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| Preface | |
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| Westlaw Overview | |
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| Introduction | |
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| Civil Procedure Defined | |
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| General Description of Court Systems | |
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| Subject-Matter Jurisdiction and Venue | |
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| Overview | |
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| Federal Subject-Matter Jurisdiction | |
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| The Nature of the Federal Courts | |
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| Federal-Question Jurisdiction | |
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| Federal-Question Jurisdiction-The Well-Pleaded Complaint Rule | |
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| Diversity-of-Citizenship Jurisdiction-In General | |
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| Diversity-of-Citizenship Jurisdiction-Application of Diversity Requirements | |
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| Diversity-of-Citizenship Jurisdiction-Devices to Create and Destroy Diversity | |
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| Amount-in-Controversy Requirements | |
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| Amount-in-Controversy Requirements-The Effect of Additional Claims and Additional Parties | |
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| Actions in Which the United States Is a Party and Admiralty and Maritime Cases | |
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| Removal Jurisdiction | |
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| Supplemental Jurisdiction-History | |
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| Supplemental Jurisdiction-Joinder of Claims | |
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| Supplemental Jurisdiction-Joinder of Parties | |
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| Venue | |
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| Venue Requirements | |
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| Local and Transitory Actions | |
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| Transfer and Forum Non Conveniens | |
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| Personal Jurisdiction | |
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| Overview | |
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| Historical Development of Jurisdictional Doctrine | |
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| Traditional Bases of Jurisdiction | |
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| The Jurisdictional Categories | |
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| The Rule of Physical Presence | |
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| Pennoyer v. Neff | |
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| Jurisdiction Over Persons: Exceptions to the Rule of Physical Presence | |
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| The Presence Test: Some Problems and Limitations | |
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| Jurisdiction Based on Consent | |
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| Jurisdiction Based on Domicile and Residence | |
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| Jurisdiction Based on Corporate Presence and "Doing Business" | |
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| Jurisdiction Over Property | |
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| In-Rem and Quasi-in-Rem Jurisdiction: Traditional Doctrine | |
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| Problems With Traditional Doctrine: Quasi-in-Rem Jurisdiction Under Stress | |
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| Contemporary Jurisdiction Notions: In-Personam Jurisdiction | |
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| Constitutional Requirements | |
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| The Basic Rule of International Shoe: The Minimum Contacts and Fair Play and Substantial Justice Requirements | |
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| Refinements of the Basic Standard: The Requirement of a Purposeful Act and Foreseeability | |
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| Statutory Requirements | |
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| The Growth and Use of Long-Arm Statutes | |
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| Particular Applications of Long-Arm Statutes | |
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| Contemporary Jurisdiction Notions: In-Rem and Quasi-In-Rem Jurisdiction | |
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| International Shoe Triumphant: A Uniform Standard for Jurisdiction | |
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| International Shoe Applied to In-Rem and Quasi-in-Rem Jurisdiction | |
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| The Seizure of Property: Requirements and Definition | |
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| The Impact of Shaffer v. Heitner on Pennoyer's Satellites | |
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| The Current Viability of Consent, Domicile, and Transitory Presence Theories | |
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| Amenability to Suit | |
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| Source of Governing Law | |
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| Notice and the Opportunity to Be Heard | |
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| Due-Process Requirements | |
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| The Requirement of Reasonable Notice | |
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| Service of Process as a Means of Notice | |
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| The Timing of Notice and the Opportunity to Be Heard | |
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| Service-of-Process Requirements and Limits | |
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| The Etiquette and Sufficiency of Service of Process | |
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| Impermissible Uses of Service of Process | |
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| Immunity From Service of Process | |
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| Challenges to Jurisdiction | |
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| Challenging Jurisdiction-An Introduction | |
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| Methods of Challenging Jurisdiction | |
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| Limited Appearances in Quasi-in-Rem Proceedings | |
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| Protecting the Defendant Against Vexatious Litigation | |
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| Ascertaining the Applicable Law | |
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| Federal Courts | |
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| The Rules of Decision Act and Swift v. Tyson | |
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| Erie Railroad Company v. Tompkins | |
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| Evolution of the Erie Doctrine | |
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| The Erie Doctrine and the Federal Rules | |
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| Determining Which State's Law Controls | |
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| Determining the Content of State Law | |
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| Federal Common Law | |
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| State Courts | |
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| Federal Law in State Courts | |
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| Modern Pleading | |
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| Introduction | |
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| The Function and Effectiveness of Modern Pleading | |
