CIV PRO II ATTACK
Bockrath Spring 2012
FRCP
Title 28 of the U.S.C.
Rule 4 – Summons
Rule 7 – Pleadings Allowed; Forms of Motions
Rule 8 – General Pleading Matters
Rule 9 – Special Pleading Matters
Rule 10 – Form of Pleadings
Rule 11 – Signing Pleadings, Motions; Sanctions
Rule 12 – Defenses and Objections
Rule 13 – Counterclaims and Crossclaims
Rule 14 – Impleader
Rule 15 – Amended and Supplemental Pleadings
Rule 18 – Joinder of Claims
Rule 19 – Required Party Joinder
Rule 20 – Permissive Party Joinder
Rule 21 – Misjoinder
Rule 22 – Interpleader
Rule 24 - Intervention
Rule 41 – Dismissal of Actions
Rule 55 – Default; Default Judgment
Rule 60 – Grounds for Relief from a Final Judgment
§ 1331 – Federal Question Jurisdiction
§ 1332 – Diversity of Citizenship Jurisdiction
§ 1333 – Admiralty and Maritime
§ 1334 – Bankruptcy
§ 1335 – Statutory Interpleader
§ 1338 – Federal Patents, Trademarks, Unfair Competition
§ 1391 – Venue
§ 1397 – Venue for Statutory Interpleader
§ 1404 – Transfer (from Proper Venue)
§ 1406 – Transfer (from Improper Venue)
§ 1441 – Removal
§ 1446 – Procedure for Removal
§ 1447 – Procedure after Removal
§ 2361 – Personal Jurisdiction for Statutory Interpleader
Federal Question – 28 U.S.C § 1331
 Cases arising under the Constitution, laws or treaties of the United States
Diversity of Citizenship – § 1332
 Amount in question exceeds $75,000
 Must be between:
o Citizens of different states (complete diversity)
o Citizens of a state v. citizens of a foreign state (but if the citizen of a foreign state is lawfully
admitted for permanent residence, can’t be domiciled in the same state as the U.S. citizen). Now
unable to have foreign citizens alone on each side, which violated Article III of the Constitution.
o Citizens of different States and in which citizens of a foreign state are additional parties
o A foreign state v. citizens of a state(s)
 Determining citizenship:
o U.S. citizen – state where domiciled
o Green card holder – state where domiciled
o Citizen of a foreign state not admitted for permanent residence – domicile doesn’t matter
o Corporations – state(s) where incorporated, state where has principal place of business (nucleus)
o Unincorporated entity – citizen of every state where each member is domiciled
Exclusive Subject Matter Jurisdiction
 Admiralty and maritime civil cases (§ 1333)
 Bankruptcy cases (§ 1334)
 Federal patent and copyright cases (§ 1338)
Removal – § 1441
 A defendant can remove a case from state to federal court if the case could have been originally filed in
federal court (there must be federal subject matter jurisdiction).
 EXCEPTION: If the SMJ is based solely on diversity, the case cannot be removed if any defendant is a citizen
of the forum state (plaintiff’s citizenship does not matter).
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Removed to the district court for the district and division encompassing the state court where the action
was originally filed.
If the case involves a federal question claim and a claim not within the original or supplemental jurisdiction
of the district court, the entire action may be removed. The district court then must sever the claims over
which it does not have SMJ. Before court had discretion. Now must sever the claims over which it does not
have original or supplemental jurisdiction. Only the defendants to the federal question claim need consent
to the removal.
The federal court may still hear a claim even though the original state court did not have SMJ before the
case was removed.
No motion is required. Defendant must file in the district court for the district and division a notice of
removal containing a short and plain statement of the grounds for removal (SMJ) and a copy of all process,
pleadings, and orders served upon the defendant(s) in the action. If it is wrongfully removed, the federal
court can remand.
Each defendant has 30 days after receipt of a copy of the initial pleading or of summons upon the defendant
to file a notice of removal. Before if first defendant did not remove, the second defendant was SOL. Now,
they can all still consent within 30 days of the service on the latter defendant.
All defendants must agree to remove the case (unless a claim without federal SMJ will be severed from a
federal question claim).
