Civil Procedure
Jurisdiction, Forum, and the Case Timeline
Civil Procedure rewards a fixed sequence. First ask whether the court has subject-matter jurisdiction: federal-question jurisdiction, or diversity with complete diversity and the amount in controversy. Supplemental jurisdiction may attach to state claims that share a common nucleus of operative fact, but it cannot override diversity limits in certain cases. Then ask personal jurisdiction: purposeful contacts with the forum, relatedness of the claim to those contacts, and fair play. General jurisdiction generally requires the defendant to be at home; specific jurisdiction requires the claim to arise from or relate to forum contacts.
Venue asks where the case may be filed; forum non conveniens is discretionary. Removal is available to defendants, generally within 30 days, and a defendant may not remove on diversity if it is a citizen of the forum state. Pleadings must give notice and satisfy plausibility; amendments relate back when the claim or party shares a sufficient connection. Discovery is broad but limited to relevant, nonprivileged, proportional material; work product receives qualified protection. Summary judgment requires no genuine dispute of material fact. Preclusion requires a final judgment on the merits and identity of parties or privies.
Traps and Rule of Thumb
A common trap is waiver: lack of personal jurisdiction, venue, and insufficient process are waived if not raised in the first response, while lack of subject-matter jurisdiction is never waived. Another is Erie: substantive state law applies, but federal procedural rules govern when valid. Rule of thumb: ask SMJ, then PJ, then venue, then the first responsive pleading.