Definition: Power of a State or Federal court over the subject matter of the action

1. Superior Courts: Original and General Jx over all kinds of actions

2. Except: If there is Exclusive  Jx in some other forum. (Justice of the Peace $10,000 or less)

1. Courts of limited Jx

A. Arising Under Federal Law

1. Created by Federal Law

2. Created by state law but depends on substantial Federal Q

3. Must appear on P's COA

B. Diversity

1. Complete Diversity

a. Minimal Diversity in Interpleader or Class Actions with 100 or more Ps who thegether seek more than $5 million.

2. Exceeds 75k

a. Value sought by 1 P must fully exceed 75k

C. Supplemental

1. If court has Jx over one claim but not another, they have discretion to assert Jx over both claims if they derive from Common nucleus of operative fact.

2. Exeption: If only basis of Jx is diversity, then P cannot use Supp. Jx to bring in additional claims against non-diverse parties.

1. Individuals: Domicile (true home and where they intend to reman or return when lawsuit is filed.

2. Corporations: State of incorporation AND principle place of business

3. Unincorporated (LP, LLC, Agency): Every member counts as a separate domiciled person

4. Alien non-permanent Resident: Pure alien may sue non-alien and there will be diversity, but pure alien cannot sue another pure alien on diversity grounds.

5. Alien permanent resident: Considered a domiciled resident.

6. American Citizen domiciled outside USA: Cannot sue or be sued based on diversity

Within 30 days of service of complaint, D may remove an action from state court to federal court that geographically embraces state court if there is federal Jx over removed claims.

Exception: If the only basis for Jx is diversity, there can be no removal if any D is a citizen of state where the action is filed.

The Erie Doctrine

(Choice of Law in Federal Court)

1. When there is diversity or supplemental Jx AND there is a conflict between a provision of state law and a provision of Federal law:

A. If the conflict involves a Federal statute, rule of Civil Pro, Rule of Evidence, or involves an issue of trial by jury = Federal

B. If not = state law governs where conflict would alter outcome of the case.

1. Always apply AZ rules of Civ. Pro.

2. Apply substantive law of state with most significant relationship to the lawsuit.

3. But AZ honor the parties' choice of law preference.

1. The Power of AZ courts over D's person or Property.

A. AZ law must grant PJ

1. Consent

a. Express Consent

i. D. appoints agent in AZ to accept process on its behalf

ii. D. enters a K with a term consenting to PJ over it

iii. D. consents

b. Implied Consent

i. if D fails to object to PJ in first response to complaint, he waives objection.

ii. Must file response within 20 days of in-state service and 30 days of out of state service (in federal court, 21 days for both), but 60 days if you waive formal process.

2. Presence (3 Ds)

i. Dancing:Actual, voluntary, physical presence in AZ while served

ii. Domicile: if D's true home is in AZ and he intends to return

iii. Doing business: Regular, systematic, continuous, ongoing business in the state (not mere solicitation).

3. Long-Arm

i. D has caused an event to occur in AZ from which lawsuit derives.

B. AZ law must be Constitutional

1. If D engaged in such minimum contacts that it would not offend traditional notions of fair play and substantial justice.

i. Has D purposefully availed itself to AZ or could it reasonably expect to be sued in AZ state court.

C. Absent Fed. Statute that expressly grants PJ, a Fed. court merely applies PJ law of the state where it sits.

1. Lack of Jx or subject matter

2. Lack of PJ*

3. Improper venue*

4. Insufficient process*

5. Insufficient service of process*

6. Failure to state a claim upon which relief can be granted.

*Will be waived if not made by motion prior to answer or not raised in answer.

All other defenses may be raised by any subsequent motion for judgment on the pleadings or at trial on the merits in spite of any previous motions that may have been made.

*Process is constitutional if it is reasonably calculated to appraise interested parties of litigation 

1. Abode: Authorized Process server leaves process at D's last and usual abode with someone resideing therein of suitable age (12) and Discretion.

2. Waiver: P mails complaint to D with request to waive.

3. Agent: Authorized, managing, or partner agent is personally served.

4. State Publication: must file affidavit swearing 1. D owns real property in AZ OR 2. after due inquiry, D cannot be served in any other way. P must mail process to last known address if known, then publish in reliable source once a week for 4 weeks.

A. No Federal rule for publication, but may barrow any allowable method in state where it sits.

5. Personal: Authorized process server makes in hand delivery on person or D in vicinity (wingspan) of a reluctant D.

1. Any D resides (domicile, if all D's reside in same state), OR

2. Substantial part of the claim arose.

1. Venue is Proper in County where any D resides

2. Exceptions (DELTA)

A. Divorce: P's residence

B. Entity: Where any D resides and where COA arose.

C. Land: Only in county where land is located.

D. Transaction: Where D resides and where transaction was made or performed.

E. Absent D's: If no D resides in AZ, then any county.

3. Improper Venue

A. Must object in first response by making motion to transfer, which will be granted at court's discretion for convenience of witnesses/parties and in interest of justice.

1. Complaints

A. generally need not contain facts, but a short and plain statement giving the opposing side notice of the bais for the claim and of it's general nature.

1. Fraud claims must be pled with particularity (Facts)

2. Responsive pleadings 

A. 20 days in state, 30 out of state (21 in federal court for both), 60 if D waives formal process.

B. Must be filed within same time limit of First response.

1. Dismiss for lack of PJ

2. Dismiss for improper Service of Process

3. Motion challenging venue

3. Amendments

A. Shall be granted freely to do justice and assert the merits

B. Relation-Back Amendments to conform to SOL.

1. New Claims relate back if they derive from same transaction as original timely filed claims.

2. New Parties relate back if 1. Claims involving parties drive from same transaction as original timely filed claims  and 2. Brand new party must have acquired knowledge that but-for mistake in name, it would have been sued.

i. Knowledge must have occurred within 120 days of filing original timely complaint.

