19
- Class Actions
- Notice
- Defenses to claims of jurisdiction
- Rule 12
- Timing
- States and special appearances
- Federal courts
- Limited appearances
- Venue
- Venue (CIV25)
- Purpose
- Determination
- Local actions
- Federal courts: 28 USC 1391
- Remedies for improper venue
- Changing venue for convenience
- Forum non conveniens
- Multi-district litigation
- Long arm statutes
- Pre and post International Shoe
- Typical limits states impose
- Concept of a single contact
- Torts
- Products liability
- Contracts
- Transfer
- Jurisdiction by necessity
- Convenience of forum
- Service
- Notice and Service of Process (CIV46)
- Technicalities of service
- Methods of service
- Timing
- Immunity from process
- Notice and Service of Process (CIV46)
- Sources of jurisdiction
- Subject Matter Jurisdiction
- Selecting the proper court
- Article III in general
- Federal jurisdiction generally
- Article III, Sec. 2
- Relation of the 11th Amendment
- Federal jurisdiction is narrowly defined
- Concurrent jurisdiction
- Exclusive jurisdiction
- Issues of diversity
- Diversity Jurisdiction (CIV32)
- 28 USC sec. 1332(a)
- Criticism of the doctrine
- Complete diversity required
- Exception: statutory interpleader cases (28 USC 1335)
- Distinguished from Rule 22
- Proper parties
- Determining citizenship
- Natural persons including aliens
- Corporations
- Unincorporated associations
- Time for determining citizenship
- 28 USC sec. 1359
- Creating and destroying diversity
- Federal question
- Article III limitations
- Underlying policies
- 28 USC sec. 1331 - arises under
- Problems and criticisms of arising under rule
- Effected by pleadings
- Federal laws defined
- United States as a party
- Amount in controversy
- Reason
- Method to determine
- Money damages sought
- Non-monetary damages sought
- Aggregating claims
- Effect of counterclaims
- Horton v. Liberty Mutual Ins. Co.
- Federal question
- Diversity
- Supplemental subject matter jurisdiction
- Basics of Supplemental Jurisdiction through the Ice-Cream Method (CIV28)
- Relation to Article III
- 28 USC sec. 1367
- United Mine Workers v. Gibbs
- Defined - origins
- Benefits
- Criticisms
- Discretionary nature
- Today expanded
- Ancillary jurisdiction
- Pendent jurisdiction
- Pendent party jurisdiction
- Relation between Rule 20, 23 and Rules 19, 24
- Rules 13 and 18
- Joinder of parties
- Venue
- Basics of Supplemental Jurisdiction through the Ice-Cream Method (CIV28)
- Removal to the federal courts
- Removal and Remand: The Basics (CIV27)
- Removal and Remand: Litigation Strategy (CIV45)
- 28 USC sec. 1441 rather than Constitutional
- Specialized removal provisions in particular circumstances
- Venue
- Relation to amount in controversy
- Relation to state court’s jurisdiction
- Ability to remove all of action because of a part
- Applicability of remand when removal denied
- Procedure for removal
- Requirements for removal
- Purpose for removal
- Power to punish disobedience
- Determining the Applicable Law
- Basics/type of problem
- Controlling law in federal courts
- 28 USC sec.1652
- Selecting the proper state law
- Conflicts laws
- Klaxon
- Transferred cases
- Determining precedent for state law
- Enforcement of federal law by state courts
- Federal common law
- Swift v. Tyson
- Problems with Swift
- Common law distinguished from common law in Swift
- Application of state law as federal common law
- When to apply federal common law
- Subject matter jurisdiction
- Personal jurisdiction in federal question cases
- Erie doctrine
- The Erie Doctrine: Basics (CIV22)
- Impact on Swift
- Constitutional implications
- Post Erie and its problems
- Outcome determinative test
- Balancing approach
- Relation to Federal Rules
- Equitable remedies
- Arguments for and against Erie
- Basics/type of problem
- Pleading
- At common law
- Purpose
- Different from modern practices
- Modern pleadings
- Purpose
- General requirements of pleadings
- Drafting a Complaint (CIV01)
- Code pleadings
- Facts vs. evidence
- Notice pleadings
- FRCP 8(a), 8(b)
- Truth and consistency
- Special pleading rules
- FRCP 9
- Federal Code of Civil Procedure
- Modern federal complaint
- Drafting a Complaint (CIV01)
- Requirements
- Subject matter jurisdiction
- Claim
