Federal Civil Procedure Overview

Civil Procedure Overview

MBE Civil Procedure questions focus ~30% on Jurisdiction and ~30% on Motions (pre-trial/post-trial).

I. Jurisdiction and Venue

A. Subject Matter Jurisdiction (SMJ)

Court's power over case type. Federal Courts hear:

1. Diversity of Citizenship Cases: Amount in controversy exceeds $75,000 (excluding interest/costs) AND action is between citizens of different states/countries.

• Amount in Controversy:

• Plaintiff's good faith claim controls, unless legal certainty it won't exceed $75,000.

• Aggregation:

• One Plaintiff vs. one Defendant: can aggregate all claims.

• One Plaintiff vs. multiple Defendants (joint claim): total value can be used.

• Citizenship: