This index includes references to the Capsule Summary
and to the Exam Tips, but not to Q&A or Flow Charts.
ABUSE OF DISCOVERY
ADDITUR
AFFIRMATIVE DEFENSES
AGGREGATION OF CLAIMS
ALIENAGE JURISDICTION
ALIGNMENT OF PARTIES
ALTERNATE JURORS
ALTERNATIVE PLEADING
AMENDMENT OF PLEADINGS
Generally
Leave of court, amendment by
Motions against the complaint, amendment of complaint after successful
Relation back
Right, amendment as of
Single conduct, transaction or occurrence, relation back
AMOUNT IN CONTROVERSY
Legal certainty standard for assessing
Supplemental jurisdiction and
ANCILLARY JURISDICTION
ANSWER
Generally
Affirmative defenses
Alternative pleading
Attorney, signature of
Compulsory counterclaims
Contributory negligence
Counterclaims, See COUNTERCLAIMS
Cross-claims, See CROSS-CLAIMS
Denials
Fraud
General denial
Illegality
Information and belief, denial based on
Knowledge or information, denial of
Motion against complaint, time for answer after
Permissive counterclaims
Qualified denial
Res judicata
Specific denial
Statute of limitations
Time for answer
Voluntary dismissals
Waiver of formal service, time for answer after
APPEAL AND REVIEW
Judgment as a matter of law
New trial
Nonjury trials
Personal jurisdiction, special appearances
APPELLATE REVIEW
Generally
Clearly erroneous standard
Deference to trial court
“Final judgment” rule
“Harmless error” doctrine
Injunctions, appeals regarding
Objection, need for
Questions of law
Scope of
ASSIGNMENTS
ATTACHMENT
AUDIOTAPING DEPOSITIONS
AUTOMATIC AND MANDATORY DISCLOSURE
BENCH TRIALS, See NONJURY TRIALS
BIAS OF JUDGE
BREAK-AWAY SUITS
BURDEN OF PROOF
Generally
Collateral estoppel
Governing law
Subject matter jurisdiction
Summary judgment
CERTIFICATION OF CLASS
CERTIFIED MAIL
CHOICE-OF-LAW CLAUSE
CLAIM PRECLUSION
Generally
Accidents, splitting of claims
Change of law
Collateral estoppel, distinguished
Compulsory counterclaims
Counterclaims
Diversity cases, splitting of claims
Installment contracts, splitting of claims
Joinder of indispensable parties
Jurisdiction, lack of
Leases, splitting of claims
Legal and equitable relief, splitting of claims
Merits, adjudication on
Multi-theory actions, splitting of claims
Splitting of claims
Subject matter jurisdiction, splitting of claims
Venue, improper
CLASS ACTION FAIRNESS ACT OF 2005
CLASS ACTIONS
Generally
Amount in controversy
Appeal of denial of certification of class
Attorneys’ fees
Binding effect on absentees
Certification of class
Civil rights actions
Common questions of law or fact
Cost of notice
Defendant class
Denial of certification of class
Diversity
Due process
Fair representation
Federal question cases
Injunctions
Jurisdiction
Mail, notice by
Mass tort cases
Notice
Novelty of claim, mass tort cases
Opting out
Personal jurisdiction, corporations
Products liability, mass tort cases
Publication, notice by
Risk of inconsistent decisions
Securities actions
Settlement
Single-accident cases, mass tort cases
Size of claims, mass tort cases
Size of class
Sub-class, continuation of cases after denial of certification of class
Superiority
Typicality of claims
“CLEARLY ERRONEOUS” STANDARD
COLLATERAL ESTOPPEL
Generally
Acquittal in criminal case
Actual litigation and decision of issue
Alignment of parties, offensive use of estoppel
Alternate findings, necessity of issue to judgment
Break-away suits, offensive use of estoppel
Burden of proof, differences in
Claim preclusion, distinguished
Conclusions of law
Criminal convictions
Full and fair litigation of issue
Government as party, offensive use of estoppel
