Complaint Filing
Requirements of a Complaint
Initiates the formal process of litigation. Must state grounds for SMJ, Short and Plain Statement alleging why P is entitled to Relief, and a Demand for Relief.
Impleader
A D brings a party (3rd party D) whom they believe will be liable for contribution or indemnification in the event the D is held liable to the P. They may do so if they file within 10 days of serving answer; a 3 party complaint and serve the complaint on 3 party defendant.
Compulsory Counterclaims
Offensive claims filed by D against P which arise out of the same transaction or occurrence as P's original claim, must be filed in Answer or deemed waived.
Court needs to have SMJ/or Supplemental.
Erie Doctrine
When Federal Court will apply state or Federal law. In Diversity action, the Federal Court will apply state substantive law and Federal procedural law.
When transferred, court will apply law of transferor court.
Service of Process
A person over 18, non party and within 90 days of filing complaint may serve on Defendant.
Person can be served by: Personal service (handing in D's hands), Abode service (handing to someone at D's usual abode, of suitable age, and who resides there), Agent (authorized to accept).
A corporation can be served by agent service.
Defendant's Response to Filing of a Complaint
Defendant may either file an Answer or MTD.
Answer: Admit/Deny/Lack of Knowledge.
MTD: Lack of SMJ/PJ/Failure to State a Claim/Improper Venue/Insufficient Service/ Failure to Join Necessary Party.
Waived- except: Lack of SMJ, Failure to State Claim/Join Necessary Party.
Intervention (2)
Intervention as a matter of right: non party may intervene existing COA as a matter of right if a federal statute gives an unconditional right for them to intervene, or they are asserting right to property or transaction OR their rights are not ad. represented by current parties.
Permissive Intervention: conditional right to intervene and they share a common question of law or fact to existing COA.
Permissive Counter Claims
Offensive claims filed by D against P that do not arise out of same transaction or occurrence as P's original claim.
Court needs to have SMJ over this claim.
SMJ
Federal Courts are courts of limited jurisdiction. In order for the Court to hear a claim before it, the federal court must have subject matter jurisdiction over the case and PJ over the parties. SMJ JDX is established in 2 situations: diversity of citizenship cases, or cases involving a federal question. Under diversity JDX, a P cannot be from the same state as a defendant, the amount in controversy must exceed $75k and the issue presented must involve a state claim. Under federal question jurisdiction, a federal court can hear a case brought by P which seeks relief arising out of a federal law.
Where is Venue Proper
Venue is proper where a substantial part of the claim arose, or where the D resides.
Amendment of Complaint Generally
May Amend 1x.
As of Right: W/in 21 days of serving complaint or 21 days of service of responsive pleading.
W/Permission: OP consents or Court permits.
Interpleader (2) (rule+statutory)
Interpleader exposes P to multiple lawsuits bc they are holder of money.
Rule: diverse parties, $75k in controversy, and reg. venue rules apply.
Statutory: 1 D diverse from other D, $500 in controversy, and venue is proper where claimant resides.
Cross Claims
Offensive claims filed by D or P against a co-party which arise out of the same transaction or occurrence as P's original claim.
Rule 11
Attorney must certify that filing is based on knowledge, information or belief upon reasonable inquiry.
1. Not filed for an improper purpose
2. Supported by Law
3. Supported by fact after reasonable inquiry or will be through discovery
4. denials are warranted based on evidence or lack of information.
Motion for Sanctions is served first, not filed, unless not corrected within 21 days of service.
Transfer of Venue
Venue can be transferred when: convenience of parties/witness and justice so requires.
Amending after claim is barred from SOL
Relation Back Doctrine: Party may amend to add a claim/party which claim is barred from SOL.
Party may add if related to same transaction or occurrence as originally filed claim.
Class Action Suits
1. Numerous such that joinder is impractical;
2. Common Q of law or fact is identical to class;
3. representative claim is typical to class;
4. Representative will adequately and fairly represent interests of class;
5. Reason to maintain is 1 of the following:
- prejudice to parties
- seeking inj. relief
- common question is predominate
Compulsory Joinder
Person is subject to service of process and adding person would not destroy SMJ, is necessary. A party si considered necessary if without the Court would not be able to:
1. accord complete relief to existing parties;
2. substantial risk that an existing party will incur double, multiple or inconsistent obligations;
3. partys interest is not adequately protected.
Supplemental JDX
A federal court can hear additional claims brought by P, D or third party if SMJ or supplemental:
An additional claim arises out of the same transaction or occurrence as original claim. There are 2 types: Pendent and Ancillary:
Pendent: original P bringing additional claim and original claim was based on federal Q.
Ancillary: brought by another party.
In short a federal court is likely to hear additional claims which arise out of the same transaction or occurrence as aboriginal claim but will never do so if the original claim was based on diversity JDX and additional claim brought by P.
Forum non conveniens
Other State Court or Court in another Country is more convenient for the witnesses/parties/ public policy/impact change on parties' rights.
Mistaken Party
120 days to correct from the filing of the Pleading and can amend if
new party knew of complaint, knew of mistake and claim against new party arises out of the same transaction or occurrence as originally filed claim.
Motion for Summary Judgment/Motion for JMOL
Motion for SJ:No genuine issue of material fact would necessitate trial. Can be filed within 30 days after close of discovery.
Motion for JMOL: Filed at close of one's case, looking in light of most favorable to non-moving party, no RP would find for non-moving.
Post Judgment- If filed once, can file after within 28 days from entry of Judgment.
Permissive Joinder
P: A person who is not necessary party may be joined if they are asserting a right to relief jointly, severally or in the alternative which arises out of the same transaction or occurrence as the P's original claim and their claim shares a common Q of fact or law as P's.
Same for D.
Bulge Rule
Necessary party can be served within 100 miles from federal court to establish PJ.
Removal
1. P could've filed in Federal court;
2. Only D can remove;
3. All D's must agree to remove;
4. If Diversity JDX, no removal is allowed where D is a citizen of same state where case was originally filed;
5. D filed notice of removal within 30 days of service of first removable pleading;
6. No permissive counterclaim was filed prior to notice, or else considered waived.