- Prayer for relief
- Motions against complaint
- Drafting a Complaint (CIV01)
- Demurrer vs. motion to dismiss
- Substantive insufficiency
- Challenging technical aspects of the pleadings
- Please in abatement
- Failure to plead defects
- Result and options from losing a motion
- Counterclaims, third-party claims, cross-claims
- Defined
- Answer
- Generally
- Admissions
- Denials
- Affirmative defenses
- Reply
- When required
- Limitations to the reply
- FRCP 7(a), 8(d)
- Time for various pleadings (timeline and time permitted)
- Amendment to pleadings
- Types of pleading defects
- Result of amending pleadings
- Supplemental pleadings
- Variance of proof
- At common law
- Discovery and Pretrial Conference
- Discovery
- Woburn: A Game of Discovery (CIV20)
- Historically
- Purpose
- Scope
- Privileged matter
- Relevant and irrelevant information
- FRCP26(a)
- Limitations to discovery
- Work product
- Expert opinions
- FRCP 26
- Timing of discovery
- Processes
- Methods
- Limitations to methods
- Problems with subpoenas
- Need to update discovery
- FRCP 26(e)
- FRCP 35 - examinations
- Inspection of documents - FRCP 34
- Request for admission
- Interrogatories
- Depositions
- Limitations to methods
- Orders and Sanctions
- FCRP 37
- Failure to comply with court order
- Failure to appear at dep or to answer interrogatories
- False denial in response to a request to admit
- Failure to perform automatic disclosures
- Motions
- To require a response
- To have matters deemed admitted
- Use of results at Trial
- FRCP 32
- Depositions
- Used by opponents
- Contradict testimony
- Unavailability
- Inadmissible portions of a deposition
- Answers to interrogatories
- Admissions
- Pretrial Conference
- Defined
- Purpose of a pretrial conference
- FRCP 16
- Settlement
- Mandatory vs. discretionary conference – FRCP 16(b)
- Procedural aspects
- Pretrial order
- Discovery
- Trial Procedure
- Trial techniques
- Jury trial
- Availability of a jury trial
- Procedures
- Jury selection
- Jury instructions
- Jury verdicts
- General verdict
- Special verdict
- Special verdict with interrogatories
- Jury misconduct
- Trials without jury
- Burden of proof on parties
- Presumptions
- Preponderance of the evidence
- Constitutional right to jury trial
- Jury trial
- Judgment as a matter of law - FRCP 50
- Rule 50 - Judgment as a Matter of Law (CIV37)
- Directed Verdict
- Non-suit
- Judgment N.O.V.
- Motion for new trial and judgment n.o.v.
- Rule 50 - Judgment as a Matter of Law (CIV37)
- New trial
- Grounds
- Court’s discretion
- Review of grant or denial of new trial
- Remedies - orders and judgments
- Provisional judgments
- Attachment
- Preliminary injunctions
- Receivership
- Arrest
- Pendency of litigation
- Collecting judgments
- Exemptions to collection
- Contempt
- Civil vs. criminal contempt
- Appealability
- Provisional judgments
- Adjudication without trial
- When does this occur
- Summary judgment
- Default judgment
- Dismissal without prejudice
- Dismissal with prejudice
- By court
- By party
- Settlement
- Trial techniques
- Multi-Party and Multi-Claim Jurisdiction
- Joinder
- A Review of Joinder Concepts (CIV11)
- Joinder of Claims and Parties (CIV18)
- Joinder of claims (FRCP 18, 13(a), (b) and 14)
- Historically
- Today’s practice
- Distinguished from joinder of parties
- Federal court concerns
- Subject matter jurisdiction
- Personal jurisdiction
- Venue
- Joinder of parties
- Real party in interest
- Common law
- Equity
- Today’s practice
- Arguments for and against
- Assignments
- Subrogation
- Failure to join real party in interest
- Burden of proving
- Capacity to sue or be sued
- Distinguished from real party in interest
- Burden of proving
- FRCP 17
- Joinder problems in federal courts
- Controlling law
- Jurisdiction
- Venue
- Proper party to joinder
- Common law
- Equity
- Today’s practice
- Tests used by courts:
- Same transaction or occurrence
- Common question of law or fact
- Same transaction or occurrence
- FRCP 20
- Common rule used by states
- Joinder is compelled for some parties
- When will a court compel joinder
- Only way to get relief
- Party has an interest in the subject matter
- FRCP 20 Compulsory joinder
- Competing interests
- Permissive vs. necessary parties