Guilty pleas, criminal convictions
Identity of issue
Incentive to litigate, offensive use of estoppel
Issue of law, offensive use of estoppel
Issues covered
Limited jurisdiction, finding by court of
Multiple plaintiff anomaly, offensive use of estoppel
Mutuality of estoppel
Necessity of issue to judgment
Offensive vs. defensive use of estoppel
Parties to whom applied
Persons who can be estopped
Persons who can benefit from estoppel
Procedural opportunities, offensive use of estoppel
Reasonably foreseeable future litigation
Settlement of action
Stranger to first action
Strangers to first action
“COLLATERAL ORDER” DOCTRINE
COLLUSIVE JOINDER
COMMON QUESTIONS OF LAW OR FACT
Class actions
Intervention
Joinder of parties
COMPLAINT
Generally
Admiralty and maritime jurisdiction
Capacity to sue or be sued
Commencement of action
Conditions percedent
Defenses against validity of complaint
Failure to state a claim, motions against the complaint
Fraud or mistake
Joinder of necessary party, lack of
Judgments or official documents
Jurisdiction, allegation of
Legal theory not required
More definite statement, motion for
Motions against the complaint
Personal jurisdiction, lack of
Process, insufficiency
Relief, demand for
Service of process, insufficiency of
Short and plain statement
Special matters and special damages
Specificity
Statement of the claim
Strike, motion to
Subject matter jurisdiction, lack of
Time and place
Venue, improper
CONFLICT OF LAWS
CONSTITUTIONAL LAW
Jury trial, right to. See JURY TRIAL, RIGHT TO
Personal jurisdiction
CONTRIBUTION
CORPORATIONS
Diversity jurisdiction
Personal jurisdiction. See PERSONAL JURISDICTION
Principal place of business of
Venue
COSTS AND EXPENSES
Class actions, notice
Diversity jurisdiction
Requests for admissions
COUNTERCLAIMS
Generally
Claim preclusion
Compulsory counterclaims
Default judgment, failure to serve reply or make motion against counterclaim
Diversity jurisdiction
Failure to state compulsory counterclaims
New parties
Permissive counterclaims
Statute of limitations
Subject matter jurisdiction
Third parties, claims by
CROSS-CLAIMS
Generally
Actual relief, request for
Permissive nature
Supplemental jurisdiction
Transaction or occurrence requirement
DAMAGES
Compensatory, defined
Punitive
Defined
Due process limits on award of
DATE. See TIME AND DATE
DEMAND FOR JURY TRIAL
DEPOSITIONS
Generally
Audiotape, method of recording
Distant non-party witnesses, written questions
Exceptional circumstances, use of discovery at trial
Expert witnesses
Illness, use of discovery at trial
Impeachment, use of discovery at trial
Non-parties
Number of depositions
Oral depositions
Recording, method of
Request for production of documents
Stenographer, method of recording
Subpoenas
Unavailability, use of discovery at trial
Use of discovery at trial
Videotape, method of recording
Written questions
DIRECTED VERDICT
DISCOVERY
Generally
Absolute qualified work-product immunity
Abuse of discovery
Adverse parties, use of depositions at trial
Annoyance, protective orders
Automatic and mandatory disclosure
Claims or defenses barred
Compelling discovery
Compensation of expert
Conclusions, absolute qualified work-product immunity
Contempt
Death, use of discovery at trial
Depositions. See DEPOSITIONS
Documents that party plans to use, automatic disclosure of
Embarrassment, protective orders
Entry of judgment, sanctions
Establishment of facts, sanctions
Exhibits, experts
Experts
Extrajudicial character of discovery
Financial sanctions