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| Types of Pleadings | |
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| Pleading Requirements | |
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| Code Pleading | |
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| Pleading a Cause of Action: A Definition | |
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| The Uncertain Meaning of "Facts" in the Code-Pleading System | |
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| Challenges Based on Indefiniteness, Ambiguity, or Uncertainty | |
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| Notice Pleading | |
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| The Basic Requirements of Notice Pleading | |
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| Adjustment of Federal and State Courts to Notice Pleading | |
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| Special Rules for Specific Cases and Facts | |
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| The Role of Motions to Clarify Pleadings | |
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| Truthfulness in Pleading | |
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| Devices to Assure Candor in Pleading | |
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| Alternative and Inconsistent Allegations | |
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| Ability to Assert Alternative and Inconsistent Allegations | |
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| Method of Asserting Alternative and Inconsistent Allegations; Incorporation of Allegations by Reference | |
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| The Complaint | |
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| Format Requirements; The Basic Elements of the Complaint | |
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| Pleading a Right to Relief | |
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| Special Problems of Pleading in Specific Cases | |
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| The Answer | |
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| General Rules | |
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| Admissions | |
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| Denials | |
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| Affirmative Defenses | |
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| The Reply and Subsequent Pleadings | |
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| The Propriety of Pleadings Beyond the Complaint and Answer | |
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| Challenges to Pleadings | |
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| Devices for Attacking the Substantive Sufficiency of the Pleadings | |
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| Devices for Challenging Uncertainty or Ambiguity | |
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| Devices for Challenging Form and Other Procedural Irregularities | |
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| Consequences of a Ruling on a Challenge to the Pleadings | |
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| Amended and Supplemental Pleadings | |
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| Amendments: In General | |
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| Amendments and the Statutes of Limitations | |
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| Supplemental Pleadings | |
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| Joinder of Parties and Claims | |
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| In General | |
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| History and Policy Behind Party and Claim Joinder | |
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| Consolidation, Separation, and Severance | |
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| Parties to the Action | |
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| Who Is a Proper Party-Real Parties in Interest, Capacity to Sue, and Standing | |
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| Permissive-Party Joinder | |
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| Compulsory-Party Joinder | |
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| Claims | |
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| The Standard for Claim Joinder-In General | |
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| Counterclaims | |
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| Cross-Claims | |
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| Third-Party Practice (Impleader) | |
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| Intervention | |
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| Discovery | |
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| Introduction | |
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| History, Purposes, and Techniques of Modern Discovery | |
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| Scope of Discovery | |
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| Scope-In General | |
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| Discovery Prior to the Commencement of the Case | |
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| Privileged Matters | |
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| Material Prepared for Litigation-The "Work-Product" Doctrine | |
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| Expert Information | |
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| The Mechanics of Modern Discovery Devices | |
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| Mandatory Planning Conference | |
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| Oral Depositions and Depositions on Written Questions | |
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| Written Interrogatories | |
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| Requests for Admission | |
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| Discovery and Production of Property | |
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| Physical and Mental Examinations | |
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| Special Rules and Problems Regarding the Details and Scope of Discovery | |
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| The Duty to Supplement Responses | |
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| Discovery Directed to Nominal Parties | |
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| Controlling Harassment or Oppression: Protective Orders | |
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| Sanctions and Motions to Compel Response | |
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| Use of Discovery at Trial | |
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| Use of Discovery at Trial | |
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| Public Access to Discovered Information | |
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| Court Control of Discovered Information | |
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| The Pretrial Conference | |
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| Nature and Purposes of a Pretrial Conference | |
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| Procedural Aspects of the Pretrial Conference | |
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| The Pretrial Order | |
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| Adjudication Without Trial | |
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| Summary Judgment | |
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| History and Purpose | |
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| Procedure for Obtaining a Summary Judgment | |
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| The Standard for Determining Whether to Grant a Summary Judgment | |
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| Default Judgment | |
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| The Entry of Default and Default Judgment | |
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| Dismissals | |
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| Voluntary and Involuntary Dismissals | |
