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28 USC 1331
Federal Question
US District court shall have original jurisdiction of all civil
actions arising under the constitution, laws, or treaties of
the US
TERM 2
28 USC 1332
DEFINITION 2 (a) District courts shall have original jurisdiction over all civil actions where the disagreement is of $75,000 or more. And if the case is between citizens of different states, citizens of a state and a citizen of a foreign country, citizens of different states where foreign citizens are additional parties, and a foreign country as plaintiff against the citizens of a state or different states(b) if the plaintiff is found to be entitles to less than $75,000, the district court may deny costs to the plaintiff and may impose costs on the plaintiff. TERM 3
1332 (c)
DEFINITION 3 A corporation shall be deemed a citizen of the state or the foreign country in which it was incorporated or the state or foreign country where they have their principal place of business. Unless we are dealing with an insurance claim, whether the insurance company is incorporated or unincorporated, the shall be deemed a citizen of : (A) Every state & foreign state of which the insured is a citizen (B) Every state and foreign state by which the insurer has been incorporated; and (C) the state or foreign state where the insurer has its principal place of business TERM 4
28 USC 1359
DEFINITION 4
PARTIES COLLUSIVELY JOINED OR MADE
A district court shall not havejurisdiction of a civil action in
which any party has been improperly or collusively made
or joined to invoke the jurisdiction of such court
TERM 5
28 USC 1367
DEFINITION 5 SUPPLEMENTAL JURISDICTION(a) Except as provided in (b) and (c), in any civil aciton of which the district courts have original jurisdiction the district courts shall have supplemental jurisdiction over all other claims that are so related that they arise out of a common nucleus of operative fact. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.
1367 (b)
(b) in any civil action which the district courts have original jurisdiction solely on section 1332 , the district courts shall NOT have supplementaljurisdiction under subsection (a) over claims by plaintiff against persons made parties under rule 14,19,20,or 24,or over claims by persons proposed to be joined as plaintiffs under rule 19, or seeking to intervene as plaintiffs under rule 23, when exercising supplemental jurisdiction would be inconsistent with 1332's jurisdictional requirements TERM 7
1367 (c)
DEFINITION 7 (c) the courts may decline to exercise supplementaljurisdiction under subsection (a) if: the claim arises a novel or complex issue of state law the claim substantially predominates over the claim or claims over which the district court has original jurisdiction The district court has dismissed all claims over which it has original jurisdiction; or in exceptional circumstances, there are other compelling reasons for declining jurisdiction TERM 8
1391 (a)
DEFINITION 8
Venue generally. (a) Applicability of section(1) this section
shall govern the venue of all civil actions brought in district
courts of the United States
TERM 9
1391 (b)
DEFINITION 9 (b) Venue in general. A civil action may be brought in:(1) a judicial district in which any defendant resides (domicile), if all defendants are residents of the state in which the district is located;(2) A judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or(3) If there is no district in which an action may otherwise be brought as provided in this section (if 1&2 don't work), any judicial district in which any defendant is subject to the courts personal jurisdiction with respect to such action. TERM 10
1391 (c)
DEFINITION 10 (c) Residency for all venue purposes (1) a natural person, including an alien lawfully admitted for permanent residence in the US, shall be deemed to reside in the judicial district in which that person is domiciled (2) an entity w the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any district which defendant is subject to courts PJ w respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business; and
1446 (b)(3)
Procedure for removal of civil actions(b)(3) Except as provided in subsection (c), if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant of an amended pleading (or other paper) from which it may first be ascertained that the case is one which has become removable TERM 17
1446 (c) (1)
DEFINITION 17
(c) Requirements; Removal based on diversity of citizenship
(1)A case cant be removed under (b)(3) on the basis of
1332 jurisdiction more than 1 year after commencement
of the action, unless the court finds that the plaintiff acted
in bad faith to prevent removal
TERM 18
1446 (c)(2)
DEFINITION 18
- if removal of a civil action is sought on 1332, the sum demanded in good faith in the initial pleading is the amount in controversy, except that- (A) notice of removal may assert the amount in controversy if the initial pleading seeks (i) non-monetary relief; or (ii) a money judgment, but the state practice either does not permit demand for a specific sum or permits recovery of damages in excess of the amount demanded; and (B) removal is proper under amount of controversy TERM 19
1446 (c)(3)
DEFINITION 19 (A) if the case stated by the initial pleading is not removable solely bc of the amount in controversy (less than 75k), information relating to the amount in controversy shall be treated as "other paper" under b(3)(B) If notice of removal is filed more than 1 year after commencement of action, and district court finds out plaintiff failed to disclose action amount in controversy to prevent removal then it shall be deemed bad faith and removal is permitted TERM 20
DEFINITION 20 Procedure after removal generally(c) A motion to remand the case of the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after filing the notice of removal. If anytime court knows it lacks subject matter jurisdiction, the case shall be remanded.(e) if after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to state court.