Forms of discovery, generally
Governing law, privileged material
Hardship, qualified work-product immunity
Inspection of property. See PRODUCTION OF DOCUMENTS OR INSPECTION OF PROPERTY
Insurance
Interrogatories
Legal theories, absolute qualified work-product immunity
Mandatory disclosure. See Automatic and mandatory disclosure above
Mental impressions, absolute qualified work-product immunity
Names of witnesses
Number of interrogatories
Objections, abuse of discovery
Opinions, absolute qualified work-product immunity
Oppression, protective orders
Orders and sanctions
Participant experts
Parties, discovery restricted to
Persons who may assert privilege
Physical and mental examinations. See PHYSICAL AND MENTAL EXAMINATIONS
Privilege log
Privileged material
Production of documents or inspection of property. See PRODUCTION OF DOCUMENTS OR INSPECTION OF PROPERTY
Protective orders
Qualifications of expert
Qualified work-product immunity
Reports of experts
Representatives, qualified work-product immunity
Requests for admissions. See REQUESTS FOR ADMISSIONS
Sanctions
Scope of discovery
Signature requirement
Statements by witnesses
Subpoena, witness not obtainable by, use of discovery at trial
Summary judgment
Supplementation
Undue burden or expenses, protective orders
Use of discovery at trial
Witnesses, names of
Work-product immunity
DIVERSITY JURISDICTION
Generally
Additional defendants, aggregation of claims
Aggregation of claims
Alienage jurisdiction
Amount in controversy
Assignment of claim, destruction of diversity
Bulk of activity, principal place of business of corporation
Claim preclusion, splitting of claims
Class actions
Collusive joinder
Complete diversity
Corporations
Costs, denial of
Counterclaims
Date for determination
Destruction of diversity
Domicile
Foreign citizens, suit solely between two
Governing law, federal common law
Improper joinder
Interpleader
Jury trial, right to
Legal certainty test
Multiple plaintiffs, aggregation of claims
Nominal parties ignored, pleading not dispositive
Pleading not disposition
Presence of foreigner, domicile
Principal place of business, corporations
Removal to federal court
Resident aliens, domicile
Standard of proof
Supplemental jurisdiction
Time for testing
DIVORCE
Jurisdiction in cases involving
DUE PROCESS
Punitive damages
EQUITABLE REMEDIES
Standards for granting
ERIE V. TOMPKINS
EXPENSES
See COSTS AND EXPENSES
EXPERTS
FEDERAL QUESTION JURISDICTION
Generally
Anticipation of defense
Class actions
Federal claims
Governing law, federal common law
Interpretation of federal law
Removal to federal court
Supplemental jurisdiction
FINAL JUDGMENT
Necessary for appeal
FOREIGN CORPORATIONS
FORMER ADJUDICATION
Generally
Answer
Claim preclusion. See CLAIM PRECLUSION
Collateral estoppel. See COLLATERAL ESTOPPEL
Full faith and credit. See FULL FAITH AND CREDIT
Merger and bar. See CLAIM PRECLUSION
New actions, applicability to
“Virtual representation” doctrine
FORUM NON CONVENIENS
FULL FAITH AND CREDIT
Duty to follow res judicata effect of first judgment
GENERAL JURISDICTION
GOVERNING LAW
Generally
Absence of state court decisions, ascertainment of state law
Ascertainment of state law
Balancing state and federal policies, procedure/substantive distinction
Burden of proof
Change to conform with new state court decision
Conflict of laws
Discovery, privileged material
Discrimination against citizens
Diversity cases, federal common law
Erie v. Tompkins
Federal common law
Federal question cases, federal common law
Federal rules of civil procedure
