ABSENCE
Depositions, use at trial
ABSOLUTE IMMUNITY
Discovery
Distinguished from qualified immunity
Present rules on
ABSTENTION DOCTRINE
Defined
ACCELERATION CLAUSES
Installment contracts, claim preclusion
ADDITUR
Generally
Use in state courts
ADJUDICATION WITHOUT TRIAL
Generally
Involuntary dismissal
Judgment on partial findings
Summary judgment
Voluntary dismissal
ADMINISTRATORS OR EXECUTORS
Diversity jurisdiction involving
Real party in interest
ADMISSIBILITY
Discovery results
ADMISSION
Requests for
Use at trial
AFFIRMATIVE DEFENSES
Pleading
AGENT
Defendant’s use of as bearing on personal jurisdiction
AIRPLANE
Service of process in
ALIENS
Diversity of citizenship involving
AMENDMENT
Pleadings
Relation back of
Change of party
Single “conduct, transaction, or occurrence”
AMOUNT IN CONTROVERSY REQUIREMENT
Generally
Aggregation by multiple plaintiffs
Class actions
Counterclaims, effect of
Diversity jurisdiction
Federal question jurisdiction
Point of view from which measured
Removal jurisdiction
Sum claimed in good faith
Supplemental jurisdiction to satisfy
ANCILLARY JURISDICTION
See SUPPLEMENTAL JURISDICTION
ANSWER
Generally
Time for
APPEALABILITY
Class action, denial of
APPELLATE REVIEW
Generally
Clearly erroneous standard
Collateral order doctrine
Deference to trial court
“Final judgment” rule
Findings of fact
“Harmless error” doctrine
Judgment as a matter of law/JNOV order
New trial order
Objection, need for
Que stions of law
Scope of
Trial without jury
ASCERTAINING APPLICABLE LAW
See also ERIE DOCTRINE
Generally
Erie case
Federal common law, generally
in diversity cases
in federal question cases
in state courts
Where Federal Rule is on point
ATTACHMENT
Constitutionality of procedures for
In rem jurisdiction
Quasi in rem jurisdiction
ATTORNEY CLIENT PRIVILEGE
Work-product immunity, distinguished from
AUTOMOBILE
Driving, as basis for jurisdiction
BANK ACCOUNT GARNISHMENT
Due process
BAR AND MERGER
See CLAIM PRECLUSION
BIAS OF JUDGE
BURDEN OF PROOF
Allocation of burdens
Burden of production
Erie rules on
Preponderance of the evidence
CHOICE OF LAW
See ASCERTAINING APPLICABLE LAW
CITIZENSHIP
See also SUBJECT-MATTER JURISDICTION, DIVERSITY JURISDICTION
Residence compared
Synonymous with domicile
CLAIM PRECLUSION
Generally
Adjudication on merits, requirements of
Change of law
Federal suit followed by state suit
Jurisdictional obstacles
Personal and property damage from accident
Splitting a claim
State suit followed by federal suit
Stranger to first action
Transactional test for
CLASS ACTION FAIRNESS ACT OF 2005
CLASS ACTIONS
Generally
(b)(1) class actions
(b)(2) class actions
Money damages sought in
(b)(3) class actions
“Absent plaintiff”
Amount in controversy rules
Attorney’s fees
Binding effect of decisions in
Certification as class
Common question test
Common-questions requirement
Definition
Determination that no valid class action exists
Appeal from
Diversity cases
Amount in controversy requirement
Citizenship of class members
Due process
Fair-and-adequate-representation requirement
Limited-fund rationale
Mass tort claims, generally
Aggregation and sampling
Amount in controversy
Asbestos case
Definition
Due process problems
Limited-fund rationale
Opting out
Partial certification
Pretrial consolidation
Problems of
Product liability cases
Punitive damages
Requirement of notice
Single-accident cases
Suitability of class actions
Type of class action used for
Notice, requirement of
Opting out, right of
Prerequisites for
Removal of to federal court
Settlement of
Settlement-only class actions
Subject-matter jurisdiction issues
Supplemental jurisdiction involving
Table 8-2: Class Actions
Typical-claim requirement
Waiver of right to bring
“CLEARLY ERRONEOUS” STANDARD
COGNOVIT NOTE
COLLATERAL ATTACK ON JUDGMENTS
Based on lack of jurisdiction over person
Based on lack of subject-matter jurisdiction
COLLATERAL ESTOPPEL
Generally
Acquittal in criminal case
