Civil Procedure Cheat Sheet
Subject Matter Jurisdiction
Federal
Question
federal issue must be
presented in the plaintiff’s well-
plead complaint; federal
defense is not sufficient
Diversity
Jurisd‐
iction
Must be complete diversity
between the parties, amount in
controversy exceeds $75,000
(can aggregate if jointly liable)
Citize‐
nship of
Parties
Individuals—domiciled where
they are present with intent to
remain indefinitely; Corporati‐
ons—domiciled where incorp‐
orated AND where the principal
place of business is located
Supple‐
mental
Jurisd‐
iction
Court may exercise supple‐
mental jurisdiction 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 predominate the
lawsuit; The federal law claims
are dismissed; or tere are any
other compelling reasons to
decline jurisdiction.
Subject Matter Jurisdiction (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 Jurisdiction
Tradit‐
ional
Basis
service while voluntarily present;
domicile; consent
Long-
Arm
Statute
Due process and fairness
Due
process
Minimum contacts (purposeful
availment and relatedness);
Fairness
Specific
Jurisd‐
iction
action arises out of the defend‐
ant’s conduct
General
Jurisd‐
iction
defendant is essentially “at
home” in jurisdiction
Fairness Interest of the forum state in
adjudicating the matter; Burden
on the defendant of appearing in
the case; Interest of the judicial
system in efficient resolution;
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 substantial 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 appropriate,
interest of justice
Erie Doctrine
Federal
Question
Jurisdiction
Federal substantive and
procedural law will control.
Diversity
Jurisdiction
Court applies state substa‐
ntive law and federal
procedural law
Substance
v.
Procedure
substantive- damages, SOL,
evidentiary privileges
Pre-Trial Injunctions
Temporary
Restra‐
ining
Order
Party seeks to maintain the
status quo prior to a hearing
for a preliminary injunction.
Must show immediate and
irreparable injury and effort
was made to give notice to
opposing side. Last 2-14 days
