SUBJECT MATTER INDEX

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