NCA Civil Procedure cheat sheet

Subject-matter jurisdiction: federal courts hear cases arising under federal law (28 U.S.C. §1331) or between diverse parties with more than $75,000 in controversy (§1332); state courts are courts of general jurisdiction.

Personal jurisdiction requires a statutory basis plus due process: minimum contacts, purposeful availment, relatedness, fairness; general jurisdiction exists only where the defendant is at home (incorporated, principal place of business, or continuous systematic operations).

Venue under 28 U.S.C. §1391 lies where any defendant resides if all reside in the same state, where a substantial part of events or property is located, or, if no other district qualifies, where any defendant is subject to personal jurisdiction.

Pleadings under Rule 8 require a short and plain statement of the claim showing entitlement to relief; fraud and mistake must be pleaded with particularity under Rule 9(b); a Rule 12(b)(6) motion tests legal sufficiency, not evidence.

Rule 12 waivers: a motion to dismiss for lack of personal jurisdiction, improper venue, insufficient process, or insufficient service must be raised in the first Rule 12 response or it is waived; subject-matter jurisdiction may be raised at any time.

Discovery scope under Rule 26(b)(1) is any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case; work product under Rule 26(b)(3) is discoverable only on substantial need and undue hardship.

Summary judgment under Rule 56 is granted when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law; the nonmovant's evidence is viewed in the light most favorable to that party.

Preclusion: claim preclusion bars a second suit on the same claim by the same parties or privies after a final judgment on the merits; issue preclusion bars relitigation of an issue actually litigated and necessarily decided.

Erie doctrine: federal courts sitting in diversity apply state substantive law and federal procedural law under the Rules of Decision Act and Rules Enabling Act; outcome-determinative state rules generally govern when no federal rule or statute controls.

Removal under 28 U.S.C. §1441: a defendant may remove a case over which federal courts have original jurisdiction; diversity cases cannot be removed if any properly joined defendant is a citizen of the forum state; removal is waived if not filed within 30 days of service.

Class actions under Rule 23 require numerosity, commonality, typicality, and adequacy, plus one of the three Rule 23(b) categories; certification is reviewed for abuse of discretion, and Rule 23(f) permits interlocutory appeal.

Joinder: Rule 18 permits all claims against an opposing party; Rule 20 permits permissive joinder of parties with a common transaction or occurrence; Rule 19 governs mandatory joinder of necessary parties and dismissal when joinder is infeasible and the party is indispensable.

Rule 24 intervention: intervention as of right requires an interest relating to the subject of the action that disposition may impair, absent adequate representation; permissive intervention is discretionary.

A motion for judgment as a matter of law under Rule 50 may be made after the nonmovant has been fully heard on an issue; renewal after an adverse jury verdict is a prerequisite to a new trial motion or appeal on sufficiency grounds.

Appellate review: final judgments are appealable under 28 U.S.C. §1291; interlocutory orders are generally not appealable absent Rule 54(b) certification, §1292(b) permission, or a statutory exception such as injunctions under §1292(a).

Service under Rule 4: individuals may be served personally, by leaving at the dwelling with a suitable person, or by delivery to an authorized agent; a corporation is served through an officer, managing agent, or registered agent.

Default judgment under Rule 55: the clerk enters default when the defendant fails to plead or defend; judgment by the clerk is available only for a sum certain, and otherwise the court requires a hearing or affidavit on damages.

Amended pleadings under Rule 15: a party may amend once as a matter of course within 21 days after service of a Rule 12(b) motion or responsive pleading; otherwise leave is freely given when justice so requires, and relation back under Rule 15(c) depends on notice and lack of prejudice.