Forum shopping
Intermediate-court decisions, ascertainment of state law
Judge/jury allocation
Obsolescence of state court decisions, ascertainment of state law
Outcome determination, procedure/substantive distinction
Procedure/substantive distinction
Rules of Decision Act. See RULES OF DECISION ACT
State courts, federal common law
Statute of limitations
GUILTY PLEAS
“HARMLESS ERROR” DOCTRINE
Appellate review and
IMPEACHMENT
IMPLEADER
Generally
100-mile bulge, jurisdiction
Additional claims involving third party defendant
Alternative pleading
Breach of warranty, derivative nature of claim
Contribution, derivative nature of claim
Derivative nature of claim
Dismissal of main claim
Indemnity, derivative nature of claim
Jurisdiction
Leave of court
Partial claims
Plaintiff, impleader by
Subrogation, derivative nature of claim
Supplemental jurisdiction
Venue
IN PERSONAM JURISDICTION
Defined
IN REM JURISDICTION
Generally
Defined
Federal limited appearances
Limited appearances
Shaffer v. Heitner, effect of
Special appearances
INDISPENSABLE PARTIES
INFORMATION AND BELIEF
INJUNCTION
Appeal from order granting or denying
INJUNCTIONS, 102, 125, 189
Defined, 111
Standards for granting, 112
INSPECTION OF PROPERTY. See PRODUCTION OF DOCUMENTS OR INSPECTION OF PROPERTY
INSTRUCTIONS TO JURY
INSURANCE
INTERNET WEBSITE
Minimum contacts arising from
INTERPLEADER
Generally
Amount in controversy
Commencement of statutory interpleader
Comparison chart
Denial of debt or liability
Diversity jurisdiction
Jurisdiction, rule interpleader
Multiple liability, rule interpleader
Nationwide service of process
Restraint on other suits, statutory interpleader
Rule interpleader
Service of process
Stakeholders, statutory interpleader
Statutory interpleader
Third-party practice
INTERROGATORIES
INTERVENTION
Generally
Common question of law or fact, permissive intervention
Impaired interest, intervention of right
Inadequate representation, intervention of right
Interest in subject matter, intervention of right
Jurisdiction
Permissive intervention
Right, intervention of
Supplemental jurisdiction
INVOLUNTARY DISMISSAL
JOINDER OF CLAIMS
JOINDER OF PARTIES
Generally
Aggregation of claims, permissive joinder
Claim preclusion
Common questions of law or fact
Complaint
Compulsory joinder of parties
Defendants, permissive joinder
Impaired interest, necessary parties
Incomplete relief, necessary parties
Indispensable parties, compulsory joinder
Involuntary dismissal for failure to join indispensable party
Jurisdiction, permissive joinder
Long-arm statutes, permissive joinder
Minimum contacts, permissive joinder
Necessary parties, compulsory joinder
Permissive joinder of parties
Personal jurisdiction, permissive joinder
Plaintiffs, permissive joinder
Service of process, permissive joinder
Single transaction or occurrence
Subject matter jurisdiction, permissive joinder
Supplemental jurisdiction
JUDGMENT AS A MATTER OF LAW
JUDGMENT NOT WITHSTANDING VERDICT
JURISDICTION
Personal jurisdiction. See PERSONAL JURISDICTION
JURISDICTION OVER INDIVIDUALS
See JURISDICTION OVER THE PARTIES
JURISDICTION OVER THE PARTIES
See also PERSONAL JURISDICTION
Generally
Defined
Divorce cases
Domicile, based on
Figure 2-2: Federal Jurisdiction — First Analysis
Figure 2-3: Federal Jurisdiction — Detailed Analysis
Foreign defendant
General jurisdiction, defined
“In personam” jurisdiction
“In rem” jurisdiction
Individuals
Presence
Products liability cases
“Quasi in rem” jurisdiction
Specific jurisdiction, defined
Torts, based on
Products liability
Two requirements for
JURY AND JURY TRIAL
Generally
Alternate jurors
Bias, post-trial discovery of
Cause, dismissal of juror for
Impeachment of verdict by jurors
Instructions to jury
Jury trial, right to. See JURY TRIAL, RIGHT TO
Misconduct of jurors
New trial, misconduct of jurors
Number of jurors
Objections, instructions to jury
Peremptory challenges
Pool of jurors, representation of overall community
Selection of jury
Unanimity of verdict
Voir dire
JURY TRIAL, RIGHT TO
Generally
Constitutional law
Demand for jury trial
Equitable claims
Test for distinguishing legal vs. equitable claims
KNOWLEDGE OR INFORMATION
LEAVE OF COURT
LIMITATION OF ACTIONS. See STATUTES OF LIMITATION
LONG ARM STATUTE
See also JURISDICTION OVER THE PERSON
LONG-ARM STATUTES
Generally
MENTAL EXAMINATIONS. See PHYSICAL AND MENTAL EXAMINATIONS
MERGER AND BAR. See CLAIM PRECLUSION
MINIMUM CONTACTS
Out-of-state tortious act, in-state consequences
Products liability cases
MISCONDUCT OF JURORS
MISCONDUCT OF PARTY, WITNESS OR LAWYER
MORE DEFINITE STATEMENT, MOTION FOR
MOTIONS AGAINST THE COMPLAINT
Plausibility standard for deciding
Waiver of right to make
MULTI-PARTY AND MULTI-CLAIM LITIGATION
Generally
Class actions. See CLASS ACTIONS
Counterclaims. See COUNTERCLAIMS
Cross-claims. See CROSS-CLAIMS
Impleader. See IMPLEADER
Interpleader. See INTERPLEADER
Intervention. See INTERVENTION
Joinder of claims
Joinder of parties. See JOINDER OF PARTIES
NERVE CENTER TEST
For corporation’s citizenship
NEW TRIAL
Generally
Appellate review
Discretion of court
Evidence, erroneous admission or exclusion of
Excessive or inadequate verdict
Harmless error
Misconduct of jurors
Misconduct of party, witness or lawyer
Newly discovered evidence
Objection to error
Partial new trial
Remittitur and additur
Weight of evidence, verdict against
NONJURY TRIALS
Generally
Appellate review of findings of fact
Credibility of witnesses, appellate review of findings of fact
Demand for jury trial, absence of
Evidence, rules of
Findings of fact
Injunctions, separate findings of fact
Jugment on partial findings
Motions, separate findings of fact
Separate findings of fact
Waiver of right to jury trial
NOTICE
Class actions
Personal jurisdiction. See PERSONAL JURISDICTION
OBJECTIONS
100-MILE BULGE
OPTING OUT OF CLASS ACTIONS
ORAL DEPOSITIONS
PENDENT JURISDICTION
PEREMPTORY CHALLENGES
PERSONAL JURISDICTION
Generally
100-mile bulge, territory for service
Agents
Appeals, special appearances
Attachment, in rem jurisdiction
Attorney, immunity from service of
Automobile, driving of
Business, transaction by individuals
Certified mail, service on nonresident defendants by
Choice-of-law clause in contract, corporations
Class actions, corporations
Collateral attack
Complaint
Consent, individuals
Constitutional law, notice
Contract, signing of in forum state
Corporations
Generally
Choice-of-law clause in contract
Class actions
Contractual relationships
Domestic corporations
Federal jurisdiction over parties
Foreign corporations
Libel and slander
Minimum contacts
Notice
Purposeful availment of business within state
Reasonable anticipation of defendant
Unreasonableness
Default judgment, collateral attack on
Defenses, generally
Diversity, amenability to suit
Domestic relations
Domicile, individuals
Due process
Duress
Dwelling, substituted service at
Federal jurisdiction over parties
Generally
100-mile bulge, territory for service
Additional parties, 100-mile bulge
Agent, service upon
Amenability to suit
Corporation, service on
Diversity, amenability to suit
