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This document was purchased from justremembar.com website with a one-time user license and is non-transferrable. No part of this document may be reproduced in any form or by any means. Resale or distribution is strictly prohibited and will be prosecuted by law.Copyright © 2020 Remembar LLC. All Rights Reserved.Copyright © 2020 Remembar LLC. All Rights Reserved.No part of this document may be reproduced in any form or by any means without express consent of Remembar LLC.No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or utilized by any information storage or retrieval system, without written permission from the Remembar LLC.Remembar LLC serves customers worldwide with RememBarTM products. RememBarTM and related products are intellectual property of Remembar LLC.This document is intended for educational and informational purposes only. Nothing in this document is to be considered as the rendering of legal advice, and readers are responsible for obtaining such advice from their own counsel.No warranties of any kind are made with respect to this document. All readers recognize and acknowledge that this document is provided on «as is with all faults» basis. Remembar LLC expressly excludes and disclaims all express and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose.© 2020 RememBar TM by Remembar LLC

3| Civil ProcedureCopyright © 2020 Remembar LLC. All Rights Reserved.This document was purchased from justremembar.com website with a one-time user license and is non-transferrable. No part of this document may be reproduced in any form or by any means. Resale or distribution is strictly prohibited and will be prosecuted by law.Copyright © 2020 Remembar LLC. All Rights Reserved.Abbreviation list I. Jurisdiction and venue 1.1 Federal question jurisdiction 1.2 Diversity jurisdiction 1.3 Supplemental jurisdiction 1.4 Removal 1.5 ERIE DOCTRINE (Erie v Tompkins) 2. Personal Jurisdiction 2.1 .Service of Process 3. VENUEII. PLEADINGS. INJUNCTIVE RELIEF. SANCTIONS 4. Pleadings 5. Dismissals. 2 dismissals rule 6. Default Judgment 7. JOINDER 456789101112131415161718192021222324252627III. DISCOVERY MOTIONS 8. Discovery 9. Pretrial and Post-trial motions 10. Res judicata (claim preclusion) 11. Collateral estoppel 12. Jury trialIV. APPEALS 13. Appeals and Review 14. Stay of Proceedings to Enforce a Judgment CONTENTS

4| Civil ProcedureThis document was purchased from justremembar.com website with a one-time user license and is non-transferrable. No part of this document may be reproduced in any form or by any means. Resale or distribution is strictly prohibited and will be prosecuted by law.Copyright © 2020 Remembar LLC. All Rights Reserved.Copyright © 2020 Remembar LLC. All Rights Reserved.AIC - amount in controversy Corps - corporationsCt - CourtJx - jurisdictionFed - federalFRCP - Federal Rules of Civil ProcedureP - PlaintiffP’s - Plaintiff’sPs - PlaintiffsRule 55 - reference to the Federal Rules of Civil Procedure SJ - supplemental jurisdictionSmj - subject matter jurisdictionT/a - transactionT/o - transaction/occurrenceTPP - third party plaintiffTPD - third party defendantABBREVIATION LIST

5| Civil ProcedureCopyright © 2020 Remembar LLC. All Rights Reserved.This document was purchased from justremembar.com website with a one-time user license and is non-transferrable. No part of this document may be reproduced in any form or by any means. Resale or distribution is strictly prohibited and will be prosecuted by law.Copyright © 2020 Remembar LLC. All Rights Reserved.I.JURISDICTION AND VENUEFederal court must have:1. Subject matter jurisdictionFederal court must have subject matter jx to hear and decide the case.Federal court can obtain the subject matter jx under Diversity jx, Federal quesiton jx, Supplemental and Removal jx.1. Subject matter jurisdictionover the particular type of cases to be heard.2. Personal jurisdictionover the Defendant.3. Proper Venue

6| Civil ProcedureThis document was purchased from justremembar.com website with a one-time user license and is non-transferrable. No part of this document may be reproduced in any form or by any means. Resale or distribution is strictly prohibited and will be prosecuted by law.Copyright © 2020 Remembar LLC. All Rights Reserved.Copyright © 2020 Remembar LLC. All Rights Reserved.Fed. court has smj under fed question jx if the well-pleaded complaint alleges a claim that arises under federal law.A federal question MUST be present in a face of P’s complaint, raising a defense or filling counterclaim under federal law does not trigger the federal question jx.Federal question always appears as a part of P’s cause of action:• Fed.common law• Fed.con law• Fed Satutory law• Fed. admin regulations• Postal• U.S. involved1.1. FEDERAL QUESTION JURISDICTION• Patent and copyright• Consuls• Admiralty• Bankruptcies• Treaty law

7| Civil ProcedureCopyright © 2020 Remembar LLC. All Rights Reserved.This document was purchased from justremembar.com website with a one-time user license and is non-transferrable. No part of this document may be reproduced in any form or by any means. Resale or distribution is strictly prohibited and will be prosecuted by law.Copyright © 2020 Remembar LLC. All Rights Reserved.1.2. DIVERSITY JURISDICTIONExist when there is a *complete diversity between the parties AND *amount in controversy exceeds $75000• Complete diversity: Exists when every citizenship on P’s side differs from every citizenship on D’s side• Citizenship of individual - place of domicile where individual intends to remain indefinitely• Dual citizenship for Corps - place of incorporation and place of business ! State of citizenship of the shareholders, employees, revenue is irrelevant• Unincorporated associatinos, partnership - citizenship od each and every member• Class action - citizenship of named members• Amount in controversy exceeds $75000• P. can aggregate claims against the D to satisfy the AIC• P - against several D’s if they are jointly liable• Different Ps can aggregate claims under supplemental jx (generally each claim mus separately satisfy the AIC requirement)• Claim for injuctive relief may be valued by the benefit to the P or the cost of compliance to the D. ! Fed courts do not have diversity jx for probate actions and domestics relations (divorce, child support, custody)NOT INCLUDED TO the calculation of AIC:-collateral consequences of the judgement -inderest and costs (except attorney fees or interest as a part of a claim)