1. Claims: P may join as many claims as it has against D regardless of whether there is any connection between those joined Claims

2. Parties: So long as claims involving those parties derive from same transaction or occurrence, or at least the same series of such.

3. Counter-claims

A. Permissive claims can be filed

B. Compulsory claims must be filed

i. Federal court must assert Supplemental Jx over Compulsory counter-claims.

4. Impleader: A D may implead a brand new claim against a brand new 3rd party if 3rd party maybe liable to D for all (indemnity) or part (contribution) of D's same liability to P.

5. Interpleader: Holder of a common fund may initiate a lawsuit as a P and interplead to join as D's all rival claimants to its common fund (i.e. Insurance companies)

A. Minimum Diversity: if any 2 of rival claimants are from different states and anything over $500.

6. Intervention: In moving to intervene in ongoing lawsuit as a non-party

A. Intervener has a right to intervene if it has interest which as a practical matter will be adversely affected by lawsuit and unprotected by parties.

B. Judges have discretion to grant permissive intervention if commonality of issues between those in lawsuit and interveners.

Indispensable parties: Non-party who cannot be joined as a party and whose absence is so prejudicial to parties right to full and fair adjudication that Court in equity and good consience has no choice but to dismiss entire lawsuit for failure to join indispensable party.

An action in which a named P represents a class of commonly situated absent Ps.

1. Federal Courts have Jx over Class actions with 100 or more Ps who together seek more than 5 million if any single P is from different state than any single D.

2. Requirements  (CANT)

A. Commonality: Common issues of fact or law.

B. Adequacy: Named P and Class counsel must adequately protect class interests

C. Numerosity: Class must be so numerous that joinder would be impracticable.

D. Typicality: Claims of named P must be typical of class

E. Predominance: For class actions seeking $, must show that common issues pre-dominate over individual issues

F. Superiority: For class actions seeking $, class action device is superior method of adjudicating multiple claims. Class must receive notice and chance to opt. out.

Material is discoverable if Method is proper AND within scope of discovery.

1. Methods

A. Zlaket Rules of Automatic Prompt Disclosure: Each side must automatically and promptly disclose:

a. All factual and legal basis to claims or defenses

b. all potential testifying witnesses

c. all relevant documents

d. damages computation

e. Relevant insurance coverage.

B. Limits on Traditional Methods

a. Deposition is only method that can be used on a non-party

b. Request for a physical or mental exam is only method requiring court order which will be given upon good cause shown.

C. Duty to Supplement within 30 days of discovery and 60 days before trial.

2. Material is within scope if relevant and not privileged.

A. Relevant to any part of any claim and need not be admissible at trial

B. Privileged

a. Work Product is material which has been prepared for litigation and not in the ordinary course of business.

i. Atty's mental impressions of any kind are never discoverable

ii. All other forms generally not discoverable unless a showing of substantial need such that you would suffer undue hardship without it.

1. Arizona Motion to Change Judges: Each side has a right to change judge once for no cause, but before judge has resolved significant legal rights and in any event 60 days before trial.

2. Motion for Voluntary Dismissal: P has the right to take one voluntary dismissal w/out prejudice to re-file, but before answer is served.

3. Summary Judgment: Motion will be granted if there is no genuine issue of material fact for trial such that judgment becomes proper as a matter of law.

A. In Federal court, burden transfers to non-moving party to demonstrate genuine issue of fact.

4. Judgment as a matter of law (Directed Verdict): After adversary has rested its case, this motion maybe filed and will be granted if there is a legally insufficient evidentiary basis from which a reasonable jury could find for non-moving party.

5. Renewed Motion for Judgment as a matter of law (JNOV): After verdict, you can renew directed verdict if you made one before.

6. New Trial: Granted in court's discretion for errors at trial that affected parties' substantial trial rights OR verdict was merely against manifested weight of evidence.

7. Right to trial by Jury: Must file by written demand within 14 days of service of the last pleading containing or responding to the jury triable claim OR before judge decides what the trial day will be.

A. A consitutional right if claim seeks primarily $ damages

A formal offer to settle the case of a certain amount with sanctions attached. If offeree rejects and does not do better at trial, then sanctioned by having to pay other side's costs at the time of offer.

D's will suffer a DJ if they fail to respond to the complain in timely manner.

In Arizona, 1. application for default must be offered by P, 2. Notice  to D of application must be given to D, 3. Entry of default , 4. 10 days given to D to appear and contest entry, 5. Judgment on liability alone, 6. prove up damages at prove up hearing, and limited to amount alleged in complaint.

Within a reasonable time after DJ, motion to vacate maybe filed and will be granted liberally for good cause shown.

Within 6 months of judgment, D may seek motion if there is 

Merit to the claim or Defense

Equity demands relief (fraud, perjury)

New Facts have come to light that casts doubt

Due Diligence 

1. Res Judicata: a claim which has been fairly and fully litigated to a final judgment on the merits cannot be re-litigated by parties.

2. Collateral Estoppel: An issue which has been " " as a party of the final judgment on the merits " ".

3. Finality: Parties, but only parties, are barred from re-litigating claims or issues which they have already litigated to final judgment on the merits.

Only final orders (orders that leave nothing left to be done in the lower court) maybe appealed.

Exceptions

1. An order that resolves some claims against some parties but not against all may be appealed if lower court finds no just reason to delay appeal.

2. Discretion if both trial and appellate court find doubt about the order controlling a legal issue such that appellate review would materially advance litigation.