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| The Trial Process | |
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| A General Description | |
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| The Law of Evidence | |
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| Jury Trial | |
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| Introduction | |
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| The Origins and Role of Jury Trial in Modern Society | |
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| The Judge-Jury Relationship | |
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| The Right to Jury Trial | |
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| The Right to Jury Trial-In General | |
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| Jury Trial in the Federal Courts-The Seventh Amendment and the Historical Test | |
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| Problems of Law and Equity in the Federal Courts-Modern Developments | |
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| Jury Trial in the Federal Courts-Statutory Causes of Action | |
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| Jury Trial in State Courts-The New York Approach | |
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| Problems of Federalism | |
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| Procedure for Obtaining Jury Trial | |
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| Trial by Jury | |
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| Selection and Composition of the Jury | |
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| Size of the Jury and the Requirement of Unanimity | |
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| Verdicts and Judgments | |
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| Decisionmaking | |
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| The Verdict: Its Entry and Form | |
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| Findings and Conclusions in Nonjury Cases | |
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| Attacks on Verdicts and Judgments | |
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| Directed Verdicts and Judgments Notwithstanding the Verdict (Judgments as a Matter of Law) | |
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| Motions for New Trial | |
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| Juror Misconduct and Impeachment of the Verdict | |
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| Motions to Alter the Judgment or for Relief From the Judgment | |
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| Appeals | |
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| Appealability | |
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| The Timing of Appeals-The Final-Judgment Rule | |
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| Judicial Exceptions to the Final-Judgment Rule | |
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| Statutory Exceptions to the Final-Judgment Rule | |
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| Reviewability | |
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| The Nature and Scope of Review | |
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| Former Adjudication | |
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| Overview and Terminology | |
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| Distinguishing Between Res Judicata and Collateral Estoppel-Claim and Issue Preclusion | |
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| Res Judicata-Claim Preclusion | |
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| General Principles Underlying Res Judicata | |
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| The Scope of Res Judicata-What Is a Claim or Cause of Action | |
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| The Scope of Res Judicata-Some Applications | |
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| The Scope of Res Judicata-The Effect of Res Judicata on Defendant's Assertions | |
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| Requirements for the Application of Res Judicata | |
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| Exceptions to the Application of Res Judicata | |
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| Collateral Estoppel-Issue Preclusion | |
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| General Principles Underlying Collateral Estoppel | |
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| The Scope of Collateral Estoppel-Defining an Issue | |
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| Requirements for the Application of Collateral Estoppel | |
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| Exceptions to the Application of Collateral Estoppel | |
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| Who Can Be Bound | |
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| General Principles Governing Who Is Bound | |
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| The Doctrine of Mutuality | |
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| Intersystem Problems of Former Adjudication | |
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| Principles Governing Judgment Recognition Across System Lines | |
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| Securing and Enforcing Judgments | |
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| Overview | |
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| Provisional Remedies | |
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| Attachment | |
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| Civil Arrest | |
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| Preliminary Injunctions | |
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| Temporary Receivers | |
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| Notice of Pendency | |
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| Enforcement of Judgments | |
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| Executions and Levies | |
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| Contempt | |
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| Specialized Proceedings: Class Actions, Derivative Suits, and Interpleader | |
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| Class Actions | |
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| In General | |
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| Purpose and History | |
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| Prerequisites | |
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| Federal Class-Action Prerequisites | |
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| State Class-Action Prerequisites | |
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| Personal and Subject-Matter Jurisdiction Requirements | |
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| Special Procedures and Problems | |
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| Procedures in Class Actions | |
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| Notice | |
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| Dismissal and Compromise | |
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| Binding Effect of a Class-Action Judgment | |
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| Shareholder-Derivative Suits | |
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| Shareholder-Derivative Suits | |
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| Interpleader | |
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| Purpose and History | |
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| Modern Interpleader: Practice and Procedure | |
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| Jurisdiction and Venue | |
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| Federal Injunctions Against Other Judicial Proceedings | |
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| Researching Civil Procedure | |
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| Table of Cases | |
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| Table of Statutes and Rules | |
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| Index | |