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IA Bar: Civil Procedure

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Civil Procedure

Civil Procedure on the IA Bar asks you to apply the Federal Rules of Civil Procedure to a dispute from filing through preclusion. Expect personal and subject-matter jurisdiction, venue, pleading sufficiency, joinder, discovery scope, summary judgment, and the preclusive effect of judgments.

Jurisdiction and venue

A court needs both personal jurisdiction and subject-matter jurisdiction. General jurisdiction exists only where the defendant is “at home” - its place of incorporation or principal place of business for a corporation, or domicile for an individual. Specific jurisdiction requires purposeful availment, a claim arising out of or relating to the defendant’s contacts, and fairness. Diversity jurisdiction under 28 U.S.C. § 1332 requires complete diversity and more than $75,000 in controversy. Venue under § 1391 lies where any defendant resides if all reside in the same state, where a substantial part of the events occurred, or where a defendant is subject to personal jurisdiction if no other district is proper.

Pleadings and dispositive motions

A complaint must give a short and plain statement showing entitlement to relief; under Rule 12(b)(6), dismiss if no plausible claim. Rule 56 summary judgment requires no genuine dispute of material fact and entitlement to judgment as a matter of law; the nonmovant gets reasonable inferences.

Worked example

An in-state buyer sues a Minnesota manufacturer in federal court in Iowa for breach of contract after a defective shipment. The manufacturer’s only Iowa contact is a website selling nationwide. Specific jurisdiction likely fails if the claim does not arise from Iowa-directed sales; a passive website alone is not purposeful availment. If the buyer instead sues for a tort committed at an Iowa trade show, the contact relates to the claim.

Traps

Do not confuse venue with jurisdiction. Do not assume “minimum contacts” equals “arising from.” Check § 1367 supplemental jurisdiction and removal deadlines. For preclusion, require a final judgment on the merits and the same claim or issue.