28 USC 1652
State laws as rules of decision
The laws of the several states, except where the
constitution or treaties of the US or acts of congress
otherwise require or provide, shall be regarded as rules of
decision in civil actions in the courts of the United states,
in cases where they apply
TERM 22
RULE 4
DEFINITION 22 Summons (a) (1) Contents. A summons must:(A) Name the court and the parties; (B) be directed to the defendant; (C) State the name and address of the p's attorney or plaintiff; (D) State the time within which the defendant must appear & defend;(E) Notify the defendant that a failure to appear will result in a default judgment against the defendant for the relief demanded in the complaint; (F) be signed by the clerk; and (G) bear the court's seal. (2) Amendments. The court pay permit a summons to be amended. TERM 23
RULE 4 (c)
DEFINITION 23 (c) Service.(1) In general. A summons must be served with a copy of the complaint.(2) By whom. Any person who is at least 18 yrs old and not a party may serve a complaint.(3) By marshal or someone specially appointed. At the plaintiff's request, the court may order that service be made by a united stated marshall or deputy marshal or one specially appointed by the court. TERM 24
RULE 4(d)
DEFINITION 24 (d) Waiving service (1) Requesting a waiver. an individual, corp, or association that is subject to service under rule 4e,f,or h has a duty to avoid unnecessary expenses of serving. And may notify defendant of action and request that the defendant waive service. The notice must: (A) be in writing and be addressed: (i) to the individual defendant; or (ii) for a defendant subject to service under rule 4h, to an officer, a managing or general agent, or any other agent authorized by law to receive service of process TERM 25
RULE 4(d) (1)(B-G)
DEFINITION 25 The notice and request (waiving service) must:(B) name the court where the complaint was filed; (C) be accompanied by a copy of the complaint, 2 copies of the waiver form and prepaid means of returning form; (D) inform the defendant of the consequences of waiving and not waiving service; (E) State date when the request is sent; (F) give the defendant a reasonable time of at least 60 days after the request was sent- or at least 90 days if sent outside the US to return the waiver; and (G) be sent by first class mail or other reliable means
RULE 4 (h)
(h)Serving a corp, partnership, or association. Unless federal law provides otherwise, the above must be served: (1) in a judicial district of the United states: (A) in the manner prescribed by Rule 4(e)(1) for serving an individual or; (B) delivering a copy of summons & complaint to an officer authorized to receive service and by mailing a copy of each to defendant; or(2) at a place not within a US district in any manner prescribed by rule 4(f) except personal deliver under f2ci TERM 32
RULE 4 (k)(1)(a)
DEFINITION 32 (k)Territorial limits of effective service.(1) In general. Serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant: (A) who is subject to the jurisdiction of a court of general jurisdiction(continuous&systematic) in the state where the district court is located Fed court has to do the same thing state court would do TERM 33
RULE
8(a)
DEFINITION 33 General rules of pleading (a) Claim for relief- a pleading stating a claim for relief must contain:(1) a short and plain statement of the grounds for the court's jurisdiction (SMJ), unless a court already has jurisdiction and the claim needs no new additional support;(2) a short and plain statement of the claim showing the pleader is entitled to relief; and(3) a demand for the relief sought, which may include relief in the alternative or different types of relief TERM 34
RULE 8(b)(1)(2)(3)
DEFINITION 34 (b) Defenses; Admissions and Denials. (1) In general. In responding to a pleading, a party must: (A) state in short and plain terms its defenses to each claim asserted against it; and (B) admit or deny the allegations asserted against it by an opposing party (2) Denials- A denial must fairly respond to the substance of the allegation(3) General & Specific Denials. Party can deny all allegations by general denial. Can deny specific allegations TERM 35
RULE 8(b)(4)(5)
DEFINITION 35 (4) Denying part of an allegation. A party that intends to deny only part of an allegation must admit the part that is true and deny the rest. (5) Lacking knowledge or information. A party that lacks knowledge/info sufficient to form a belief about the truth must so state and that statement has the effect of a denial. (6) Effect of failing to deny. An allegation is admitted if a responsive pleading is required and the allegation is not denied. If responsive pleading is required, allegation is considered denied or avoided.
RULE 8 (c)(1)(2)
(c) Affirmative defenses. (1) In general. in responding to a pleading, a party must affirmatively state any avoidance or affirmative defense including: accord and satisfaction; arbitration and award; assumption of risk; contributory negligence; duress; estoppel; failure of consideration; fraud; illegality; injury by fellow servant; laches; license; payment; release; res judicata; statute of frauds; statute of limitations; and waiver (2) Mistaken designation. if a party mistakenly designates the defense as a counterclaim, court must treat it as if it were not mistaken(vicevrs) TERM 37
RULE 12(a)(1)(A)
DEFINITION 37 Pleadings, Defenses and objections:when and how presented; motion for judgment on pleadings(a) Time to serve a responsive pleading(1) Unless another time is specified the time for serving a responsive pleading is as followed (i) within 21 days after being served with summons/complaint; (ii) if it has timely waived service under rule 4d, within 60 days after the request for a waiver was sent, or within 90 days if it was sent to a defendant outside any judicial district of the US TERM 38
Rule 12(a)(1)(B)
DEFINITION 38
(B) A party must serve an answer to a counterclaim or
crossclaim within 21 days after being served with the
pleading that states the counterclaim or cross claim(C) a
party must serve a reply to an answer within 21 days after
being served with an odrer to reply, unless the order
specifies a different time
TERM 39
RULE 12(b)(1,2,3,4,5,6)*
DEFINITION 39 (b) How to present defenses. All defenses to a claim may be asserted during a responsive pleading, But a party may assert the following defenses by motion: (must be filed before pleadings) Lack of subject matter jurisdiction Lack of personal jurisdiction Improper venue Insufficient process (complaint and summons) Insufficient service of process failure to state a claim upon which relief can be granted failure to join a party under rule 19 TERM 40
RULE 12(c), (g)(1)(2)
DEFINITION 40 (c) Motion for judgment on the pleadings. after the pleadings are closed-but early enough not to delay trial- a party may move for judgment on the pleadings.(g) Joining motions. (1)Right to join. A motion under this rule may be joined with any other motion allowed by this rule. (2)Limitation on further motions.except as provided in 12h, a party that makes a motion under this rule may not making another motion raising a defense or objection that was available to the party but omitted in the first motion.
RULE 14(a)(2)(C)(D)
(2)Third-party defendant's claims and defenses must assert: (C) May assert against the plaintiff any defense that third-party plaintiff has to the plaintiff's claim; and (D) may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the the third party plaintiff TERM 47
RULE 14(a)(3),(5)
DEFINITION 47 (3)Plaintiff's claim against a third party defendant.Plaintiff may assert against 3pd any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third party plaintiff. 3pd must assert defenses under rule 12, or 13(a)(b)(g)(5) Third-party defendant's claim against a nonparty. A third party defendant may proceed against a nonparty who is or may be liable to the third party defendant for all or party of any claim against it. TERM 48
RULE 14(b)
DEFINITION 48
(b) when plaintiff may bring in a third party. When a
claim is asserted against a plaintiff, the plaintiff may bring in
a third party if this rule would allow the defendant to do so.
TERM 49
RULE 15(a)
DEFINITION 49 Amended and Supplemental pleadings. (a) Amendments b trial(1) Amending as a matter of course. A party may amend its pleading once as a matter of course within:(A) 21 days of serving it, or(B) if the pleading is one to which a responsive pleading is required, 21 days after service of the responsive pleading or 21 days after service of a motion under rule 12b,e,or f, which ever is earlier.(2) Other amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. Court should give leave when justice requires TERM 50
RULE 15(c)(1)
DEFINITION 50 (c) Relation back of amendments(1) When an amendment relates back. an amendment to a pleading relates back to the date of the original pleading when: (A) the law providing statute of limitations allows relation back (B) Amendment asserts a claim or defense that arose out of the conduct/transaction in the original pleading; or (C)the amendment changes the party or the naming of the party, party shall be brought in by amendment if the party: (i)received notice of the action and wont be prejudiced (ii)knew or should've known the action would have been brought against it, but for a mistake concerning partys identity.
