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Civil Procedure Cheat Sheet, Cheat Sheet of Civil procedure

how to prepare and proceed the civil procedure legal case in court of law

Typology: Cheat Sheet

2020/2021

Uploaded on 04/27/2021

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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
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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, (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

Pre-Trial Injunctions (cont)

Prelim‐ inary Injunction

Requires notice to the opposing party and a hearing. Must show Likely to succeed on the merits; Likely to suffer irreparable harm in absence of injunction; Balancing the equities favors granting; and Injunction is in the best interests of the public

Pleadings

Rule 4 Service of Process

Corporations—service 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 opportunity; 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 transaction or occurrence

Pleadings (cont) Adding a new Defendant

permitted if: claim arose out of same conduct, transaction, or occurrence; 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 challenged, 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 indispensable (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 inconsistent 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 provisions; 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 transaction or occurrence as the plaintiff’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.