Administrative agency findings, use of
Burden of proof, allocation of
Criminal conviction, use of
Definition
Foreseeability of future litigation
“Full and fair” litigation of issue
Government is party
Issue actually litigated
Issue essential to verdict
Issue of law
Jurisdiction, courts of limited
Multiple plaintiff anomaly
Mutuality
Offensive vs. defensive use
Persons affected by
Settlement
Stranger to first action
“COLLATERAL ORDER” DOCTRINE
COLLUSIVE ASSIGNMENT OF CLAIM
Fraudulent joinder to create diversity
COMPLAINT
Generally
Defined
Motion to dismiss (12(b)(6))
Motion to strike (12(f))
Short and plain statement
Special matters
Time for service after filing
COMPULSORY COUNTERCLAIMS
See COUNTERCLAIMS
COMPULSORY JOINDER OF PARTIES
See JOINDER OF PARTIES
CONCURRENT JURISDICTION
Between state and federal courts
CONSENT
Basis for jurisdiction
Over corporations
Over individuals
“Forum selection” clauses
Inadequate to confer subject-matter jurisdiction
CONSTRUCTIVE SERVICE
Defined
Jurisdiction over the person
CONTRACTS
As basis for in personam jurisdiction
Choice of law provision
CONTROVERSY, AMOUNT IN
See AMOUNT IN CONTROVERSY REQUIREMENT
CORPORATIONS
Diversity jurisdiction involving
Principal place of business of
COUNTERCLAIMS
Generally
Compulsory
Collateral estoppel involving
Definition
Failure to state, effect of
Supplemental jurisdiction over
Test for
Default by opposing party
Jurisdictional requirements for
New parties to
Permissive
Collateral estoppel involving
Jurisdictional requirements
Quasi in rem suits
Statute of limitations for
Supplemental jurisdiction
Supplemental jurisdiction involving
Third-party defendant to
Who may make
CROSS-CLAIMS
“Ancillary” jurisdiction
Between co-plaintiffs
Definition
Distinguished from counterclaim
Supplemental jurisdiction
Supplemental jurisdiction involving
Test for allowing
Transaction or occurrence that is subject matter of original action
DAMAGES
See REMEDIES
“DEATH KNELL” DOCTRINE
DEFAULT JUDGMENT
Collateral attack on
DEFENSES
Pleadings
DENIALS
Based on information and belief
General
Lack of knowledge or information
DEPOSITIONS
Generally
Admissibility of
Failure to appear, sanctions for
Limits on number and time of
Mechanics of
Non-stenographic version
Objection to
Oral depositions
Order compelling
Protective order against
Recording, means of
Use of at trial
Who may be deposed
Written questions
DIRECTED VERDICT
Diversity cases, standard in
Effect of
Federal trials
Judgment as a matter of law
No possible difference among reasonable people
Standard for determining
DISCOVERY
See also individual forms of (e.g., DEPOSITIONS)
Absolute work product immunity
Abuse of
Admissibility of fruits of
Automatic disclosure
Award of expenses
Compelling
Cost shifting by court
Depositions
Limit on number of
Non-stenographic version
On oral questions
On written questions
Disclosure, prohibition of
Good faith requirement
Documents, request to inspect
Electronically stored information
Expert witness’ report
Experts
Forms of
Impeachment material
“Initial Disclosure”
Insurance agreements
Interrogatories
Land, request to inspect
Legal contentions
Metadata
Participant experts
Physical examination
Constitutionality
Sanctions for not submitting to
“Pretrial Disclosure”
Privileged material
Protective order
Qualified work product immunity
Request for admission
Request to inspect documents or property
Sanctions
Against parties refusing to furnish discovery
Gross negligence sufficient for
Scope of
Signature requirement
Subpoena, use of against third party
Use of, at trial
Use of, in subsequent proceedings
Witnesses
Names of
Statements of
Work product immunity
DISMISSAL
Involuntary
Voluntary
DIVERSITY
See DIVERSITY JURISDICTION and SUBJECT-MATTER JURISDICTION
DIVERSITY JURISDICTION
Amount in controversy
Aggregation of claims
Class actions
Complete diversity, requirement of
Corporations
Nerve center test
