Civil Procedure — Bar One-Sheet (Elements & Mnemonics)

CIVIL PROCEDURE — BAR ONE-SHEET (ELEMENTS & MNEMONICS)

Lean issue-spotting checklist — elements and mnemonics only. Pair with the full Civil Procedure Master Outline for depth, then drill questions at MBEMax.

KEY PRINCIPLE #1 — PERSONAL JURISDICTION

Two-step: (1) statute/long-arm authorizes + (2) constitutional Due Process.

• Traditional bases: domicile · presence + service (tag) · consent · waiver.
• MINIMUM CONTACTS (International Shoe): purposeful availment + foreseeability + relatedness → then fair play & substantial justice (burden on D, forum interest, P interest, efficiency, shared policy).
• General PJ = "at home" (domicile / PPB / incorporation; Daimler).
• Specific PJ = claim arises from forum contacts; stream of commerce split.
• In rem / quasi in rem still need minimum contacts (Shaffer).

KEY PRINCIPLE #2 — SUBJECT-MATTER JURISDICTION

FEDERAL QUESTION: well-pleaded complaint — federal law on face of P's claim.

DIVERSITY (§1332):

• Complete diversity (no P shares citizenship with any D) at filing.
• Citizenship: individual = domicile; corporation = PPB (nerve center) + state(s) of incorporation; unincorporated assoc = all members; legal rep = represented.
• Amount in controversy > $75,000 (aggregate single P vs single D; can't aggregate separate Ps unless common/undivided).

SUPPLEMENTAL (§1367): common nucleus of operative fact. Limit in diversity cases: no claims by Ps that destroy complete diversity.

REMOVAL: D only, within 30 days; all Ds join; no removal if any D citizen of forum state (diversity); within 1 year for diversity.

KEY PRINCIPLE #3 — VENUE & ERIE

VENUE (§1391): where any D resides (if all same state) OR where substantial part of events/property. Fallback: any D subject to PJ. Transfer: §1404 (convenience, proper venue) vs §1406 (improper venue) vs forum non conveniens.

ERIE DOCTRINE: federal court in diversity applies state substantive law + federal procedural law.

• Valid federal statute/FRCP on point → apply it (REA constitutional).
• No federal directive → outcome-determinative + twin aims (forum shopping/inequity) + balance of interests.
• Substantive (state): elements, SoL, conflict-of-law, standard of care; tolling.

KEY PRINCIPLE #4 — PLEADINGS & RULE 11

• Complaint (Rule 8): SMJ grounds + short plain statement (plausibility — Twombly/Iqbal) + demand for relief.
• Rule 9(b): fraud/mistake with particularity.
• Answer (21 days; 60 if waived service): admit/deny + affirmative defenses (else waived).
• RULE 12 DEFENSES: 12(b)(1) SMJ (never waived) · 12(b)(2) PJ · (3) venue · (4) process · (5) service · 12(b)(6) failure to state · (7) failure to join. Waivable (2)-(5) if omitted from first response.
• Amendments (Rule 15): once as matter of course (21 days); relation back (same conduct; new party + mistake + notice within 90 days).
• RULE 11: reasonable inquiry; safe harbor 21 days.

KEY PRINCIPLE #5 — JOINDER & CLASS ACTIONS

• Counterclaims: compulsory (same transaction — assert or lose) vs permissive.
• Crossclaims: same transaction (permissive).
• Permissive party joinder (Rule 20): same transaction + common Q.
• Compulsory/necessary (Rule 19): complete relief / impair interest / multiple liability → join if feasible; if not, indispensable → dismiss.
• Impleader (Rule 14): third-party derivative liability (indemnity/contribution).
• Intervention (Rule 24): of right (interest impaired, not represented) vs permissive.
• Interpleader: rule vs statutory (minimal diversity, $500).
• CLASS (Rule 23): prerequisites mnemonic "NCTA": Numerosity · Commonality · Typicality · Adequacy. Then 23(b): (1) prejudice · (2) injunctive · (3) damages (predominance + superiority + opt-out notice).

KEY PRINCIPLE #6 — DISCOVERY

• Scope: nonprivileged + relevant to claim/defense + proportional.
• Devices: initial disclosures · interrogatories (25) · depositions (10) · RFP · RFA · physical/mental exam (good cause + order).
• WORK PRODUCT: trial prep material protected (need + undue hardship); opinion work product near-absolute.
• Privilege log; clawback; sanctions (Rule 37).

KEY PRINCIPLE #7 — RESOLUTION & PRECLUSION

• SUMMARY JUDGMENT (Rule 56): no genuine dispute of material fact + entitled as matter of law; view favorable to non-movant.
• JMOL (Rule 50): no legally sufficient evidentiary basis (a = during trial; b = renewed post-verdict — must move first).
• New trial (Rule 59) · Rule 60 relief.
• CLAIM PRECLUSION (res judicata): same claimant/D + valid final judgment on merits + same claim (transaction).
• ISSUE PRECLUSION (collateral estoppel): same issue + actually litigated + determined + essential + (mutuality eroding — offensive/defensive nonmutual).