Federal officials and agencies, nationwide service of process
Federal question, amenability to suit
Foreign defendants
Indispensable parties, 100-mile bulge
Individual, service on
Manner of service
Nationwide service of process
Personal service
Request for waiver of service
State law, service under
Statutory interpleader, nationwide service of process
Substituted service
Territory for service
Third-party defendants, 100-mile bulge
Waiver of service
Federal officials and agencies, nationwide service of process
Federal question, amenability to suit
Foreign corporations
Fraud
Immunity from service
In personam jurisdiction, generally
In rem jurisdiction. See IN REM JURISDICTION
Indispensable parties and the 100-mile bulge
Individuals
Generally
Automobile, driving of
Business, transaction of
Consent
Domestic corporations
Domestic relations
Domicile
Marriage
Presence
Property, ownership of
Registered mail, service on nonresident motorists
Residence
Service on
State official, service on nonresident motorists
Tortious act, commission of
In-state activities, claims unrelated to D’s
Internet website as basis for
Joinder of parties
Mail order operations
Manner of service
Marriage
Minimum contacts
Motion to dismiss for lack of jurisdiction
Nationwide service of process
Notice
Generally
Actual receipt not dispositive
Certified mail, service on nonresident defendants by
Constitutional law
Corporations
Dwelling, substituted service at
Nonresident defendants, service on
Public official, service on nonresident defendants through
Publication, service by
Reasonableness test
Registered mail, service on nonresident defendants by
Substituted service
Opportunity to be heard
Personal service
Pre-judgment remedies, opportunity to be heard
Presence, individuals
Procedural due process, generally
Products liability, minimum contacts
Property, ownership of
Public official, service on nonresident defendants through
Publication, service by
Quasi in rem jurisdiction. See QUASI IN REM JURISDICTION
Reasonable anticipation of defendant
Registered mail, service by
Request for waiver of service
Residence, individuals
Signing of contract in the forum state
Special appearances
State law, service under
State official, service on nonresident motorists
Statutory interpleader, nationwide service of process
Substantive due process, generally
Substituted service
Supplemental jurisdiction
Systematic and continuous in-state activities
Territory for service
Things, jurisdiction over, generally
Third-party defendants, 100-mile bulge
Three-part test, pre-judgment remedies
Tortious act, commission of
Trickery to lure D into state
Venue. See VENUE
Waiver
Witness, immunity from service of
PERSONAL SERVICE
PERSUASION, BURDEN OF
PHYSICAL AND MENTAL EXAMINATIONS
Generally
Controversy, matters in
Motion and good cause
Other examinations
Persons who may receive reports from examiner
Reports from examiner
Use of discovery at trial
PLEADINGS
Generally
Alternative, pleading in
Amendment of pleadings. See AMENDMENT OF PLEADINGS
Answer. See ANSWER
Attorney, signature of
Complaint. See COMPLAINT
Relation back to
Change of party
Reply
Safe harbor, signature of attorney
Sanctions, signature of attorney
Time for pleadings
Variance of proof from pleadings
Verification
PREPONDERANCE OF THE EVIDENCE
PRESUMPTIONS
PRETRIAL CONFERENCE
Court’s right to order
PRETRIAL CONFERENCES
PRIVILEGED MATERIAL
PRODUCTION OF DOCUMENTS OR INSPECTION OF PROPERTY
Generally
Depositions
Land
Parties, restriction to
Possession, custody or control of party
