MBE.Civ.PRO

• Diversity JX is available when:
• ☛ complete diversity of citizenship, +
• ☛ aic = over 75K.
• ---P may aggregate all his claims against a single D.

---P may aggregate different claims against different D's only if they're jointly and severally liable.

Whether a D is a citizen of a home state is relevant for purposes of removal only when D is sued in his home state and tries to remove to federal court. 

there's no concern of home-state bias in state court when D is a citizen of that state. 

Unlike FL law, the Fed. Rules don't require D to raise the defense that another action is pending b/w the parties in the first responsive pleading. 

☛ erie--fed. court must usually apply state law in diversity action, BUT not if rule is procedural and fed.rules have a rule on point + rule doesn't modify/enlarge substantive rights.

☛ may be granted when necessary to prevent irreparable injury that will result before a hearing can be held. 

☛ Notice is generally required. 

• ☛ Ex Parte ONLY if:
• i) specific facts in affidavit/verified complaint showing immediate irreperable injury before opposing party can be heard, +
• ii) written certification of efforts to give notice to opponent & why it shouldn't be required, +
• iii) bond/security to cover cost to opponent in case it's wrong.

☛ party loses ability to contest liability (damages must still be determined & can still be heard on this matter);

☛ Even if Default entered, if party files response before judgment = Court must determine if good cause existed for failure to answer. 

• ☛ any appearance by party = party must be noticed of request for default judgment;
• ----first class mail + 7 days before hearing.
• ----only judge can enter default judgment at this point.

• ☛ Claim Must Arise under federal law.
• ----0-not defense;

• If SMJ over one claim ⇀ court has discretion to exercise SJ over related claims (same nucleus of operative fact), + such that a P could be expected to try them together. 

xmpl--2 ps fired for colluding + only 1 satisfies aic. (but complete diversity exists)

• ☛ related claims from same nucleus of operative fact,
• ☛ claims by D against another D is okay even if aic is not met by the cross-claim

i) any district where D resides (if all Ds reside in same district--diff from FL);

ii) where substantial actions/omission of claim; 

iii) if none of the above apply = any district where D is found + subject to pj for this claim.

• ☛ pursuant to rules of state where Court sits is ok. 
• ☛ pursuant to rules of state where service occurs is ok. 

--feds don't authorize service by certified mail/service on corp with someone other than registered agent.

☛ within 21 days of formal service; OR

☛ 60 days from date of P's mailing of service waiver request, (if D waives formal process)

☛ asserts claim arising from same T/O as original; 

☛ D received notice of action (within 120 days after service of process), +

☛ D knew or should have known but for a mistake, he would've been named.

• ☛ Ds and/or Ps, 
• ☛ some claim involving same T/O or series of t/o,
• ☛ common Q of fact/law to all parties.

• ☛ only if D (third party plaintiff)
• ☛ claims third party (to be brought in as third party D)
• ☛ owes D contribution/Indemnity for the original plaintiff's claim. (not because D believes the 3pD is the correctly liable party).

• ☛ Drafts of trial experts are work product. 
• ☛ Communications b/w atty & expert = work product.
• ----0--Except: communications relating to compensation, facts, data provided by atty to expert.

☛Motion to Compel Discovery cannot be filed until: moving party makes good faith effort to confer w/opponent to obtain discovery w/out court involvement. (he must certify this to the court)

☛ certification of attempt to confer + moving to compel may be recovered by moving party. including atty fees.

☛ failure to object to improper questions at depos = waives the objection at trial. 

• ☛ may be used against any party (present or with notice) for: 
• [] impeach testimony of deponent;
• [] any purpose if court finds deponent (dead); (over 100 miles away--unless abscense is procured by party offering the depo)
• [] sick, dead, infirm; 
• [] any purpose if deponent is adversary.

☛ as of right, only if D hasn't answered or filed motion for summary judgment. 

☛ if counter claim pending = can't dismiss if D objects, unless counterclaim remains pending.

• Generally, only final orders may be appealed, EXCEPT:
• [] Injunction order (granting, modifying, refusing...etc).

• ☑ Valid, final judgment on the merits(earlier), +
• ☑ same claimant against same defendant, +
• ☑  same claim (cause of action, includes all claims arising from same T/O).

• (1) Applies to accidents in which at least 75 people have died from a single event, +
• (2) and at least one of the following is true:
• --(a) 1 Defendant resides in a state different from where the accident happened, or
• --(b) any 2 defendants reside in different states, or
• --(c) substantial part of the accident happened in different states.

• * any one with a claim can intervene as plaintiff.
• * nationwide service of process is ok.

• Renewed Motions for Judgment as a matter of law;
• Motion to Amend Judgment;
• Motion for New Trial;
• Motions for Relief from Judgment.