Date for determining existence of
Partnerships
DIVORCE
Jurisdiction to grant
DOCUMENTS
Request to produce
DOMICILE
Basis for jurisdiction
Defined
Prior residence as basis for
DUE PROCESS
Adequacy of notice and hearing
Minimum contacts test
Opportunity to be heard
Punitive damages
Repossession of goods
Statutes going to limit of
Wage garnishment
DURESS
Defense of, to jurisdiction
ENFORCEMENT OF JUDGMENTS
Generally
Full Faith and Credit clause
Jurisdiction over the person
Registration
Relitigating issue of jurisdiction
EQUITABLE REMEDIES
See REMEDIES
ERIE DOCTRINE
Ascertaining law of particular state
Burden of proof
Conflict of law rules followed
Conflict with statute
Constitutional basis for
Federal common law
in diversity cases
in federal question cases
in state courts
Federal Rules of Civil Procedure, doctrine not applicable to
Forum non conveniens, state law concerning
Forum-shopping, evils of
Obsolete state decision
Outcome-determinative test
Right to jury trial, in diversity cases
Rules Enabling Act
State decision obsolete
Statute of limitations
Substantive/procedural distinction
Validity of Federal Rules
EXCESSIVE VERDICT
New trial because of
EXPERTS
Discovery concerning
FAILURE TO STATE CLAIM UPON WHICH RELIEF CAN BE GRANTED
Dismissal for
FEDERAL COMMON LAW
FEDERAL JURISDICTION
See JURISDICTION OVER THE PARTIES; SUBJECT-MATTER JURISDICTION
FEDERAL QUESTION JURISDICTION
Generally
Amount in controversy not required
Embedded federal issue not appearing in complaint
Removal jurisdiction
Statutory basis
FIGURES
Figure 6-1: Analyzing Erie problems
FINAL JUDGMENT
Necessary for appeal
FINDINGS OF FACT
Judgment on partial findings
Separately stated by judge
FORMER ADJUDICATION
See also COLLATERAL ESTOPPEL; CLAIM PRECLUSION
Collateral estoppel
Full Faith and Credit
Issue preclusion
Merger and bar
Mutuality of estoppel
Splitting of claim
Stranger to first action
“Virtual representation” doctrine
FORUM NON CONVENIENS
Choice of law
Defined
Factors for allowing
In federal courts
Original venue improper
Where action might have been brought
FORUM-SHOPPING
See also ERIE DOCTRINE Evils of
FRAUD
Defense to jurisdiction
Requirement of specific pleading
FULL FAITH AND CREDIT CLAUSE
Administrative agency findings
Enforcement of judgments
Obligation to give
by federal court to state court’s judgment
by one state to another’s judgment
by state to federal judgment
GARNISHMENT OF DEBT
Due process required prior to
GENERAL APPEARANCE
Conferring jurisdiction
GENERAL DENIAL
“HARMLESS ERROR” DOCTRINE
Defined
New trial not allowed for
Appellate review and
IMMUNITY
From service of process
Work-product
IMPEACHMENT MATERIAL
Discovery of
IMPLEADER
Generally
By plaintiff
Defined
Derivative claim, requirement of
Dismissal of main claim, effect of
Jurisdictional requirements relaxed for
Other claims added to
Supplemental jurisdiction
Supplemental jurisdiction involving
IMPLIED CONSENT
Jurisdiction based on
IN PERSONAM JURISDICTION
See JURISDICTION OVER THE PARTIES
IN REM JURISDICTION
See JURISDICTION OVER THE PARTIES INADEQUATE VERDICT
New trial
INDISPENSABLE PARTIES
Compulsory joinder of parties
Defined
Supplemental jurisdiction over
INDIVIDUALS, JURISDICTION OVER
See JURISDICTION OVER THE PARTIES
INJUNCTION
Appeal from order granting or denying
INJUNCTIONS
See REMEDIES
INSTRUCTIONS BY JUDGE
To jury
INSURANCE AGREEMENTS
Discovery
INTERNET
Acts committed on, as covered by state long-arm
Claims not involving in-state activities, jurisdiction for
Website as constituting minimum contacts
INTERPLEADER
Generally
Comparison chart
Definition
Denial by stakeholder of debt
Deposit by stakeholder
Other suits restrained
Rule
interpleader
Statutory interpleader
Table 8-3: Comparison—Statutory and Rule Interpleader
INTERROGATORIES
Admissibility at trial
Defined
General verdict with
Objection to
INTERVENTION
Generally
Of right
Permissive
Supplemental jurisdiction
Supplemental jurisdiction involving