If a case becomes removable (ex. plaintiff voluntarily dismissed a non-diverse party or the defendant
changes domicile), now have 30 days after receipt by the defendant of a copy of the amended pleading or
motion. Before, had to be removable at the time of filing.
EXCEPTION: If the case is based on diversity of citizenship jurisdiction, it may not be removed if it becomes
removable if more than one year has passed since the action commenced in state court.
Plaintiff may contest removal to have the case remanded to state court. If the federal court does not have
SMJ, can be raised at any time. If on another basis, motion must be made within 30 days of removal.
Venue – § 1391
 To hear a case, there must be personal jurisdiction, subject matter justification, and proper venue (may be
waived).
 SMJ is the power to hear a case. Venue determines the proper district where the plaintiff may bring the
action.
 Determining venue:
1. If all defendants reside in the same state, may lay venue in any district in that state where a
defendant resides. Prevents problem of Ds technically residing in the same state and venue being
laid in an inconvenient forum (ex. corporation resides in two districts, P choses district which is
inconvenient for other D).
2. A district where a substantial part of the events or omissions giving rise to the claim occurred, or
where a substantial part of property that is at issue is situated. Used if Ds don’t reside in the same
state.
3. If no judicial district where can lay venue using 1 or 2, can lay venue in any district in which any
defendant is subject to personal jurisdiction with respect to this action. (ex. claim arose overseas).
 Determining residency:
o U.S. citizen living in the U.S. – district where domiciled
o Aliens lawfully admitted – district where domiciled (Now treated as a natural person. Before
weren’t distinguished from aliens not lawfully admitted)
o U.S. citizens living abroad & aliens not lawfully admitted – any judicial district
o Entity (whether incorporated or not) – any district in which the defendant is subject to personal
jurisdiction with respect to this action. If subject to personal jurisdiction (at the time the action is
commenced) in a state with more than one judicial district, deemed to reside in any district in that
state within which its contacts would be sufficient to subject it to personal jurisdiction if that
district were a separate state (if no such district, in the district where it has the most significant
contacts).
 1404 Transfer
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If the original district court is a proper venue, it may transfer to any district where the suit might
have been brought. Based on convenience of the parties, witnesses, and in the interests of justice
(center of gravity approach).
o Carries to the transferee court the law of the state where the transferor court sat.
o A forum selection clause is a factor to be considered.
o All parties may consent to transfer venue to a district for the convenience of the parties and
witnesses and in the interest of justice, even if the case could not have originally been brought in
that district. Changed in 2012 to allow all parties to consent to an improper venue.
1406 Transfer
o If the original federal district court is an improper venue, the court may transfer in the interest of
justice or dismiss. Court will usually transfer (even if originally lacked personal jurisdiction)
because consistent with the object of removing obstacles impeding adjudication, unless
extraordinary circumstances.
o Generally results in a change of law to the state where the transferee court sits.
Rule 12(b)(3) – Defendant may raise the defense of improper venue within 20 days of service of process
(waivable defense if not raised in first responsive pleading or first Rule 12 motion).
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Motions
 Rule 7
o Motions: A request for a court order. Must be in writing (unless made during a hearing or a trial),
state with particularity the grounds for seeking the order, and state the relief sought. Motions are
not pleadings.
Pleadings
 Rule 7
o Pleadings: Set forth the claims and defenses (ex. complaint, answer, reply). Serve the function of
giving notice to the opposing parties (set the boundaries of the trial). If do not give notice in the
pleadings, risk the evidence being inadmissible (if other party doesn’t consent to the variance).
o Answer: responds to allegations of the complaint and raises new matters through affirmative
defenses. Rule 8(c)(1) requires the defendant to raise affirmative defenses (in order to give notice).
 Rule 8
o 8(a) - Every pleading that contains a claim for relief must contain:
1. A short and plain statement of the grounds for the court’s (subject matter) jurisdiction
2. A short and plain statement of the claim showing that the pleader is entitled to relief
3. A demand for the relief sought
o Pleader must cover the substantive elements of the claim. Bell Atlantic requires that pleaders
include enough facts in the complaint to make it plausible, not merely possible or conceivable, that
they will be able to prove facts to support their claims.
o Challenges legal sufficiency of a complaint by filing a Rule 12(b)(6) motion.
o Only two heightened specificity requirements as set forth in Rule 9.
