CT Civil Procedure

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Author:
apgiering
ID:
159322
Filename:
CT Civil Procedure
Updated:
2012-06-20 11:00:35
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CT Bar
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CT Bar
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  1. Subject matter jurisdiction
    Court of general jurisdiction, can hear any sort of case
  2. Constitutional due process
    • General jurisdiction - means you can sue on any claim regardless of whether the claim involves Connecticut
    • Specific jurisdiction -- Defendant is a non-resident who performed some act in CT AND claim is based on his activity in CT
  3. General jurisdiction (constitutional due process)
    You can sue on any claim regardless of whether the claim involves Connecticut.
  4. Specific jurisdiction (constitutional due process)
    • Defendant is a non-resident who performed some act in CT
    • Claim is based on his activity in CT
  5. Personal jurisdiction over individuals and partnerships
    • Presence - you serve them with process while in CT
    • Domicile - leads to general personal jurisdiction
  6. Long-arm jurisdiction
    • Plaintiff's cause of action arises out of nonresident's Connecticut activity, such as:
    • Transaction of business in CT
    • Tortuous act in CT
    • Tortuous act outside the state causing injury within CT, AND defendant regularly does or solicits business, or derives substantial revenue from goods used or consumed or services rendered in CT; OR defendant expects or reasonably should expect tortuous act to have consequences in CT and derives substantial revenue from interstate or international commerce
    • Ownership, use, or possession of real property in CT
  7. Personal jurisdiction over corporations
    • Incorporated in Connecticut
    • Foreign corporation licensed to do business in Connecticut
    • Foreign corporation transacting business in Connecticut without authorization (subject to suit on any cause of action arising out of such business)
  8. Can a plaintiff have personal jurisdiction over a foreign corporation transacting business in Connecticut without authorization?
    Yes, such corporations are subject to suit on any cause of action arising out of such unauthorized business in Connecticut.
  9. Can parties consent to personal jurisdiction?
    Yes, through contract forum selection clauses.
  10. Forum Non Conveniens
    Discretionary ground for dismissal.  Defendant agrees court has jurisdiction but that the case would be better adjudicated elsewhere.

    • 1) Evidence
    • 2) Witnesses
    • 3) Events occured
  11. What does proper service include?
    • Writ of summons
    • Complaint
  12. What must a writ of summons contain for proper service of process (and therefore proper notice)?
    • Signature by attorney for plaintiff as "commissioner of Superior Court," or by judge or clerk of court
    • Identification of parties
    • Specification of court
    • Direction to officer for service
    • Return date
  13. How do you determine the return date?
    • Just a made-up date that other things are measured against
    • Service of process must be made at least 12 days before return date
    • Process must be filed with court at least 6 days before return date
    • Defendant must file appearance no later than 2 days after return date
  14. When must service of process be made?
    At least 12 days before return date.
  15. When is the return date?
    At least 12 days after service of process.
  16. When must process be filed with the court?
    At least 6 days before the return date.
  17. When must the defendant file an appearance?
    No later than 2 days after return date.
  18. What are the constitutional due process limitations on the method of serving process?
    Method must be reasonably calculated to give defendant fair notice of pendency of action so as to provide opportunity to be heard.
  19. What is sufficient service of process to an individual?
    • In-person delivery, or
    • Someone at his usual place of abode
  20. What is sufficient service of process to a partnership?
    In-hand delivery to any member of the partnership.
  21. How do you serve process out-of-state?
    Use Connecticut method and out-of-state process server.
  22. What is the "Secretary of State" option for service of process to an individual or partnership subject to long-arm jurisdiction?
    • Deliver one to CT Secretary of State
    • Mail second copy to defendant by registered or certified mail at defendant's out-of-state residence
  23. What is sufficient service of process to a corporation?
    • In-hand delivery to officer, director, managing agent, or person in charge of office at principal place of business
    • CT corporation or foreign corporation authorized to transact business in CT -- can serve Secretary of State (optional)
    • Unauthorized foreign corporation over whom long-arm jurisdiction is available -- send by registered or certified mail, return receipt requested, to corporation's principal office
  24. Venue
    • Plaintiff or defendant reside in CT -- any judicial district in which either resides
    • All parties out of CT -- district where transaction or injury occured
    • Actions involving land -- district where land is located
    • Transfer of venue -- court will transfer to proper district either on motion or unilaterally
  25. How do you determine venue when the plaintiff or the defendant residet in Connecticut?
    Any judicial district in which either resides.
  26. How do you determine venue where all parties reside outside of Connecticut?
    District where the transaction or injury occured.
  27. How do you determine venue in actions involving land?
    District where the land is located.
  28. How does the court transfer venue?
    Court will transfer to proper district either on motion or unilaterally.
  29. What is generally required of pleadings?
    • Signed by attorneys representing party
    • Proper service
    • Proper filing
  30. What is the proper order of pleadings?
    • Plaintiff's Complaint
    • Defendant's Motion to Dismiss
    • Defendant's Request to Revise the Complaint
    • Defendant's Motion to Strike the Complaint
    • Defendant's Answer to the Complaint
    • Plaintiff's Request to Revise the Defendant's Answer
    • Plaintiff's Motion to Strike the Defendant's Answer
    • Plaintiff's Reply to the Defendant's Answer
  31. What is required of the plaintiff's complaint?
    Must allege all relevant facts and all necessary elements of the cause of action.
  32. Defendant's motion to dismiss
    • Lack of subject matter jurisdiction - a loser
    • No personal jurisdiction
    • Insufficient process - writ of summons was wrong
    • Improper service of process
    • Improper venue - instead of dismisisng will be transferred to venue that is appropriate
  33. Can a defendant move to dismiss a case for improper venue?
    Yes, but instead of dismissing, the case will be transferred to a venue that is appropriate.
  34. Can a defendant request for the plaintiff to revise the complaint?
    Yes, to clarify the allegations of the complaint or to delete scandalous or unnecessarily prejudicial allegations.
  35. On what grounds can a defendant move to strike the complaint?
    • Legal insufficiency (failure to state a cause of action)
    • Failure to join a necessary party
  36. What can a defendant include in its answer to the complaint?
    • Denials (joinder of issue)
    • Speical defenses -- defense that depends on facts not alleged by the plaintiff
    • Counterclaims against the plaintiff (needs service of process)
    • Cross-claims against co-defendants (needs service of process)
  37. What is required in the plaintiff's reply to the defendant's answer?
    • As to special defenses: must file Reply denying allegations of special defense
    • Must file "Answer to Counterclaim"
    • NOTE: Failure to file either is considered an admission
  38. What is the consequence of failure to follow chronological sequence of pleadings?
    Failure to follow chronological sequence of pleadings constitutes waiver of right to file any pleading that was omitted in an earlier part of the response.
  39. When must the defendant's first response be filed?
    Within 30 days from the defendant's appearance.

