Civ Pro 1 - Jurisdiction and Venue Flashcards Preview

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Flashcards in Civ Pro 1 - Jurisdiction and Venue Deck (37)
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31

How To Serve Process - FRCP 4 Natural Person

(1) Deliver process to D himself if natural person.
(2) Leave process at D's usual place of abode with a person of suitable age and discretion who resides there
(3) Serve D's registered agent
(4) Mail process to D with letter requesting waiver of service in person. If they decline they're responsible for cost of service. If they accept they get 60 days to answer complaint instead of 21.

32

How To Serve Process - FRCP 4 Corporations and Others

(1) Serve process on an officer.
(2) Serve process on a managing agent or general agent
(3) Serve process on any other agent authorized by appointment or law to receive service.

33

Venue

Is proper in:
(1) The district in which any D resides if all D's reside in the same state.
(2) The district where a substantial portion of the events occurred.
(3) If first 2 don't work, a district in which any D would be subject to personal jurisdiction.

34

Venue - Residency

(1) Natural persons are residents where they live and intend to remain.
(2) Corps and other entities are residents of any judicial district in which they are subject to personal jurisdiction.

35

Transfer of Venue

(1) Convenience - if case could have been filed there and it is necessary for the parties and witnesses in the interest of justice.
(2) Agreement - if all parties agree.
(3) Improper venue - court can dismiss or transfer to proper venue in the interest of justice

36

Forum Non Conveniens

A court can decline to exercise jrdx and dismiss an action if the court where the action was brought would be a seriously inconvenient forum and an adequate alternative forum exists in a foreign county.

37

Federal Question

Fed courts have original jrdx over all civil actions arising under the constitution, laws, and treaties of the united states.