 9(b) Fraud or Mistake – Must plead circumstances constituting fraud or mistake with
particularity.
 9(g) Special Damages – Must plead special damages (those that do not normally flow from
the event, ex. future medical expenses or emotional distress) with specificity.
o Demand for relief does not limit recovery and does not need to set forth a specific amount. Simply
to give notice of demand sought (whether damages, injunction, specific performance).
o 8(b) Defenses – In responding to a pleading, a party must state in short and plain terms its
defenses to each claim asserted against it, and admit or deny the allegations asserted against it by
an opposing party.
 There are three possible responses to allegations: 1. Admit, 2. Deny (allegations not denied
are deemed admitted, except for amount of damages), or 3. Lack sufficient information to
admit or deny (cannot use if defendant has reasonable access to the information or it is a
matter of public knowledge). A general denial denies each and every allegation in the
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complaint (but only if in good faith can deny all). Specific denial responds to specific
allegations. A qualified general denial is a combination.
8(c) Affirmative Defenses – In responding to a pleading, a party must affirmatively state any
affirmative defense. No penalty for putting a defense in, but if don’t put in pleading, can’t bring up in
evidence. Also, safer to use Bell Atlantic standard for pleading.
Can state conflicting claims or defenses, regardless of consistency.
No technical form required. Pleading to be simple, concise, and direct.
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Rule 10
o Form of pleadings. Caption of any pleading must state the name of the court, title of the case by
parties’ names, and the docket number.
Failure to Plead
o Rule 55
 When a party fails to plead or otherwise defend, the clerk must enter the party’s default (a
notation on the court’s docket sheet that the defendant failed to respond in time). In order to
enforce the default, the plaintiff must get a default judgment. There is no absolute right to a
default judgment – court’s discretion. Once a default judgment is made, the defendant
cannot argue on the merits (but he can use a collateral attack to challenge personal
jurisdiction and make the judgment unenforceable).
 If the claim is for a sum certain (ex. liquidated damages, not just a certain sum), the clerk
must enter judgment for that amount (plus costs against a defendant who has defaulted).
Exception is if against a minor, an incompetent, or if defaulted for anything other than not
appearing.
 Otherwise, party must apply to the court. If party has appeared personally or by a rep., that
party must be served with written notice of the application at least 7 days before the
hearing. If did not appear, no notice, but can still contest personal jurisdiction.
 Plaintiff must still persuade the judge. A default judgment must not differ in kind from or
exceed in amount from what is demanded in the pleadings (Rule 54).
 Court may set aside an entry of default for good cause (not just because you screwed up).
Court may set aside default judgment. Rule 60(b) – Mistake, inadvertence, surprise,
excusable neglect, newly discovered evidence that with reasonable diligence could not have
been discovered in time to move for a new trial, fraud, misrepresentation or misconduct by
an opposing party, judgment is void.
Defenses - Rule 12
 Rule 12 deals only with defenses.
 Either can answer or make a motion within 20 days of service of process.
 12(b) – Gives 7 particular defenses that may be raised either in answer or by motion. 12(h) If make any
Rule 12 motion or answer, those defenses listed in red (12(b)(2)-(5)) that are not included will be waived.