INVOLUNTARY DISMISSAL
ISSUE PRECLUSION
See COLLATERAL ESTOPPEL
JNOV
See JUDGMENT NOTWITHSTANDING THE VERDICT
JOINDER OF CLAIMS
Generally,
Defined
Effect of rule against splitting cause of action
Jurisdiction requirements for
JOINDER OF PARTIES
Generally
Compulsory joinder
Jurisdiction requirements
“Necessary” and “indispensable” parties distinguished
Indispensable party
Multi-party product liability cases, use of in
Permissive joinder
Jurisdiction requirements
Test for allowing
Supplemental jurisdiction
Supplemental jurisdiction involving
JUDGMENT AS A MATTER OF LAW
Appellate review of grant or denial of
Application
Defenses, applicable to
Definition
Motion for directed verdict, as condition precedent
Motion for new trial combined with
Order reversed on appeal
JUDGMENT NOTWITHSTANDING THE VERDICT
Application
Definition
Federal practice; see JUDGMENT AS A MATTER OF LAW Standard for granting
JUDGMENTS
Enforcement of
JURISDICTION OVER THE PARTIES
Generally
Agent, use of as giving rise to
At-home test
Child support claim
Choice of law, constitutional limits on
Collateral attack on
Conducting business
Consent as basis for
“Forum selection” clauses
Contract as basis for
Corporations, generally
Agent present
Contracts as basis for
Domestic corporations
“Minimum contacts” test
Out-of-state corporations
Domicile as basis for
Due process, long arm going to the limit of
Federal actions
Amenability to suit
Local long-arm followed in diversity
100-mile bulge
Service of process
Service on individuals
Territory for service
Waiver of formal service, request for
Foreign defendant
Foreigners
Fraud, defense based on
General jurisdiction
Corporation as defendant
Modern trend as to
Tougher rules governing
Immunity from service
“Implied consent” doctrine
Individuals
Conducting business by
In personam jurisdiction, defined
In rem jurisdiction, generally
Actions for specific performance of land-sale contracts
Constitutionality
Effect of Shaffer,78
Federal in rem jurisdiction
Internet Website, effects of
Internet, acts committed on
Limited appearance
Federal use of
Long-arm statutes, defined
“Minimum contacts” test
Motorists, non-resident
Notice and opportunity for hearing
Notice requirement
Actual notice not received
Actual notice received, but statute invalid
Cognovit
Garnishment suits
Hearing, opportunity for
Out-of-state defendant
Publication
Service on corporations
Service on state official
Substitute service
Opportunity to be heard
Due process, test for
Prejudgment remedies
State action
Out-of-state acts with in-state consequences
Ownership of property, based on
Presence as basis for
Products liability cases
Purchases made in state
Quasi in rem, generally
Based on debts
Definition
Federal suits based on
Limited appearance
Minimum contacts required
Res judicata effect of
Residence as basis for
Special appearance
Specific jurisdiction
Stream-of-commerce theory
Torts, based on
In-state
Libel
Out-of-state with in-state consequences
Products liability
Single-accident cases
JURISDICTIONAL AMOUNT
See AMOUNT IN CONTROVERSY REQUIREMENT
JURY
Generally
Alternates
Challenges to
Instructions to
Misconduct of
Number required
Selection of
Seventh Amendment
Unanimity requirement
JURY TRIAL, RIGHT TO
Generally
Complex cases
Damages, suits for
Deciding whether claim is legal or equitable
Declaratory judgment
Legal and equitable claims mixed
Patent claims
Seventh Amendment
LAND
Request to inspect
Venue in actions involving
LEGAL THEORIES
Discoverability
LIMITED APPEARANCES
Defined
Federal quasi in rem suits, use in
Special appearances compared
LONG ARM STATUTE
See also JURISDICTION OVER THE PERSON
Basis of jurisdiction
Defined
Illinois Act
Non-resident motorist statutes
Notice by mail
Service on designated state official
Statutes going to limits of due process
MASS TORTS
See CLASS ACTIONS
NEWLY DISCOVERED EVIDENCE
New trial
MERGER AND BAR
See CLAIM PRECLUSION
NEWSPAPER PUBLICATION
