Civil Procedure
What the exam tests
Civil Procedure on the Maine Bar (a UBE jurisdiction) focuses on the Federal Rules of Civil Procedure: subject-matter and personal jurisdiction, venue, pleading, joinder, discovery, dispositive motions, trial, and preclusion. Expect MEE questions that combine jurisdiction with procedure, and MBE-style questions on rule application.
Core rules
- Subject-matter jurisdiction. Federal question under 28 U.S.C. § 1331. Diversity under § 1332 requires complete diversity and more than $75,000 in controversy. Corporations are citizens of the state of incorporation and the state of principal place of business; LLCs take the citizenship of every member. Domicile, not residence, controls for individuals.
- Personal jurisdiction. Contacts plus fair play and substantial justice; general jurisdiction where a defendant is essentially at home; specific jurisdiction where the claim arises from or relates to purposeful contacts. Rule 12(b)(2) waives if not raised in the first response.
- Venue and removal. Venue is proper where any defendant resides if all reside in the same state, where events occurred, or where a defendant is subject to personal jurisdiction. Removal must be filed within 30 days, by defendants, and in-state defendants generally cannot remove.
- Pleading and joinder. Complaints need plausible facts, not conclusory labels (Twombly/Iqbal). Rule 19 necessary parties; Rule 20 permissive joinder; Rule 13 counterclaims; Rule 14 impleader; Rule 24 intervention.
- Discovery and summary judgment. Discovery must be relevant and proportional. Summary judgment requires no genuine dispute of material fact.
Worked example
A New Hampshire plaintiff sues a Maine corporation in federal court in Maine for $100,000. The corporation is incorporated in Maine but has its principal place of business in New Hampshire. Diversity is lacking: the corporation is a citizen of Maine and New Hampshire, and the plaintiff is a New Hampshire citizen. The $100,000 amount does not cure the complete-diversity defect.
Traps
Do not treat residence as domicile; do not forget LLC member citizenship; do not confuse 12(b)(6) with summary judgment; do not remove after the 30-day deadline; do not overlook the forum-defendant rule.