Preface

Introduction to Civil Procedure and Practice

The Role of Civil Actions in the Administration of Justice

The Substance-Procedure Distinction

The Adversary System

Alternative Dispute Resolution

The Historical Evolution of Civil Procedure

Subject-Matter Jurisdiction

The Nature of Subject-Matter Jurisdiction

Subject-Matter Jurisdiction of the State Courts

Subject-Matter Jurisdiction of the Federal Courts

Venue

Transitory and Local Actions

Venue in State Courts

Venue in Federal Courts

Forum Non Conveniens and Change of Venue

Personal Jurisdiction and Service of Process

Development of Territorial Rules of Personal Jurisdiction

The Operation of the Territorial Rules

Fictional Evolution of the Presence and Consent Tests for Personal Jurisdiction

The Development of Modern Restrictions on State-Court Jurisdiction: The Minimum Contacts Test

The Status of the Territorial Rules of Jurisdiction After International Shoe

The Reaction of the States to the Minimum Contacts Test: Long-Arm Statutes

The Content of the Minimum Contacts Test

Application of the Minimum Contacts Test to Specific Cases

Jurisdiction by Necessity

Notice

Service of Process

Special Problems of Amenability to Process in Federal Court

Sources of Law

The Separation-of-Powers Doctrine

Conflict-of-Laws Problems in a Federal System

The Doctrine of Swift v. Tyson

The Erie Doctrine

The Evolution of the Erie Doctrine: Conflicts Between State Law and Federal ``Common-Law'' Procedural Rules and Practices

The Evolution of the Erie Doctrine: Conflicts Between State Law and Federal Rules of Civil Procedure

Determination of State Law

Federal Common Law

Pleading and Related Matters

Common-Law Pleading

Pleading in Equity

Code Pleading

Federal Rules Pleading

Verification and Good Faith Pleading

Provisional Remedies

Joinder of Claims

Joinder of Claims by Plaintiffs at Common Law and in Equity

Joinder of Claims by Plaintiffs Under the Codes

Joinder of Claims by Plaintiffs Under the Federal Rules

Joinder of Claims by Defendants at Common Law and in Equity

Counterclaims and Cross-Claims Under the Codes

Counterclaims and Cross-Claims Under the Federal Rules

Joinder of Parties

Basic Joinder of Parties Rules in Common-Law and Equity Actions

Basic Party Joinder Provisions of the Codes

Basic Party Joinder Provisions of the Federal Rules

Special Joinder Devices

Discovery and Pretrial Conferences

Development of Modern Discovery

The General Scope of Discovery Under the Federal Rules

Required Disclosures Under the Federal Rules

The Discovery Planning Meeting, Timing, Sequence, Priority, Limits, and Certification

Oral Depositions

Depositions upon Written Questions

Interrogatories to Parties

Production of Documents, Entries on Land, Testing, and Sampling

Compulsory Physical and Mental Examinations

Requests for Admission

Depositions and Other Discovery Before Commencing an Action or Pending An Appeal

Depositions in Foreign Countries

Use of Discovery at Trial

Pretrial Conferences and Orders

Disposition of the Action Without Trial

Default Judgment

Judgment on the Pleadings

Summary Judgment

Voluntary Dismissals

Involuntary Dismissals

Miscellaneous Methods of Disposing of the Action Without Trial

Trial

The Trial Calendar and the Trial Date

Nature and Order of a Trial

Trial by Jury in Anglo-American Law

The Right to Trial by Jury in a Merged System: The Basic Approaches

The Right to Trial by Jury in a Merged System: Operation of the Historical and Modern Federal Approaches

Right to Trial by Jury Versus Mere ``Incidents'' of the Right

The Right to Trial by Jury in Complex Cases

Involuntary Dismissals, Directed Verdicts, Burden of Proof, and Presumptions

Evidence

Variance and Amendments at Trial

Jury Instructions

Verdicts and Findings by the Court

Judgment

Post-Trial Motions, Appellate Review, and Extraordinary Relief From Judgments

Post-Trial Motions

Appellate Review

Appellate Procedure

Scope of Review

Harmless Error

Extraordinary Relief from a Judgment

Finality in Litigation

Introduction

Claim Preclusion

Issue Preclusion

Claim and Issue Preclusion on Questions of Subject-Matter and Personal Jurisdiction

Complications Produced by the Federal System

Other Preclusion Doctrines: Stare Decisis and Law of the Case

Table of Cases

Index