KEY PRINCIPLE #8 — SERVICE, TRIAL & APPEALS

• SERVICE (Rule 4): personal · abode (dwelling, suitable age + discretion) · agent · or state/federal method. Waiver of service (incentivized). Within 90 days.
• JURY: 7th Amend right in actions at law (not equity); demand within 14 days; mixed → legal issues first. Unanimous 6+ jurors.

• ADDITIONAL HIGH-YIELD POINTS

  Diversity — legal-rep & alienage twists. Decedent's estate, minor, or incompetent takes the citizenship of the represented party, not the rep. Permanent-resident aliens are treated as citizens of their state of domicile; a suit between two aliens (no U.S. citizen on either side) defeats diversity.

  Amount in controversy — aggregation rules. One plaintiff may aggregate all claims against one defendant (related or not). Multiple plaintiffs or multiple defendants cannot aggregate separate claims unless enforcing a single common/undivided interest. Counterclaims and interest/costs are generally excluded.

  Supplemental jurisdiction — discretionary decline. Court may decline §1367(c) supplemental jurisdiction where the state claim raises a novel/complex issue, substantially predominates, all federal claims are dismissed, or other compelling reasons. Tolls the state SoL while pending plus 30 days after dismissal.

  Removal mechanics. File in federal court for the district embracing the state action; do not seek state-court permission. Remand for any defect within 30 days; remand for lack of SMJ anytime. Forum-defendant rule bars diversity removal; no such bar for federal-question cases.

  Erie — Hanna twist. A valid Federal Rule on point controls over conflicting state law if it is arguably procedural and within the Rules Enabling Act (no abridgment of substantive rights). Only when no federal directive applies do you reach outcome-determinative analysis weighed against the twin aims (forum-shopping and inequitable administration).

  Transfer — which law travels. §1404(a) transfer for convenience to a proper venue: the transferee court applies the transferor's choice-of-law rules (Van Dusen). §1406 transfer from an improper venue: the transferee court applies its own law.

  Notice & the Mullane standard. Due process requires notice reasonably calculated under the circumstances to apprise interested parties (Mullane). Service by publication is generally inadequate where the party's address is known or reasonably ascertainable.

  Default & default judgment. Clerk may enter default judgment only if the claim is for a sum certain, defendant defaulted, and is not a minor/incompetent. Otherwise the court enters it (and may hold a hearing on damages). Set aside for good cause (default) or under Rule 60(b) (default judgment).

  Voluntary & involuntary dismissal. Plaintiff may dismiss once without prejudice before the answer/SJ motion; a second voluntary dismissal of the same claim operates with prejudice (two-dismissal rule). Involuntary dismissal (Rule 41(b)) is on the merits unless for jurisdiction, venue, or failure to join.

  Provisional remedies — TRO vs. preliminary injunction. Mnemonic "LIB-P": Likelihood of success · Irreparable harm · Balance of hardships · Public interest. TRO may issue ex parte for up to 14 days (one extension) with security; preliminary injunction requires notice and a hearing.

  Discovery — expert & e-discovery limits. Testifying experts' reports and depositions are discoverable; consulting (non-testifying) experts are protected absent exceptional circumstances. Draft expert reports and most attorney-expert communications are work product. ESI need not be produced if not reasonably accessible due to undue burden/cost (good-cause override).

  Jury — instructions, verdicts, and Batson. Object to instructions before the jury retires to preserve error. Verdict forms: general, special, or general-with-interrogatories. Peremptory strikes may not be exercised on the basis of race or gender (Batson/J.E.B.).

  Appeals — final-judgment rule & exceptions. Generally only final judgments are appealable (28 days for new-trial/JMOL motions tolls the 30-day appeal clock). Exceptions: certified interlocutory appeals (§1292(b)), injunction orders (§1292(a)(1)), collateral-order doctrine, Rule 54(b) entry, and class-certification (Rule 23(f)).

  Standards of review. Questions of law reviewed de novo; findings of fact reviewed for clear error; discretionary rulings (e.g., evidentiary, discovery) reviewed for abuse of discretion. Harmless-error doctrine prevents reversal absent prejudice.

  Preclusion — who is bound. Claim and issue preclusion bind only parties and those in privity; a stranger to the prior judgment is generally not bound (due process). Nonmutual offensive collateral estoppel is allowed only where it is fair and the defendant had a full and fair opportunity to litigate.

  ★ ONE-LINE ATTACK ORDER

  PJ (minimum contacts) → SMJ (diversity / federal question + supplemental) → venue/removal → Erie → service & notice → pleadings (Twombly/Iqbal) → joinder & class → discovery → summary judgment → trial/JMOL → appeal → preclusion.