Mastering Civil Procedure

Overview

Mastering Civil Procedure provides a thorough and practical guide to the Federal Rules of Civil Procedure as well as related doctrines, including personal jurisdiction, subject matter jurisdiction, and claim and issue preclusion. Not only does the book provide a concise and clear road map to civil procedure, it is designed to complement leading civil procedure case books by discussing many of the principal cases from those books. The book benefits from having been written by a civil procedure professor who, prior...
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Overview

Mastering Civil Procedure provides a thorough and practical guide to the Federal Rules of Civil Procedure as well as related doctrines, including personal jurisdiction, subject matter jurisdiction, and claim and issue preclusion. Not only does the book provide a concise and clear road map to civil procedure, it is designed to complement leading civil procedure case books by discussing many of the principal cases from those books. The book benefits from having been written by a civil procedure professor who, prior to teaching, litigated civil lawsuits in federal courts for 14 years with both large and small law firms. This updated edition not only addresses all of the latest amendments to the rules and updates to most major casebooks, but has also been expanded to include numerous flowcharts and other visual aids to help readers master civil procedure.
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Product Details

  • ISBN-13: 9781594609886
  • Publisher: Carolina Academic Press
  • Publication date: 6/1/2011
  • Edition number: 2
  • Pages: 672
  • Product dimensions: 6.00 (w) x 9.00 (h) x 1.30 (d)

Meet the Author

David Hricik is a Professor at Mercer University School of Law.
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Table of Contents

Ch. 1 Courts decide claims 3

Ch. 2 The preview of part A of this book 11

Ch. 3 The foundations of subject matter jurisdiction 13

Ch. 4 Federal question and diversity subject matter jurisdiction 19

Ch. 5 The foundations of personal jurisdiction 51

Ch. 6 Personal jurisdiction : long arm statutes, minimum contacts, and fair play 57

Ch. 7 In Rem and Quasi In Rem jurisdiction 81

Ch. 8 The foundations of venue 87

Ch. 9 Proper and improper venue 91

Ch. 10 Removal : what if plaintiff filed in state court a claim over which a federal court would have subject matter jurisdiction? 103

Ch. 11 The preview of part B of this book 127

Ch. 12 The plaintiff's pre-suit investigation required by Rule 11 129

Ch. 13 The complaint 135

Ch. 14 Preview of the four steps to analyze joinder of claims and parties 149

Ch. 15 Joinder step one : authority in a rule for joining the party or the claim 153

Ch. 16 Authority to join claims 157

Ch. 17 Authority to join parties 169

Ch. 18 Multiple parties allow joinder of even more claims and parties 189

Ch. 19 Interpleader : a nonparty creates a suit between two others 193

Ch. 20 Intervention : the only way a person can force itself into a lawsuit between other parties 197

Ch. 21 Joinder step two : original or supplemental subject matter jurisdiction must exist 201

Ch. 22 Joinder step three : personal or pendent personal jurisdiction must exist over each claim 217

Ch. 23 Joinder step four : venue or pendent venue must exist over most, but not all, claims 221

Ch. 24 A recap and flow chart of the four steps for adding claims or parties 225

Ch. 25 Notifying the defendant of the filing of suit throughservice or waiver of service of process 237

Ch. 26 Preview of the defendant's options in response to receiving a federal court complaint 247

Ch. 27 The defendant's initial set of options 251

Ch. 28 An introduction to motions 257

Ch. 29 When and why must a defendant file an answer or Rule 12 motion? 265

Ch. 30 Rule 12(b)(1) challenges to subject matter jurisdiction 269

Ch. 31 Rule 12(b)(2) challenges to personal jurisdiction 285

Ch. 32 Rule 12(b)(3) challenges to improper venue 291

Ch. 33 Rule 12(b)(4) and (5) challenges to process 299

Ch. 34 Rule 12(b)(6) challenges to statement of a claim by plaintiff and for judgment on the pleadings 303

Ch. 35 Rule 12(b)(7) and indispensable parties under Rule 19 315

Ch. 36 Rule 12's one-motion-consolidation requirement 317

Ch. 37 The defendant's answer 327

Ch. 38 Rule 11's reach and special procedures 335

Ch. 39 Transfer from a proper venue to a more convenient, proper venue 343

Ch. 40 Special venue issues 351

Ch. 41 Amending pleadings 359

Ch. 42 Lawyer responsibility for and judicial involvement in case management 373

Ch. 43 The first steps after pleadings close : conferences and required initial disclosures 375

Ch. 44 Adjudication or resolution of claims before discovery 387

Ch. 45 The foundations of choice of law in federal court 399

Ch. 46 Choice of law : Erie and beyond 403

Ch. 47 Discovery 417

Ch. 48 Scope of discovery : relevancy and other boundaries 423

Ch. 49 Forms of discovery 435

Ch. 50 Expert witnesses : disclosure, discovery, and protection 459

Ch. 51 Adjudication of discovery disputes 471

Ch. 52 Summary judgment : adjudication of claims prior to trial but after discovery 479

Ch. 53 The final set of required disclosures : the pretrial order 495

Ch. 54 Adjudication of claims by trial 501

Ch. 55 After verdict : in the district court 519

Ch. 56 Obtaining relief after prevailing on a claim 531

Ch. 57 Limited availability of appeals : the final judgment rule and its expectations 535

Ch. 58 A brief word on appeals 553

Ch. 59 Attacking a judgment in district court under Rule 60(b) 557

Ch. 60 After appeals : claim and issue preclusion 563

Ch. 61 A brief introduction to mass and class actions 585

Index 589

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