RULE 15 (c)(2)
(c) relation back amendments(2) Notice to the United States.
When the US, US officer, or a US agency is added as a
defendant by amendment, the notice requirements of 15(c)
(1)(C)(i) and (ii) are are satisfied if during the stated period,
process was delivered or mailed to the US attorney or the the
AG, or the officer or agency
TERM 52
RULE 18(a)
DEFINITION 52
Joinder of claims (a) In general.
A party asserting a claim, counterclaim, crossclaim, or
third party claim may join, as an independent or
alternative claims, as many claims as it has against an
opposing party.
TERM 53
RULE 19(a) (1)
DEFINITION 53 Required (compulsory) Joinder of parties (a) Persons required to be joined if Feasible (1) Required party. A person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction must be joined if:(A) in that persons absence, the court cannot accord complete relief;(B) that person claims an interest relating to the subject of action and is so situated that disposing of the action may:(i) impair or impede the persons ability to protect the interest; or(ii) leave an existing party subject to risk of incurring double, multiple, or inconsistent obligations bc of the interest. TERM 54
RULE 19(a)(2)(3)
DEFINITION 54 (2) Joinder by court order. If a person has not been joined as required, the court must order that person be made a party. A person who refuses to join as a plaintiff may be made either a defendant or, in a proper case, an involuntary plaintiff. (3) Venue. If a joined party objects to venue and the joinder would make venue improper, the court must dismiss that party. TERM 55
RULE 20
DEFINITION 55 Permissive joinder of parties. (a) Persons who may join/ be joined(1) Plaintiffs. Persons may join in action as plaintiffs if:(A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transactions; and(B) any question of law/fact common to all plaintiffs will arise in action(2) Defendants. Persons may be joined as defendants if:(A)any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transactions; and(B) any question of law or fact common to all defendants will arise in the action.
RULE 42
Consolidation; Separate trials. (b) Separate trials. For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one more separate issues, claims, crossclaims, counterclaims, or 3rd party claims. When ordering a separate trial, the court must preserve any federal right to a jury trial. TERM 62
RULE 50(a)
DEFINITION 62 Judgment asmatter of law; motion for new trial; conditional ruling (a) Judgment as matter of law. (1) In general. If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may: (A) Resolve the issue against the party; and (B) Grant a motion for judgment as a matter of law against the party on a claim or defense that, under controlling law, can be maintained or defeated only with a favorable finding on that issue TERM 63
RULE 50 (b)
DEFINITION 63 (b) Renewing the motion after trial ; alternative motion for a new trial. IF the court doesn't grant a motion for judgment as a matter of law 50athe court is considered to have submitted the action to the jury subject to the court's later deciding the legal questions raised by the motion. The movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial. In ruling on the renewed motion, the court may:(1) allow judgment on the verdict, if the jury returned a verdict;(2) order a new trial; or(3) direct the entry of judgment as a matter of law TERM 64
RULE 55 (a)(b)(1)
DEFINITION 64 Default judgment. (a) entering a default. when a party against whom a judgment for affirmative relief is sought has failed to plead or defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.(b) entering a default judgment (1) By the clerk. If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation the clerk-on the plaintiffs request, must enter judgment for that amount TERM 65
RULE 55 (b)(2)
DEFINITION 65 (b) entering a default judgment (2) By the court. the party must apply to court for a default judgment. Can only be entered against a minor/incompetent person's guardian.If a party whos default judgment is sought has appeared personally, that party must be served w written notice of the application at least 7 days before the hearing. The court may conduct hearings when to enter judgment it needs to: (A) conduct an accounting; (B) Determine the amount for damages (C) Establish the truth of any allegation by evidence; or (D) Investigate any other matter
RULE 55(c)
(c) Setting aside a default or a default judgment. The
court may set aside an entry of default for good cause, and it
may set aside a final default judgment under rule 60b
TERM 67
RULE 56
DEFINITION 67 Summary Judgment. (a) Motion for summary judgment/partial SJ. A party may move for summary judgment, identifying each claim/defense or the part of each claim/defense on which summary judgment is sought. The court shall grant SJ if the movant shows that there is NO GENUINE DISPUTE AS TO ANY MATERIAL FACT and the movant is entitled to a judgment as a matter of law.(b) Time to file a motion. until 30 days after the close of all discovery. TERM 68
RULE 85
DEFINITION 68
TITLEThese rules are called FRCP