1. Lack of subject matter jurisdiction
2. Lack of personal jurisdiction
3. Improper venue
4. Insufficient process (rarely used)
5. Insufficient service of process
6. Failure to state a claim upon which relief can be granted
7. Failure to join a party under Rule 19 (required party)
 Other Rule 12 motions: Motion for Judgment on the Pleadings (12(c)), Motion for More Definite Statement
(12(e) – a party may move before responding to a pleading that is so vague or ambiguous that a responsive
pleading cannot reasonably be framed. Opposing party then has 14 days to obey, and if doesn’t, court may
strike the pleading), Motion to Strike (12(f) – If a plaintiff wants to file a motion regarding an answer that is
insufficient as a matter of law)
 12(g) – A Rule 12 motion can be joined with any other Rule 12 motion. (Means if don’t include a waivable
defense in your first motion, you are SOL)
 12(h) – Any motion made under Rule 12 triggers a waiver of any waivable defenses if not included in the
motion. Also waived if not included in the responsive pleading. MUST come up in the first response you
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make whether by Rule 12 motion or by answer. EXCEPTION: If you can use rule 15(a)(1) to amend the
answer before trial. You can amend once as a matter of course if within 21 days after serving it, or within
21 days after service of a responsive pleading or service of a motion under Rule 12(b), (e), or (f). 12(b)(6)
& (7) defenses can be made at any time prior to trial or “at trial.” 12(b)(1) can be raised any time (SMJ) –
except on a collateral attack or if already litigated on the issue and lost.
Challenging personal jurisdiction: If relatively sure going to win on the merits (strong case), then use a
direct attack because otherwise cannot contest the merits if the jurisdiction attack fails (advantages – can
contest merits, if prevail, will dismiss; disadvantages – attorney so $, move quickly b/c only 20 days to
respond). Use a collateral attack if strong on the jurisdictional issue. Will enter a default judgment and can
argue the judgment is not entitled to full faith and credit b/c the forum did not have personal jurisdiction.
(advantages – can litigate at home, no rush; disadvantages – can only raise issue of PJ, can’t contest merits,
also could be enforced against property elsewhere).
Dismissals – Rule 41
 Unless dismissal states otherwise, it is dismissal without prejudice.
 By the Plaintiff (voluntary dismissal):
o If opposing party hasn’t answered or filed a motion for summary judgment, P can file a notice of
dismissal.
o Can get a stipulation of dismissal from all parties who appeared. (Smart defendants will make sure
dismissal is with prejudice).
o EXCEPTION: If the plaintiff voluntarily dismissed the suit in federal or state court, a second
dismissal in federal court by notice of dismissal on or including the same claim operates as an
adjudication on the merits.
o If can’t file a notice of dismissal (answer or motion for summary judgment cuts off ability) and can’t
get a stipulation, an action may be dismissed at the plaintiff’s request only by court order, on terms
that the court considers proper (ex. if refilling will prejudice the D, delay, lack of diligence by the P,
extent to which the case has progressed, adequacy of explanation).
 Involuntary Dismissal
o A defendant may move to dismiss the action or claim against it if the plaintiff fails to prosecute or to
comply with these rules or a court order. Rare cases the court may dismiss on its own.
o Unless the dismissal order states otherwise, a dismissal operates as an adjudication on the merits
(EXCEPTION: one for lack of SMJ (12(b)(1)), PJ (12(b)(2)), improper venue, (12(b)(3)) process
(12(b)(4)), service of process (12(b)(5)), or failure to join a party (12(b)(7)). 12(b)(6) Failure to
state a claim upon which relief can be granted does operate as an adjudication on the merits if
involuntarily dismissed.
Sanctions – Rule 11
 Applies to pleadings, motions, and other papers.
 Generally the only way an attorney can violate Rule 11 is to fail to sign.
 Must sign all documents, except for discovery documents, certifying to the best of your knowledge and belief
after an inquiry reasonable under the circumstances.
 Certifying that pleading or motion is not for an improper purpose, legal contentions are warranted by law
(or non frivolous argument law ought to change, have evidentiary support, and things under Rule 8 are not
denied if you know they are true.
 Sanctions are to be for deterrence, not punishment.
 Serve the other side with motion. Other side has 21 days to fix. After that, can file with the court.
Amended Pleadings – Rule 15
 Amended – something was left out. Supplemental – something happened after)
 Before Trial
o 15(a) - A party may amend its pleading once as a matter of course 1. within 21 days after serving it,
or 2. if the pleading is one to which a responsive pleading is required, 21 days after service of a
responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is
earlier.