    Thereafter, each pleading is to be filed within 15 days from the prior filing unless a judicial ruling is necessary with respect to the prior filing.
  40. When must a pleading be filed?
    After the defendant's first response (which is due within 30 days from the defendant's appearance), each pleading is to be filed within 15 days from the prior filing unless a judicial ruling is necessary with respect to the prior filing.
  41. What results from failure to plead?
    Nonsuit or default.
  42. Can there be multiple plaintiffs?
    If the claim arises from the same transaction and occurrence and there is a common issue of law or fact.
  43. Can there be multiple defendants?
    If the defendants share an adverse interest toward plaintiff.
  44. Nonjoinder
    Person who shouldn't be a party hasn't been joined.
  45. Impleader
    Substance - Defendant may implead, as a third-party defendant, any person who may be liable in whole or in part to defendant for damages defendant may have to pay plaintiff.

    • Procedure:
    • 1) Motion by defendant
    • 2) Exercuse of discretion by the court
    • 3) Plaintiff may, within 20 days, assert a direct claim against the third-party defendant provided the claim airses out of the same transaction asserted by plaintiff in the main action
  46. Who can the defendant implead as a third-party defendant?
    Any person wh omay be liable in whole or in part to the defendant for damages the defendant may hve to pay the plaintiff.
  47. What is the procedure for impleader?
    • Motion by defendant
    • Exercise of discretion by the court
    • Plaintiff may, within 20 days, assert a direct claim against the third-party defendant provided the claim airses out of the same trnasaction asserted by the plaintiff in the main action
  48. What is the scope of discovery?
    Any non-privileged information relevant to case and which might reasonably lead to evidence.
  49. What discovery is available for testifying experts?
    • Other party may demand identity of experts intended to be called at trial as well as the substance of their opinions
    • Then depositions may be taken of the experts
    • Regardless of the presence of an interrogatory, each party, a reasonable time before trial, must disclose information about expert witnesses who will testify at trial
  50. When must a party disclose information about expert witnesses who will testify at trial?
    A reasonable time before trial, regardless of the presence of an interrogatory.
  51. What discovery is avaiabile for nontestifying experts?
    No disclosure is required of a mere consulting expert except upon showing of extraordinary circumstances.
  52. What discovery devices can a party serve on the opposing party (but NOT on witnesses)?
    • Interrogatories
    • Request for production of documents or things
    • Request for physical or mental examination
    • Request for admissions
  53. Can you serve interrogatories, requests for production, requests for physical or mental examination, or request for admissions on witnesses?
    No, these are discovery devices that you can only serve on the opposing party.
  54. What notice is required to depose a party?
    Serve notice on all parties to action.
  55. What notice is required to depose a non-party?
    Serve subpoena on non-party and give notice to all parties to action.
  56. Can you demand production of documents by subpoena?
    Yes, subpoena ducas tecum.
  57. Subpoena ducas tecum
    Used to demand production of documents.
  58. When can you use depositions (in lieu of live testimony) for substantive uses?
    • Deponent is adverse party
    • Adverse party's officer, director, or managing agent or an employee who was designed by party to testify at deposition
    • Depondent is unavailable because of death, illness, out of state or otherwise unobtainable by subpoena
    • Depondent is located more than 30 miles from courthouse
    • Deponent is a health care provider
    • And you can ALWAYS use for contradiction and impeachment
  59. What can you use deposition testimony for?
    • Substantive purposes (in lieu of live testimony under certain circumstances)
    • Contradiction
    • Impeachment

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