Civil Procedure

Question 1

Circuit Court Jurisdiction

Answer 1

General jx and have SMJ over all civil actions unless exclusive jurisdiction elsewhere

Question 2

Appellate Court

Answer 2

Jurisdiction only over final orders of appeal
EXCEPT: Injunctions, PFO, interlocutory order, certified Q
Must file NOA w/in 30 in the lower court

Question 3

Supreme Court

Answer 3

Exclusive over (1) Governor's vacancy and (2) legislative redistricting 
Must review order declaring statute unconstitutional

Question 4

Personal Jurisdiction

Answer 4

(1) IL law must itself grant PJ (consent, presence or LAS) and
(2) Must be constitutional

Question 5

Three Bases for PJ

Answer 5

(1) Consent - express or implied
(2) Presence (ADD) - Actual physical presence while served; Domicile (true home and intends to return), or Doing business (regular, systematic, continuous)
(3) LAS - LIMIT - specific connection between the act and lawsuit: Land, Injury, Matrimony, Insurance K, Transaction of Business

Question 6

Constitutionality of Jurisdiction

Answer 6

In addition to either consent, presence or LAS…
D engaged in MINIMUM CONTACTS that would not “offense traditional notions of fairplay and subs. justice”
D must have purposefully availed itself of benefits of IL or targeted consumers

Question 7

Service of Process

Answer 7

(1) Sheriff or any non-party over 18 serves summons w/in 30 days of issuance
(2) Reasonably calculated to notify of litigation
Publication only allowed if real property and affidavit, mail copy to address and publish for 3 weeks straight

Question 8

Methods of Service of Individuals (PAW)

Answer 8

Personal Service - hand delivery to D
Abode Service - leave process at D’s abode and leave w/ someone at least 13 yrs old and mail copy
Waiver - P mails complaint to D w/ request to waive

Question 9

Methods of Service on Entities

Answer 9

Corps and P-ship - personal service on or mail request to waive any authorized or qualified agent
P-ship - if you serve 1 Partner/D personally, can mail to all others if they have IL connection

Question 10

Venue

Answer 10

Proper in a county where either D resides (domiciled) or any part of COA arose

Question 11

Venue Exceptions (GRAIL)

Answer 11

Gov’t Units - only sued where principal office located
Real Property - only where land is located
Absent D’s - if no D’s resident in IL, any county
IL Ins. Comp D - P’s residence okay
Lible - country where any D resides and where libel article composed

Question 12

Motion to Change Venue

Answer 12

Moving party must file affidavit swearing that it fears bias by those inhabitants and 2 supporting affidavits of inhabitants of the county and filed before issue on merits

Question 13

Forum Non Conveniens

Answer 13

Court Discretion if gross inconvenience to parties or witness

Question 14

Pleadings

Answer 14

Complaint - IL is liberal fact pleading; must attach instrument if COA based on it; must attach affidavit for Med Mal; must demand trial by jury
Answers - fairly and precisely admit or deny; affirmative defenses must appear on the answer or else waived

Question 15

Amendments to Pleadings

Answer 15

Liberally granted on just and reasonable terms
Relation Back of CLAIMS - derives from same transaction or occurrence as earlier timely filed claim
Relation Back of Parties - If claim of new party involve same tx or occurrence and new party must have acquired knowledge but for a mistake in name it would have been sued

Question 16

Joinder

Answer 16

Liberal and permissive
Claims - as many claims against adversary regardless of sameness
Parties - claims involving same tx or occurrence or same series

Question 17

Im-plead-er

Answer 17

3rd Party - D may implead new claim if 3rd party may be liable (indemnity or contribution)

Question 18

Interpleader

Answer 18

Holder of a common fund may file lawsuit as a P and interplead all D’s as rival claimants to common fund

Question 19

Intervention

Answer 19

As of right - non-party if interest will be adversely affected by suit and not protected by parties
Permissive - discretion of the court if commonality of issues

Question 20

Class Actions (NAACP)

Answer 20

Judge must grant class cert, order notice to apprise all class members and approve of settlement
Numerosity
Adequacy - named party and council must fairly and adequately rep class interest
Appropriateness
Commonality
Predominance - common issues predominate individual issues

Question 21

Discovery

Answer 21

Must be proper and material sought must be w/in scope of discovery
Auto - $50k or less must disclose bases of claims, witnesses, relevant docs, damages, insurance cov
Deps - can be used on non-party
Rogs
Request to Admit - admitted unless denied under oath w/in 28 days
ONGOING DUTY TO SUPPLEMENT DISCOVERY

Question 22

Scope of Discovery

Answer 22

Relevant and not privileged

Question 23

Motion for Directed Verdict

Answer 23

After adversary rests, filed and granted if evidence OVERWHELMINGLY favors the moving party

Question 24

Motion to JNOV (judgment as matter of law)

Answer 24

After VERDICT, filed if evidence OVERWHELMINGLY favors moving party

Question 25

Motion for New Trial

Answer 25

(1) Errors at trial affecting parties substantial trial rights (2) Verdict was merely against manifest weight of evidence

Question 26

Motion to Vacate a DJ

Answer 26

Judgment against a D who failed to respond to complaint must file w/in30 days of judgment

Question 27

Relief from a Judgment

Answer 27

Extraordinary remedy for a judgment tainted by fraud or perjury Must show MEND: Merit, Equity, New Facts, Due Diligence

Question 28

Finality

Answer 28

Res Judicata - CLAIM fully and fairly litigated to a final judgment on the merits cannot be relitigated Collateral Estoppel - ISSUE fully and fairly litigated