CIVIL PROCEDURE FALL 2003 SECTION F CLASS 10 September 14, 2005.

Slides:



Advertisements
Similar presentations
Voters and Voting Behavior. The Right to Vote The power to set suffrage qualifications is left by the Constitution to the states. Suffrage and franchise.
Advertisements

CIVIL PROCEDURE CLASS 5 (9/4/01) SERVICE OF PROCESS Columbus School of Law The Catholic University of America Professor Fischer.
C. 4 Lawyer's Duty of Confidentiality1 Professional Responsibility Ch. 4 The Lawyer’s Duty of Confidentiality Ch. 4 The Lawyer’s Duty of Confidentiality.
CIVIL PROCEDURE 2001 Class 6 September 6, 2001 Professor Fischer.
Civil Litigation I Parties & Jurisdiction Not that kind of party!
FLOW CHART 1 Foreign Reciprocating Country (FRC) Seeks Paternity Establishment Through State IV-D Agency When Noncustodial Parent (NCP) is Living on a.
CIVIL PROCEDURE – LA 310. FEDERAL AND STATE COURT SYSTEMS.
U.S. Government Unit K: The Judicial Branch Chapter 18 The Federal Court System.
Outpatient Services Programs Workgroup: Rights of the Individual July 23, 2014.
PUBLIC RECORDS DISPUTE RESOLUTION PROCEDURE SCOTT R. SWIER ASSISTANT ATTORNEY GENERAL.
United States District Court Process Summons and Complaint Page 73.
Advanced Civil Litigation Class 6Slide 1 Steps in Filing a Complaint First, the necessary complaint must be prepared. Make sure you attach the: First,
DESTINY SAHAGUN STEVEN MAGNONE METHOD OF SERVICE.
Unit 2 Seminar Slides Instructor: Brian Craig
 Must be “interested person”  §  Defined in § (7) ▪ Beneficiary ▪ Trustee ▪ Others affected by the trust ▪ Settlor? ▪ Attorney general.
COPYRIGHT LAW 2006 Columbus School of Law The Catholic University of America Prof. Fischer March
Chapter Six Laws: Civil vs. Criminal. Criminal & Civil Laws Substantive Laws: laws that define our rights and obligations Procedural Laws: laws that dictate.
EService Process Descriptions. COSCA/NACM Standards for Electronic Filing Processes Technical and Business Approaches Section 1.2A Court rules may provide.
CIVIL PROCEDURE CLASS 38 Professor Fischer Columbus School of Law The Catholic University of America November 18, 2005.
Tuesday, Aug. 26. Civil Procedure Law 102 Section 1.
CIVIL PROCEDURE CLASS 17 Professor Fischer Columbus School of Law The Catholic University of America September 30, 2005.
CIVIL PROCEDURE 2002 Class 8 September 13, 2002 Professor Fischer.
WRAP UP: Termination Know the difference between s. 203 and s. 304(c)
Ancillary Process Process which is in aid of or incidental to the principal suit or action. ─ Blacks Law Dictionary.
Tues. Oct. 29. venue in federal court Sec Venue generally (b) Venue in general.--A civil action may be brought in-- (1) a judicial district.
Wed., Oct. 15. venue in federal court Sec Venue generally (b) Venue in general.--A civil action may be brought in-- (1) a judicial district.
Following a Case Through the Federal Courts. Overview A case begins when a lawyer or individual files a formal complaint with the clerk’s office of District.
Service to Business Entities Texas Business Organizations Code Page 12.
Civil Procedure 2005 Class 28: Subject Matter Jurisdiction: Aggregation and Supplemental Jurisdiction Oct. 31, 2005 HAPPY HALLOWEEN!!
CIVIL PROCEDURE CLASS 39 Professor Fischer Columbus School of Law The Catholic University of America November 21, 2005.
The Judicial Branch Chapter 18.
Justice Miers? §This morning at 8 a.m., President Bush announced he was nominating White House Counsel Harriet Miers to the United States Supreme Court.
Thurs. Nov. 1. waiver of defenses FRCP 12(g) Joining Motions. (1) Right to Join. A motion under this rule may be joined with any other motion allowed.
Mon. Sept. 10. service Rule 55. Default; Default Judgment (a) Entering a Default. When a party against whom a judgment for affirmative relief is sought.
CIVIL PROCEDURE Fall 2002 SECTIONS A & G: CLASS 5 Columbus School of Law The Catholic University of America Professor Fischer September 6, 2002.
COPYRIGHT LAW 2001 Columbus School of Law The Catholic University of America Prof. Fischer Class 19 (MARCH 26, 2002)
CIVIL PROCEDURE CLASS 28 Professor Fischer Columbus School of Law The Catholic University of America November 29, 2001.
CIVIL PROCEDURE SECTION F CLASS 13 Professor Fischer Columbus School of Law The Catholic University of America Sept. 21, 2005.
Civil Procedure 2003 Class 30: Subject Matter Jurisdiction: Aggregation and Supplemental Jurisdiction Nov
42 U.S.C. Section 7418(a), of the federal Clean Air Act “Each department, agency, and instrumentality of the executive, legislative, and judicial branches.
CIVIL PROCEDURE CLASS 9 Professor Fischer Columbus School of Law The Catholic University of America Sept. 16, 2002.
Going to Small Claims Court Barret Brown Small Claims Advisor and Civil Self-Help Attorney
CIVIL PROCEDURE CLASS 7 Professor Fischer Columbus School of Law The Catholic University of America Sept. 13, 2001.
Civil Procedure 2005 Class 31: Subject Matter Jurisdiction: Supplemental Jurisdiction II, Removal Nov. 2, 2005.
CIVIL PROCEDURE CLASS 18 Professor Fischer Columbus School of Law The Catholic University of America October 8, 2003.
CIVIL PROCEDURE CLASS 17 Professor Fischer Columbus School of Law The Catholic University of America October 4, 2002.
CIVIL PROCEDURE CLASS 22 Professor Fischer Columbus School of Law The Catholic University of America October 16, 2002.
CIVIL PROCEDURE CLASS 14 Professor Fischer Columbus School of Law The Catholic University of America Sept. 27, 2002.
THE CRIMINAL CASE IN JUSTICE COURT Janet Marton Senior Assistant County Attorney Office of VINCE RYAN County Attorney
The Federal Courts and the Judicial Branch. Section 2: Lower Federal Courts Chapter 8: The Federal Courts and the Judicial Branch.
CIVIL PROCEDURE CLASS 16 Professor Fischer Columbus School of Law The Catholic University of America Sept. 28, 2005.
Tues. Sept. 11. service service on individuals 4(c) Service. … (2) By Whom. Any person who is at least 18 years old and not a party may serve a summons.
CIVIL PROCEDURE FALL 2005 SECTIONS C & F CLASS 22 DISCOVERY III.
CIVIL PROCEDURE CLASS 4 SUBJECT MATTER JURISDICTION I – Federal Question Jurisdiction Professor Fischer Columbus School of Law The Catholic University.
CIVIL PROCEDURE CLASS 10 Professor Fischer Columbus School of Law The Catholic University of America Sept. 18, 2002.
CIVIL PROCEDURE FALL 2003 CLASS 3 (8/29/03) STAGES AND ESSENTIAL CONCEPTS OF A CIVIL ACTION Columbus School of Law The Catholic University of America Professor.
GOVERNMENT LAWYER’S REPRESENTATION OF GOVERNMENT EMPLOYEES Craig E. Leen City Attorney City of Coral Gables *** With special thanks to Yaneris Figueroa,
Wed., Sept. 10. service service when defendant is an individual.
INTRODUCTION TO THE COURT SYSTEM
Tues., Sept. 9.
Thurs., Sep. 21.
Mon., Sep. 25.
Wed., Sept. 7.
4.            P sues D under federal antitrust law in the Federal District Court for the District of Connecticut. D defaults and P gets a judgment of $80,000.
Tues., Sept. 10.
Thurs., Sept. 8.
Thurs., Oct. 11.
Introduction to GAP Associate Program
Mon., Sept. 9.
FLOW CHART 1 Foreign Reciprocating Country (FRC) Seeks Paternity Establishment Through State IV-D Agency When Noncustodial Parent (NCP) is Living on a.
Presentation transcript:

CIVIL PROCEDURE FALL 2003 SECTION F CLASS 10 September 14, 2005

WRAP UP You should know: 1. What service of process is, and what is the purpose for service. 2. Requirements for TIME, DOCUMENTS, IDENTITY OF PROCESS SERVER, MANNER OF SERVICE for individuals TODAY: Rules for corporations and WAIVER OF SERVICE

REVIEW SEPTEMBER a.m. Room 211 CLASS ON MONDAY SEPTEMBER 19 with Diane Adams will be at 3:00 p.m., room TBA

WRAP UP: Requirements for Service of Process When? FRCP 4(m) What? FRCP 4(a), 4(b), 4(c)(1) Who? FRCP 4(c)(2) How? FRCP 4(e), 4(h), 4(d)

SERVICE ON INDIVIDUALS IN U.S. (NOT INFANTS, INCOMPETENTS ) FRCP 4(e) PERSONAL SERVICE LEFT AT DWELLING HOUSE w/ PERSON OF “SUITABLE AGE AND DISCRETION” DELIVERY TO AGENT APPOINTED TO RECEIVE SERVICE- e.g. attorney (if authorized) IN A WAY SPECIFICALLY AUTHORIZED BY APPLICABLE FEDERAL LAW IN A WAY SPECIFICALLY AUTHORIZED BY STATE LAW WHERE DISTRICT COURT SITS OR WHERE SERVICE WILL TAKE PLACE - e.g. service at place of business WAIVER OF SERVICE

SERVICE ON CORPORATIONS (IN THE U.S.) UNDER RULE 4(h) DELIVERY TO OFFICER, MANAGING AGENT, OR GENERAL AGENT DELIVERY TO AGENT appointed to receive service of process (and if statute requires by mailing to D) IN A WAY SPECIFICALLY AUTHORIZED BY FEDERAL LAW IN A WAY SPECIFICALLY AUTHORIZED BY STATE LAW WHERE DISTRICT COURT SITS OR WHERE SERVICE WILL TAKE PLACE WAIVER

WAIVER OF SERVICE What’s waiver of service? Waiver is a way of notifying the D of the action while waiving formal service What provision of the FRCP governs waiver of service? The governing provision is FRCP 4(d). You should be familiar with it.

PROOF OF SERVICE What is proof of service? Which provision of the FRCP governs proof of service? Is it required if service is waived

Pre-answer motions

Bower v. Weisman (CB p. 185) The parties Procedural stage?

Weisman Art Museum University of Minnesota (designed by Frank Gehry)

Bower v. Weisman (CB p. 185) New York CPLR 302(a)(1): PJ may be exercised over a non- domiciliary D where a cause of action arises from D’s transaction of business within the state

Bower v. Weisman (CB p. 210) 12(e) motion 9(b) motion 12(b)(6) motion

Practice Exercise 7 Analyzing the 12(b)(6) and 12(e) motions in Carpenter