Civil Procedure Cheat Sheet
by parkeraz via cheatography.com/32519/cs/20114/
Subject Matter Jurisdiction Subject Matter Jurisdiction (cont) Venue
Federal federal issue must be Removal Defendant may remove so Approp‐ Any district in which the
Question presented in the plaintiff’s well- long as the federal court can riate defendant resides if all
plead complaint; federal exercise SMJ over the case Venue defendants reside in the state
defense is not sufficient Additional no defendants can be citizens where the district is located;
Diversity Must be complete diversity removal of the state in which the claim Where a substantial part of the
Jurisd‐ between the parties, amount in factors was originally filed; Motion for events or omissions occurred, or
iction controversy exceeds $75,000 removal must be filed within 30 where the property is situated;
(can aggregate if jointly liable) days of receiving the or If neither of the above apply,
complaint; All defendants must venue is proper in a judicial
Citize‐ Individuals—domiciled where
join in or consent to removal district where any defendant is
nship of they are present with intent to
subject to PJ
Parties remain indefinitely; Corporati‐
ons—domiciled where incorp‐ Personal Jurisdiction Transfer PJ, SMJ, venue appropriate,
orated AND where the principal of interest of justice
Tradit‐ service while voluntarily present;
place of business is located Venue
ional domicile; consent
Supple‐ Court may exercise supple‐ Basis
Erie Doctrine
mental mental jurisdiction over Long- Due process and fairness
Jurisd‐ additional claims so long as the Arm Federal Federal substantive and
iction claims arise out of a common Statute Question procedural law will control.
nucleus of operative fact as the Jurisdiction
Due Minimum contacts (purposeful
original claim; additional plaintiff Diversity Court applies state substa‐
process availment and relatedness);
cannot destroy diversity Jurisdiction ntive law and federal
Fairness
Rejection Court discretion if: The claims procedural law
Specific action arises out of the defend‐
of are complex or predominate the Substance substantive- damages, SOL,
Jurisd‐ ant’s conduct
Supple‐ lawsuit; The federal law claims v. evidentiary privileges
iction
mental are dismissed; or tere are any Procedure
General defendant is essentially “at
Jurisd‐ other compelling reasons to
Jurisd‐ home” in jurisdiction
iction decline jurisdiction. Pre-Trial Injunctions
iction
Temporary Party seeks to maintain the
Fairness Interest of the forum state in
Restra‐ status quo prior to a hearing
adjudicating the matter; Burden
ining for a preliminary injunction.
on the defendant of appearing in
Order Must show immediate and
the case; Interest of the judicial
irreparable injury and effort
system in efficient resolution;
was made to give notice to
and Shared interests of the
opposing side. Last 2-14 days
states in promoting common
social policies
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Civil Procedure Cheat Sheet
by parkeraz via cheatography.com/32519/cs/20114/
Pre-Trial Injunctions (cont) Pleadings (cont) Multiple Parties and Claims (cont)
Prelim‐ Requires notice to the opposing Adding a permitted if: claim arose out of Necessary Court cannot afford complete
inary party and a hearing. Must show new same conduct, transaction, or party if: relief without the party; There
Injunction Likely to succeed on the merits; Defendant occurrence; new defendant is a danger that the party
Likely to suffer irreparable harm received notice of the action would be harmed without
in absence of injunction; within 90 days of the original joining; or There is a risk of an
Balancing the equities favors complaint; and new defendant inconsistent judgment or
granting; and Injunction is in knew or should have known double liability
the best interests of the public that but-for a mistake, he New party Extent to which judgment
would have been part of the is indisp‐ would prejudice the parties in
Pleadings original complaint ensable the person’s absence; Extent
Rule 4 Corporations—service may Rule 11 when documents are to which prejudice could be
Service of be made on an officer, Standards submitted, certifies that the reduced or avoided by
Process managing agent, general for Filing documents are filed in good protective provisions; Whether
agent, or agent appointed faith. If challenged, must a judgment rendered would be
or authorized by law withdraw or revise the adequate; and Whether the
document. May be subjected plaintiff would have an
Rule 12(b) lack of SMJ, lack of PJ,
to sanction adequate remedy if action
Motion to improper venue, etc.
were dismissed for nonjoinder
Dismiss
Multiple Parties and Claims Rule 13 Can bring a cross-claim so
12(b) Motion SMJ- any time; PJ/ venue/
Rule 19 party must be necessary, Cross-‐ long as it arises out of the
Timing process- at first opportunity;
Compulsory must be PJ, must be SMJ. If Claims same transaction or
state a claim/ join a
Joinder of adding the party would ruin occurrence as the plaintiff’s
necessary party- in any
Parties diversity, the court must original claim. Must have SMJ
pleading, motion for
judgment, or at trial decide whether the party is Rule 14 Impleaded claim must relate
indispensable (dismiss the Impleader to the original claim between
Rule 15 Plaintiff may amend its
case) or not (proceed the plaintiff and the defendant.
Amendments pleading once as a matter
without the party) Must have SMJ.
of right within 21 days after
service on the defendant.
Otherwise seek leave of
court or written consent
from opponent
Adding a Permitted if: original
new claim complaint was timely and
new claim arises out of
same transaction or
occurrence
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Civil Procedure Cheat Sheet
by parkeraz via cheatography.com/32519/cs/20114/
Multiple Parties and Claims (cont) Discovery (cont) Trial Procedure (cont)
Rule Nonparty has an interest in the Expert Expert not called as a Directed Motion made by either party at
24 subject matter of the action; The Reports witness—reports only Verdict the close of plaintiff’s evidence
Interv‐ action may affect their interest; or accessible in exceptional or the close of all evidence;
ention The nonparty’s interest is not circumstances Granted if no reasonable
(as of adequately represented by the Duty to Must take reasonable steps person could differ as to the
right) existing parties Preserve to preserve or could be outcome
Rule Nonparty is granted a conditional Electroni‐ subject to sanctions; Renewed Motion for judgment as a
24 right under federal statute; or cally Stored presume lost information Motion matter of law is denied and the
Interv‐ Nonparty has a claim or defense Information was unfavorable; may also for issue goes to the jury;
ention related to the original cause of in Antici‐ dismiss or enter default Judgment Renewed motion for judgment
(permi action pation of judgment as a as a matter of law asks the
ssive) Litigation Matter of court to override the jury’s
Rule Used to resolve the problem of Physical Can compel a mental or Law verdict
22 competing claims to the same and Mental physical exam of a party if
Interp property Exams that party’s mental or Post-Trial Procedures
leader physical condition is at issue Appeals Generally, need a final
Depositions Can depose party or judgment. Interlocutory appeal
Discovery nonparty (must serve a allowed after the denial or grant
Scope Parties may discover any subpoena). Limited to ten of an injunction
nonprivileged matter that is Subpoena request that a nonparty Res Claim preclusion. Requir‐
relevant to a claim or defense duces produce documents Judicata ements: The same plaintiff and
Work Protects materials prepared by a tecum the same defendant from
Product party in anticipation of litigation; lawsuit #1; Lawsuit #1 ended in
Interroga‐ Only used against party.
Privilege EXCEPTION: Information is not a valid final judgment on the
tories Presumptively limited to 25
reasonably available by other merits; and Claimant is
means; and The party would be asserting the same claim as in
Adjudication without Trial
substantially prejudiced if not Lawsuit #1
Rule 65 Asserts that there is no
allowed to access the materials. Collateral Issue preclusion. Requir‐
Summary genuine dispute as to any
May NEVER discover mental Estoppel ements: Same issue was
Judgment material fact and the party is
thoughts and opinions actually litigated; Final valid
entitled to judgment as a
judgment on the merits; Issue
matter of law
was essential to the judgment;
and Mutuality (must be fair for
Trial Procedure
new plaintiff to assert same
Jury Seventh Amendment—right to jury issue)
Trial trial when damages exceed $20;
Must demand jury trial within 14
days after service of last pleading
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