Civil Procedure

Question 1

When must an affirmative defense of lack of personal jurisdiction or insufficient service of process be raised?

Answer 1

–In the initial answer or first responsive pleading.

Question 2

When can a motion asserting a lack of subject matter jurisdiction be raised?

Answer 2

At any time throughout the judicial process.

Question 3

What are the four categories of federal subject matter jurisdiction?

Answer 3

(1) Federal question – the claim must arise under federal law or state law that raises a substantial federal question;

(2) Diversity – there must be complete diversity (no plaintiff can be from the same state as any defendant), and the amount in controversy must exceed $75,000;

(3) Supplemental – the tacking on of a state claim in federal court if the state claim arises from a common nucleus of operative fact with the federal claims; and

(4) Statutory – certain statutes designate specific federal courts as the court of original jurisdiction.

Question 4

Under the federal rules, service may be completed in four ways, what are they?

Answer 4

(mnemonic = “SAID”):
(1) State Law—follow the state law methods where the federal court is located or where service is made;

(2) Agent—deliver a copy of each to an agent appointed (by defendant or law);

(3) Individual—deliver a copy of the summons and complaint to the individual personally; or

(4) Dwelling—leave a copy of the summons and complaint at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there.

Question 5

Diversity jurisdiction

Answer 5

Requires that each plaintiff be diverse from every defendant and that the amount in controversy be greater than $75,000.

Question 6

Federal question jurisdiction

Answer 6

Requires the claim to arise under federal law

Question 7

Supplemental jurisdiction

Answer 7

Requires another claim with subject matter jurisdiction that the claim in question could tie to.

Question 8

Statutory option (jurisdiction)

Answer 8

Refers to various federal statutes that give the federal courts jurisdiction over certain types of cases.

Question 9

In order for a case to be removable to federal court, the plaintiff(s) must

Answer 9

Have been able to originally file the case in federal court.
This means that the federal court must have subject matter jurisdiction over the claim.

Question 10

Subject matter jurisdiction comes in four forms, what are they?

Answer 10

Diversity, federal question, supplemental, and statutory.

Question 11

Who can file a notice of removal and what is the time frame?

Answer 11

Defendant must file a notice of removal within 30 days