Use of discovery at trial
PRODUCTION, BURDEN OF
PRODUCTS LIABILITY
Jurisdiction in cases of
PROTECTIVE ORDERS
PUBLICATION, SERVICE OR NOTICE BY
QUASI IN REM JURISDICTION
Generally
Defined
Definition
Federal limited appearances
Limited appearances
Minimum contacts
Res judicata, absence of
Shaffer v. Heitner, effect of
Special appearances
REAL PARTY IN INTEREST
RELATION BACK OF AMENDED PLEADINGS
REMEDIES
Compensatory damages
Equitable remedies
Specific performance
Punitive damages
Due process limits
REMITTITUR
REMOVAL TO FEDERAL COURT
Generally
Amount in controversy
Complaint, right to remove determined by
Counterclaims and
Court to which case is removed
Diversity jurisdiction
Federal question jurisdiction
Joinder of all defendants in request for removal
Multiple claims
Plaintiff cannot remove
Procedure
Remand
Time for removal
Venue
REPLY
REQUESTS FOR ADMISSIONS
Generally
Use of discovery at trial
RES JUDICATA. See FORMER ADJUDICATION
REVIEW. See APPEAL AND REVIEW
ROAD MAP
For Civil Procedure
RULE INTERPLEADER. See INTERPLEADER
RULES OF DECISION ACT
SANCTIONS
SCHEDULING ORDERS
SELECTION OF JURY
SERVICE OF PROCESS
SETTLEMENT CONFERENCE
Court’s right to order, 180
SPECIAL APPEARANCES
SPECIAL VERDICTS
SPECIFIC JURISDICTION
SPECIFIC PERFORMANCE
Order for
Standards for granting
SPECIFICITY OF COMPLAINT
SPLITTING OF CLAIMS
STAKEHOLDERS. See INTERPLEADER
STATUTES OF LIMITATION
STATUTORY INTERPLEADER. See INTERPLEADER
STRIKE, MOTION TO
SUBJECT MATTER JURISDICTION
Generally
Burden of proof
Claim preclusion, splitting of claims
Complaint
Compulsory counterclaims
Counterclaims
Defined
Dismissal at any time
Diversity jurisdiction. See DIVERSITY JURISDICTION
Federal question jurisdiction. See FEDERAL QUESTION JURISDICTION
Joinder of parties
Removal to federal court. See REMOVAL TO FEDERAL COURT
Supplemental jurisdiction. See SUPPLEMENTAL JURISDICTION
Waiver of
SUBPOENAS
SUBROGATION
SUBSTITUTED SERVICE
SUMMARY JUDGMENT
Generally
Affidavits
Burden of production
Discovery, use of
Opposition
Voluntary dismissals
SUPERIORITY, CLASS ACTIONS
SUPPLEMENTAL JURISDICTION
Generally
Additional parties to compulsory counterclaims
Additional parties to state-law claims
Amount in controversy
Ancillary jurisdiction, replacement of doctrine of
Class actions
Compulsory counterclaims
Compulsory joinder of parties
Cross-claims
Defensive posture as determining factor
Discretion of court
Diversity jurisdiction
Federal question jurisdiction
Impleader
Intervention
Joinder of claims
Joinder of parties
Pendent jurisdiction, replacement of doctrine of
Personal jurisdiction, necessity of
Third-party defendants, claims against
Venue
SUPPLEMENTATION OF DISCOVERY
TIME AND DATE
Answer
Complaint
Directed verdict, motion for
Judgment as a matter of law, motion for
Pleadings
Removal to federal court
Statutes of limitation. See STATUTES OF LIMITATION
TORTIOUS ACT
Basis of jurisdiction over individual
TRIAL PROCEDURE
UNANIMITY OF VERDICT
USE OF DISCOVERY AT TRIAL
VARIANCE OF PROOF FROM PLEADINGS
VENUE
Generally
Claim preclusion
Complaint
Corporations
Definition
Escape hatch provision
Federal actions
Forum non conveniens
Impleader
Multiple districts, place of events or property
Personal jurisdiction, necessity for
Place of events or property
Removal
Residence
Residence of plaintiff
State actions
Supplemental jurisdiction
VERDICTS
VERIFICATION OF PLEADINGS
VIDEOTAPING DEPOSITIONS
“VIRTUAL REPRESENTATION” DOCTRINE
VOIR DIRE
VOLUNTARY DISMISSAL
WAIVER
Of right to raise certain defenses
WARRANTY, BREACH OF
WORK-PRODUCT IMMUNITY