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CIV PRO

SELECTING THE PROPER COURTS 1. Applying the Jurisdictional Tests a. Long Arm Provision b. Constitutional Test i. Is there a contact 1. Was contact purposeful 2. Are contacts related to the claim 3. Is jurisdiction forseeable ii. Fairness Factors 1. Burden on D 2. Interest in the Forum State 3. Ps interest in Forum State 2. Federal Jurisdiction Basic Rule- Exists if two requirements are satisfied a. Complete Diversity Rule- No P is a citizen of the same state as ANY D b. Amount in controversy exceeds $75,000 i. Must be clear to a legal certainty that the amount recoverable doesnt exceed $75,000. (Must have good faith allegation). You can aggregate claims together. c. Multiple Claims i. Fed Court must have subject matter jurisdiction over EVERY claim asserted. ii. Supplemental Jurisdiction1. Allows Fed court to entertain claims with no basis of being in Fed Court b/c theyre joined with related claims over which no S.M.J. as long as they stem from same case or controversy. 2. Doesnt exist if: a. Claim A is based in Fed Court solely on Diversity Jurisdiction b. Claim B is a claim: i. By the P ii. Against the parties other than the diverse defendant iii. Assertion of claim b would be inconsistent with the complete diversity and amt in controvery req of the diversity statute. 3. Application of Supp Jurisdiction is easier if we distinguish btwn: a. Claims by P b. Claims by any other party c. b/c there are diff reqts 4. Supp Jurisdiction over claims Asserted by a P against Joined Parties a. Supp claim must to related to a claim within the fed courts S.M.J. and

b. The other claim must be a Federal Question Claim. 5. Discretion a. Court has discretion NOT to hear claims if: i. Fed question is dismissed before trial ii. State law claim is complex iii. State law issues would predominate substantially d. Removal i. Allows Defendants (ONLY) to remove a state case and transfer it to Federal. 1. All Ds have to agree to its removal. ii. Test 1. Removable if case could have been maintained in federal court a. Federal Subject Matter Jurisdiction iii. Exceptions 1. Ds citizenship- No removal jurisdiction if any D is a citizen of forum state 2. Time Limit- Cannot be removed more than ONE year after case was filed iv. Procedure 1. Notice- D files notice of removal stating grounds of removal and attaching all docs served on D in state action. 2. Timing a. Always remove within 30 days of case becoming removable b. No removal more than 1 year after commencement. 3. Venue a. Venue for South Carolina Courts i. Actions Against Resident Individuals must be brought in county: 1. Where D resides at time action arose 2. Where substantial part of act or omission occurred ii. Actions Against Non-Residents 1. Where most substantial part of act or omission occurred 2. Where P resides at time action arose iii. Actions Against SC Businesses 1. Where principal place of business is at time of cause of action 2. Where most substantial part of the act or omission occurred iv. Actions Against Foreign Business Entities Licensed In SC 1. Where most substantial part of act or omission occurred 2. Where business entity has its principal place of business v. Actions Against Foreign Business Entities Not Licensed in SC 1. Where most substantial part of act or omission occurred. 2. Where P resides (person) or principal place of business 3. Where foreign entity has its principal place of business vi. A Business Entities Principal Place of Business means: 1. Corps home office is within the state

2. If not, location of corps manufacturing, sales, purchasing facility within state 3. If not, location at which the majority of corp activity takes place vii. Multiple Ds 1. When all joined in same action, P brings where ANY D resides 4. Change of Venue a. Federal Court i. Court may transfer to another federal district court based on: 1. Convenience of parties 2. Convenience of witnesses 3. Interest of Justice b. SC Court Changing Venue i. The Chosen Venue is Improper: 1. On motion of D, court MUST transfer to proper court 2. The court MAY transfer to another county if its found: a. A fair and impartial trial cannot be had where filed b. Conv. Of witness & ends of justice would be promoted outside

NOTICE & PLEADINGS 1) Service of Process a. Delivery of Summons and Complaint. b. Reqd. for court to have jurisdiction over the party served. i. Service in Federal District Court 1. Waiver of Service a. Send to D by mail i. The summons and complaint ii. Request for Waiver or Service iii. Waiver of Service Form iv. Prepaid Return Envelope b. If D waives service, he has 60 days from complaints mailing to answer c. If service isnt waived, D must pay costs P incurs by serving 2. Actual Service a. If D doesnt respond in 30 days, P proceeds with actual service. 3. Manner of Service a. On Individuals i. Personal Delivery ii. Pursuant to law of state where court is located iii. Pursuant to law of state where service occurs b. On Corps

i. Pursuant to law of state where court is ii. Pursuant to law of state where service occurs iii. By delivery to officer or agent