Mastering civil procedure

Hricik, David

Publication Details Click to collapse Cite/Export

  • Creator David Charles Hricik
  • Format Books
  • Publication 2nd ed. Durham, N.C. : Carolina Academic Press, ©2011.
  • Series
  • Physical Details
    • lix, 611 pages : illustrations ; 23 cm
  • ISBNs 1594609888, 9781594609886
  • OCLC ocn725298340

Summary

  • Previous edition, 1st, published in 2008.

Notes

  • Includes index.

Contents

  • Courts decide claims -- The preview of Part A of this book -- The foundations of subject matter jurisdiction -- Federal question and diversity subject matter jurisdiction -- The foundations of personal jurisdiction -- Personal jurisdiction : long-arm statutes, minimum contacts, and fair play -- In rem and quasi in rem jurisdiction -- The foundations of venue -- Proper and improper venue -- Removal : what if plaintiff filed in state court a claim over which a federal court would have subject matter jurisdiction? -- The preview of Part B of this book -- The plaintiff's pre suit investigation required by Rule 11 -- Pleadings the complaint -- Preview of the four steps to analyze joinder of claims and parties -- Joinder step one : authority in a rule for joining the party or the claim -- Authority to join claims -- Authority to join parties -- Multiple parties and joinder -- Interpleader : a non-party creates a suit between two others -- Intervention : the only way for someone to force himself into a lawsuit -- Joinder step two : original or supplemental subject matter jurisdiction must exist -- Joinder step three : personal or pendent personal jurisdiction must exist over each claim -- Joinder step four : venue or pendent venue must exist over most, but not all, claims -- A recap and flow chart of the four steps for adding claims or parties -- Notifying the defendant of the filing of suit through service or waiver of service of process -- Preview of the defendant's options in response to receiving a federal court complaint -- The defendant's initial set of options -- An introduction to motions -- When and why must a defendant file an answer or Rule 12 motion? -- Rule 12(b)(1) challenges to subject matter jurisdiction -- Rule 12(b)(2) challenges to personal jurisdiction -- Rule 12(b)(3) challenges to improper venue -- Rule 12(b)(4) and (5) challenges to process -- Rule 12(b)(6) challenges to statement of a claim by plaintiff and under Rule 12(c) for judgment on the pleadings -- Rule 12(b)(7) and indispensable parties under Rule 19 -- Rule 12's one-motion-consolidation requirement -- The defendant's answer -- Rule 11's reach and special procedures -- Transfer from a proper venue to a more convenient, proper venue -- Special venue issues -- Amending pleadings -- Lawyer responsibility for and judicial involvement in case management -- The first steps after pleadings close : conferences and required initial disclosures -- Adjudication or resolution of claims before discovery -- The foundations of choice of law in federal court -- Choice of law : Erie and beyond -- Discovery -- Scope of discovery : relevancy and other boundaries -- Forms of discovery -- Expert witnesses : disclosure, discovery, and protection -- Adjudication of discovery disputes -- Summary judgment : adjudication of claims prior to trial but after discovery -- The final set of required disclosures : the pretrial order -- Adjudication of claims by trial -- After verdict : in the district court -- Obtaining relief after prevailing on a claim -- Limited availability of appeals : the final judgment rule and its exceptions -- A brief word on appeals -- Attacking a judgment in district court under Rule 60(b) -- After appeals : claim and issue preclusion -- A brief introduction to mass and class actions
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