Service of process by
METADATA
Discovery of
MINIMUM CONTACT
Suit based on products shipped into the forum state
MINIMUM CONTACTS
See also JURISDICTION OVER THE PERSON
“Absent plaintiff,” not required for
Balancing test
Basis of jurisdiction
Defined
Internet Website as constituting
Out-of-state tortious act, in-state consequences
Products liability cases
Quasi in rem jurisdiction
Single life insurance policy
Voluntary contacts by defendant required
MOTIONS
Defined
For judgment on pleadings
For more definite statement
To dismiss for failure to state claim
Plausibility standard for deciding
To strike
MOTOR VEHICLE
Operation of, as implied consent
MULTI-PARTY AND MULTI-CLAIM LITIGATION
See CLASS ACTIONS, IMPLEADER, INTERPLEADER, INTERVENTION, JOINDER OF CLAIMS, JOINDER OF PARTIES, and REAL PARTY IN INTEREST
MULTIPLE-PLAINTIFF ANOMALY
Offensive vs. defensive use of collateral estoppel
MUTUALITY
Collateral estoppel
NATIONWIDE SERVICE OF PROCESS
In interpleader cases
NECESSARY PARTIES
Compulsory joinder of
NERVE CENTER TEST
For corporation’s citizenship
NEW TRIAL
Appealability of order granting
Bias discovered after trial
Excessive verdict
Grounds for granting generally
Inadequate verdict
Jury’s error of law
Misconduct by jury
Newly discovered evidence
Partial new trial
Remittitur and Additur
Verdict against weight of evidence
NOMINAL PARTIES
Diversity jurisdiction involving
NON-JURY TRIAL
Generally
Judgment on partial findings
NON-RESIDENT MOTORIST STATUTES
Basis of jurisdiction over individuals
NOTICE AND OPPORTUNITY TO BE HEARD
See also JURISDICTION OVER THE PARTIES
100-MILE BULGE PROVISION
Federal jurisdiction over the parties based on
OPPORTUNITY TO BE HEARD
Test for due process
PARTIAL NEW TRIAL
Issues of liability and damages
PARTICIPANT EXPERTS
Discovery involving
PARTIES, JURISDICTION OVER
See JURISDICTION OVER THE PARTIES
PENDENT JURISDICTION
See SUPPLEMENTAL JURISDICTION
PERMISSIVE COUNTERCLAIMS
See COUNTERCLAIMS
PERMISSIVE INTERVENTION
See INTERVENTION
PERMISSIVE JOINDER OF PARTIES
See JOINDER OF PARTIES
PERSONAL JURISDICTION
See JURISDICTION OVER THE PARTIES
PHYSICAL EXAMINATIONS
Discovery
Report of examining physician
PLEADINGS
See also COMPLAINT, ANSWER, DENIAL, REPLY
Affirmative defenses
Amendment
Answer
Complaint
Conclusory statement insufficient
Counterclaims
Denials
Failure to state claim upon which relief can be granted
Relation back to
Change of party
Single “conduct, transaction, or occurrence”
Reply
Rule
Sanctions
For frivolous or harassing pleading
See also SANCTIONS
Short and plain statement
Signing of
Special damages
Special matters, generally
Failure to plead, effect of
If not listed in Rule
List of
Timetable for
Types of
Variance of proof from pleadings
Verification
PREJUDGMENT RELIEF
Due process
PREPONDERANCE OF THE EVIDENCE
Generally
Burden of proof
Definition
PRESUMPTIONS
Definition
Effect of
PRETRIAL CONFERENCE
Generally
Pretrial order
Promoting settlements, policy of
Sanctions
Scheduling order
PRINCIPAL PLACE OF BUSINESS
Of corporation
PRIVILEGED MATERIAL
Discovery
PRODUCTS LIABILITY
Class actions
Jurisdiction in cases of
PROTECTIVE ORDER
See DISCOVERY
PUBLICATION
Means of notice
PUNITIVE DAMAGES
Due process issues with
QUALIFIED WORK-PRODUCT IMMUNITY
Discovery
Distinguished from absolute immunity
Overcome by showing of need
QUASI IN REM
See JURISDICTION OVER THE PARTIES
REAL PARTY IN INTEREST
Generally
REGISTERED MAIL SERVICE
Constructive service
Non-resident motorist statutes
REGISTRATION OF JUDGMENTS
Generally
RELIEF
See REMEDIES
REMEDIES
Generally
Compensatory damages
Equitable remedies
Injunctions
Specific performance
Punitive damages
Due process limits
REMITTITUR
Amount of
Definition
REMOVAL TO FEDERAL COURT
See also SUBJECT MATTER-JURISDICTION
Generally
By plaintiff, not allowed
Class actions filed in state court
Diversity jurisdiction
Illustrations
Mechanics of
Multiple claims
Remand
Waiver
REPLY