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In all other cases, need other party’s written consent or the court’s approval. The court should
freely give leave when justice so requires (may jeopardize privilege by undue delay, bad faith,
dilatory motive, failure to cure problems with previous amendment, undue prejudice on other
party, or amendment would be futile).
o Unless the court orders otherwise, any required response to an amended pleading must be made
within the time remaining to respond to the original pleading or within 14 days after service of the
amended pleading, whichever is later.
After Trial
o 15(b) permits a defendant to overcome the general rule that affirmative defenses not pleaded are
waived.
o Variance is the presentation of evidence on a point not covered in the pleadings.
o If other party objects, the evidence is inadmissible because it goes beyond the scope of the
pleadings. However, can seek leave to amend, but tougher standard since already at trial. Will freely
permit an amendment when doing so will aid in presenting the merits and other side cannot show
will prejudice that party’s action or defense on the merits.
o If no objection is made, the pleading is then treated as if it is amended to show the new evidence.
(implied consent). The pleading is amended to conform to the evidence after trial.
Relation Back
o 15(c) – Only needed if a claim that arose from the same conduct, transaction, or occurrence was
omitted from the original pleading and has since prescribed. It must relate back enough to put other
party on notice. If amendment changes a party, it must be made within 120 days, not prejudice the
new party in defending (was put on notice), and that party knew or should have known the action
would be brought but for the mistake about the right party.
Supplemental Pleadings
o 15(d) – A supplemental pleading sets forth events occurring after a pleading is filed. Only allowed
with court permission. Normally will grant leave to supplement unless there is undue delay,
prejudice, or bad faith.
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Counterclaims and Crossclaims – Rule 13
 Compulsory Counterclaims – 13(a) If a claim arises from the same transaction or occurrence as the
plaintiff’s claim against the defendant, it must be brought (unless already sued on it). Court’s may liberally
grant permission to reopen a compulsory counterclaim that wasn’t filed due to hardship (if D didn’t know
had a counterclaim) and to reopen default judgment so that it may be tried on the merits (but that party
seeking to reopen the judgment bears the burden of showing the legal grounds upon which the case should
be reopened).
 Permissive Counterclaims –13(b) Permits a defending party to assert any (and all – Rule 18) claim(s) he
has against an opposing party (does not have to arise from the same T/O).
 Crossclaims – 13(g) A party may bring a crossclaim against a co-party if it arises out of the same
transaction or occurrence that is the subject matter of the original action or counterclaim. Will always get
supplemental jurisdiction.
 Joining Additional Parties – 13(h) Rules 19 and 20 govern the addition of a person as a party to a
counterclaim or crossclaim. *Note – If a party is joined for a counterclaim or crossclaim, it does not affect
supplemental jurisdiction! So if a plaintiff has a claim against a defendant brought in for a
counterclaim/crossclaim, § 1367(b) does not take supplemental jurisdiction away.
Joinder of Claims – Rule 18
 18(a) – A claimant may bring any and all claims that it has against an opposing party. Do not need to be
related. Simply procedural. But do have to still have SMJ over the claim.
o A defendant must bring a compulsory counterclaim – if the claim arises from the same transaction
or occurrence as the plaintiff’s claim against the defendant.
o A defendant may bring a permissive counterclaim – a claim that does not arise from the same
transaction or occurrence.
o A defendant may bring a crossclaim against a co-party. Crossclaims must arise from the same
transaction or occurrence as the underlying dispute.
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Supplemental Jurisdiction – 28 U.S.C. § 1367
 Congress responded to try to overcome Finley by enacting § 1367.
 First look to whether need supplemental jurisdiction.
 There must be original jurisdiction to be supplemented.
 § 1367(a) – gives supplemental jurisdiction to the full extent of the Constitution. Claim must be so related
to claims in the action within such original jurisdiction that they form part of the same case or
controversy (if transactionally related, yes. If same T/O, yes).
 § 1367(b) – precludes supplemental jurisdiction in some diversity cases. Takes away if claims by plaintiffs
against parties joined under Rule 14, 19, 20, and 24, claims by Rule 19 plaintiffs, and claims asserted by
person seeking to intervene as a plaintiff under Rule 24.
