Civil Procedure Flashcards
Injunction Appeals
Injunctions are appealable as a matter of right.
Issue Preclusion
Precludes re-litigation issues of fact or law that were determined by a another earlier case.
Offensive Collateral Estoppel
Collateral Estoppel is also issue preclusion
Offensive use by a non-party against a party in the earlier suit is ok!
Mandatory Disclosure
Must give Insurance policy even if not asked for.
Appeal Time Limit
30 days
Service in Federal Court when Different FRCP
Under the federal rules, service may be made by following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made.
Removal
A defendant who wants to remove a state court action to federal district court must file a notice of removal with the district court within 30 days after receipt of service on that defendant of the initial pleading or summons
Consent to Removal
In general, all defendants who have been properly joined and served are required to consent to the removal.
Removal Notice
The party seeking removal must include notice in the grounds for removal and attatched served documents.
Diversity Citizenship Corporation
A corporation’s citizenship is both the state of its incorporation and the state of it’s principal place of business (where the corporation’s managers run the business and its
operations, typically the headquarters).
Removal Limitation
However, if removal of a state case is sought solely based on diversity jurisdiction, then the claim may be removed only if no defendant is a citizen of the state in which the action was filed.
Plausibility Requirements for a Complaint
Rule 8(a), a complaint must include:
(i) a short and plain statement of the grounds that establish Court SMJ,
(ii) a short and plain statement of the claim establishing entitlement to relief, and
(iii) a demand for judgment for the relief sought by the pleader. The complaint must only give the defendant fair notice of the plaintiff’s claim and the grounds upon which it rests.
Venue GA
In Georgia, venue generally must be in the county where the defendant resides when the case is filed.
Venue Locations
1) Where the substantial part of the events leading to the suit occured
2) Where a substantial part of the property that is subject to action is located through In-rem jursidiction
3) Where all defendants reside, if they all reside in the same jurisdiction or where personal jurisdiction exists.
Corporation Residency
Georgia law dictates that a business resides in the location of its registered office or its principal office.
SOL
2 years
Service of Process in GA
Service must be made within 5 days of filing the complaint.
Corporation Pleading Requirement
Georgia requires every pleading to be signed by an attorney of record and include her name and address. If there is no attorney, then the party must sign and include his name and address instead.
Corporation Attorney Requirement
Georgia, a corporation must be represented by an attorney, who must sign all pleadings submitted to the court. An officer of a Georgia corporation may not represent the corporation unless the officer is also an attorney.
GA Answer
An answer is a responsive pleading following a complaint. In Georgia, an answer must be filed within 30 days of receiving the complaint.
Failing to Respond to Answer
A defendant will automatically be in default if an answer is not filed within 30 days. However, in Georgia within 15 days of a default judgment being entered, a defendant can move to open the default judgment by filing defenses with costs.
Long Arm GA Statue
The long-arm statute will apply if
(i) an individual has transacted business in Georgia, including committing a tortious act outside of the state that caused injuries within the state,
(ii) if the suit in question arises from the individual’s
contacts with Georgia, and
(iii) if the exercise of personal jurisdiction comports with due process such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.
Personal Jursidiction
A Georgia court has a valid basis to do so if (1) the defendant is voluntarily present in Georgia, (2) the defendant is domiciled in Georgia, (3) the defendant consents to the Georgia court’s personal jurisdiction, or (4) the Georgia long-arm statute applies. The location in which a person is likely to be considered “at home.”