Time for
REPOSSESSION OF GOODS
Due process
REQUEST FOR ADMISSIONS
Discovery
REQUEST TO PRODUCE DOCUMENTS
Discovery
RES JUDICATA
See COLLATERAL ESTOPPEL, CLAIM PRECLUSION
RIGHT TO JURY TRIAL
See JURY TRIAL, RIGHT TO
RULES ENABLING ACT
Definition
Narrow construction of federal rules, to avoid violating
RULES OF DECISION ACT
Generally
SANCTIONS
Against parties refusing to furnish discovery
Inherent power of court to sanction
Rule
sanctions for frivolous or harassing filings
“Safe harbor” provision
SERVICE OF PROCESS
See also JURISDICTION OVER THE PARTIES
Dwelling unattended
First-class mail
Immunity from
Nationwide service
Newspaper publication
Notice to corporate official or manager
Registered mail
State law, federal service according to
State official, service on
Substituted service
Subterfuge, use of
Time for service
Waiver of formal service, request for
SEVENTH AMENDMENT
See JURY; JURY TRIAL, RIGHT TO
SPECIAL APPEARANCE
Defined
Substitutes for
Waiver of right to
SPECIAL DAMAGES
Pleading
SPECIAL MATTERS
Pleading
SPLITTING A CLAIM
Claim preclusion
STATE OFFICIAL
Service on
STATUTE OF LIMITATIONS
Counterclaims
Outcome determinative test
STOCKHOLDERS’ DERIVATIVE SUIT
Verification requirement
SUBJECT-MATTER JURISDICTION
Generally
Aliens, jurisdiction involving
Amount in controversy; see AMOUNT IN CONTROVERSY REQUIREMENT
Ancillary jurisdiction; see SUPPLEMENTAL JURISDICTION
Collateral attack on lack of
Diversity jurisdiction, generally
Abolition possible
Abstention doctrine
Aliens
Assignment of claim
Devices to create or destroy
District of Columbia, citizens of
Nominal parties
Federal questions, generally
Anticipation of federal defense insufficient
Claim based on merits
Must appear in well-pleaded complaint
New parties brought in
Removal of multiple claims
State-created claim
Supplemental jurisdiction
Pendent jurisdiction; see SUPPLEMENTAL JURISDICTION
Removal, generally
By plaintiff, not allowed
Certain cases not removable
Devices to defeat
Diversity cases
Face of pleadings, determined from
Mechanics of
Multiple claims
Original state court jurisdiction required
Remand
Waiver
Supplemental jurisdiction; see SUPPLEMENTAL JURISDICTION
Waiver of, lack of
When objection to lack of may be made
SUBPOENA
Duces tecum
To non-party deponent
SUBSTITUTED SERVICE
Defined
Jurisdiction over the person
SUMMARY JUDGMENT
Meaning and application
Movant has burden of proof
Partial
Showing by movant
SUPPLEMENTAL JURISDICTION
Generally
“Ancillary” jurisdiction
Class action plaintiffs and
“Common nucleus of facts” test
Compulsory counterclaims
Compulsory counterclaims and
Cross-claims
Cross-claims and
Discretionary rejection
Diversity cases
Exclusions
Federal question cases
Impleader
Impleader and
Intervention
Intervention and
Joinder of claims
Joinder of parties
“Pendent” jurisdiction
Permissive counterclaims
Permissive joinder of parties and
Personal jurisdiction
Statute
Venue
TABLES
Table 8-2: Class Actions
Table 8-3: Comparison—Statutory and Rule Interpleader
THIRD PARTY PRACTICE
See IMPLEADER
TORTIOUS ACT
Basis of jurisdiction over individual
VARIANCE
Of proof from pleadings
VENUE
Generally
Corporations
Federal actions
Defendant’s residence
Diversity cases
Place of events
Forum non conveniens
Federal suits
State suits
Local actions
Removal cases
Supplemental jurisdiction
Transfer to different federal court
Transitory actions
Unincorporated associations
Waiver
VERDICT
Against weight of evidence
Directed; see DIRECTED VERDICT
General
Special
VERIFICATION
Pleadings
“VIRTUAL REPRESENTATION” DOCTRINE
WAGE GARNISHMENT
Due process
WAIVER OF SERVICE
Request for
WEIGHT OF EVIDENCE
Verdict against
WITNESSES
Expert, discovery of
Names of, discovery of
Statements by, discovery of
WORK-PRODUCT IMMUNITY
Absolute
Attorney-client privilege, distinguished from
Legal claims, defenses and conclusions
Qualified
Selection of documents by attorney
WRITTEN QUESTIONS
Depositions upon