- Compulsory joinder test
- Impair non-party’s interest
- Threat of multiple liability
- Joinder feasibility
- Procedure
- Joinder of different parties
- Joinder of non-party as defendant
- Joinder of involuntary plaintiff
- When will a court compel joinder
- Indispensable party
- Past view
- Today’s practice
- FRCP 19
- Determining indispensability
- Possibility of prejudice to either party
- Shaping relief
- Possibility for adequate relief
- Effect on plaintiff of dismissal
- Defect in joinder
- Real party in interest
- Consolidation of claims
- FRCP 42(a)
- Appealability of order denying consolidation
- Severance of claims
- When permitted
- 28 USC sec. 1406
- Appealability of order denying severance
- Separate trials
- FRCP 42(a)
- Jury trials
- Trials for liability vs. damages
- Appealability of order denying separate trials
- Class actions
- Class Action Basics (CIV43)
- Class actions
- Defined
- Historically
- FRCP 23
- Requirements
- Identifiable class
- Class rep must be a member of the class
- Class size
- Common questions of law and fact must exist
- Claims or defenses of the class rep is typical of the class members
- Does the class rep protect interest of all class members
- FRCP 23(b)
- Class action must be maintainable
- Notice to absent class members
- Class action judgment
- FRCP 23(d)
- Federal concerns
- Subject matter jurisdiction
- Personal jurisdiction
- Venue
- State court concerns
- Intervention
- Joinder of Claims and Parties (CIV18)
- Intervention
- Defined
- Requirements
- Interest
- Impairment
- Adequacy of representation
- Permissive intervention
- Timeliness of a motion to intervene
- Procedural aspects
- Federal court concerns
- Subject matter jurisdiction
- Personal jurisdiction
- Venue
- Motion to intervene - appealability of the order
- Interpleader
- An Interpleader Primer (CIV21)
- Interpleader actions
- Defined
- Historically
- Today’s practice
- FRCPP 22
- 28 USC secs.1335, 1297, 2361
- Who can interplead
- Requirements for interpleader remedy
- Prerequisites
- Determination of rights
- Federal court concerns
- Jurisdiction
- Subject matter
- Personal
- Amount in controversy
- Choice of law
- Jurisdiction
- Third party practice
- Joinder of Claims and Parties (CIV18)
- Third party practice
- Historically
- When are third party claims permitted
- Procedural aspects
- Rights of the third-party defendant
- Plaintiff’s rights against the third party defendant
- Federal court concerns
- Jurisdiction
- Personal
- Subject matter
- Venue
- Jurisdiction
- Cross-claims
- Joinder of Claims and Parties (CIV18)
- Cross-Claims
- Defined
- Requirements
- Asserted against a co-party
- Seek affirmative relief
- A claim must already have been asserted against them
- Same transaction or occurrence
- Impact on statutes of limitations
- Federal court concerns
- Jurisdiction
- Venue
- State court practice
- Joinder
- Counterclaim
- Joinder of Claims and Parties (CIV18)
- Counterclaim
- Historically
- Opposing party concept
- Permissive vs. compulsory counterclaims
- Result of a failure to assert a compulsory counterclaim
- Procedural aspects
- Joinder
- Joinder
- Appellate Review
- 28 USC sec. 1291
- Finality vs. interlocutory rulings
- Finality
- Defined
- Exceptions to the rule
- Timeliness
- Appealability
- Organization of the appellate system
- State
- Federal
- Former Adjudication
- Preclusion (CIV17)
- Defined
- Underlying policy
- Impact of former adjudication
- Benefits and burdens
- Claim preclusion (a.k.a. res judicata)
- Claim Preclusion (CIV40)
- Underlying policy
- Requirements
- Cause of action
- Final
- On the merits
- Same parties involved
- Principles
- Unascertainable damages
- Merger or bar
- Relation to counterclaim, cross-claim, or third party claim
- Exceptions to application of the doctrine
- Issue preclusion (a.k.a. collateral estoppel)
- Issue Preclusion (CIV34)
- Underlying policy
- Compared to res judicata
- Requirements
- Same issue
- Actually litigated
- Necessarily determined
- Exceptions to the application of the doctrine
- Mutuality of the doctrine
- Issue Preclusion (CIV34)
- Full Faith and Credit
- When does it come into play
- Constitutional basis
- State to federal preclusion
- Federal to state preclusion