 § 1367(c) – gives courts discretion to refuse supplemental jurisdiction along the lines of Gibbs (in cases
raising a novel of complex issue of state law, claim substantially predominates over claim with original
jurisdiction, dismissed claims with original jurisdiction, or exceptional circumstances).
Permissive Party Joinder – Rule 20
 If there are multiple parties on either side, Rule 20 must be met. Rule 20 defines the proper parties who
may be joined in a single case.
 Must arise out of the same transaction, occurrence, or series of transactions or occurrences before
can join a party. Also must raise at least one common question of law or fact.
 If two defendants, they have been joined by the plaintiff. If two plaintiffs, they join as plaintiffs.
 If misjoinder use Rule 21 - just dismiss the misjoined party, not the action.
Impleader – Rule 14
 Impleader allows a defending party to join (implead) an absentee in limited situations. The defending party
becomes the third-party plaintiff and the absentee becomes the third-party defendant.
 The third-party defendant may be joined only if he is or may be liable for all or part of the claim against it
(is or may owe indemnity (entire burden of judgment) or contribution (part of judgment).
 Upsloping claim – If P has a claim against the TPD arising from the same transaction or occurrence as the
present case (supplemental jurisdiction may be taken away in cases by § 1367(b)).
 Downsloping claim – A TPD may have a claim against the P if it arises from the same transaction or
occurrence (will by definition get supplemental jurisdiction).
 *Note – Rule 4k1b 100-mile bulge rule – can gain personal jurisdiction over a defendant who is served
within a judicial district and not more than 100 miles from where the summons was issued. Only applicable
to Rule 14 and Rule 19.
Required Party Joinder – Rule 19
 Three steps: 1. Assess whether the absentee is a required party, 2. If so, assess whether joinder is feasible,
and 3. If not feasible, court must assess whether it should in equality or good conscience proceed with the
litigation without the absentee or dismiss.
 Determining required parties: (must be subject to service of process – cannot consent!)
o 19(a)(1)(A) – Without the absentee, can the court accord complete relief among the parties
already joined? (rarely used – can accord relief among present parties)
o *19(a)(1)(B)(i) – May the absentee’s interest be harmed if it he is not joined?
o *19(a)(1)(B)(ii) – Does the absentee’s interest potentially subject an existing party to multiple or
inconsistent obligations?
 Joint tortfeasors are not required parties.
 *Note – Rule 4k1b 100-mile bulge rule – can gain personal jurisdiction over a defendant who is served
within a judicial district and not more than 100 miles from where the summons was issued. Only applicable
to Rule 14 and Rule 19.
 19(b) Determining whether joinder is feasible:
o Must have personal jurisdiction, subject matter jurisdiction, and proper venue. If yes, joinder is
feasible. If not, joinder is not feasible (party cannot consent to PJ). Must either continue or dismiss.
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If not feasible, court uses four factors to decide between continuing without the absentee or dismissing.
Normally will dismiss if can be brought in another forum.
o Extent of prejudice to absentee or existing parties
o Extent to which any prejudice could be lessened or avoided
o Whether a judgment rendered in the person’s absence would be adequate
o *Whether a plaintiff would have an adequate remedy if the action were dismissed for nonjoinder.
If the court dismisses, the required party is called an indispensible party. Then if not joined the next time
the suit is brought, the defendant can raise the “failure to join an indispensable party” defense under Rule
12(b)(7).
19(c) – If a party has a claim for relief and you know there is a required party out there that you did not
join, Rule 19(c) requires you to tell the other side who it is.
Intervention – Rule 24
 Rule 24 defines the circumstances in which an absentee can attempt to join a pending case (as a plaintiff or
as a defendant). As opposed to Rule 19, intervening parties CAN consent to PJ.
 Either type may be granted by federal statute. For ex. U.S. may intervene to protect a government interest.
 Motion must be timely (how long did the intervenor know about the interest before moving to intervene,
will the delay cause prejudice to a party, whether denial of intervention will prejudice the absentee,
unusual circumstances). Usually less strict in intervention or right than in permissive intervention.
 Must make a motion to join and file the appropriate pleading (either a complaint, answer, or reply in
intervention).
 24(a) Intervention of Right
o Must make a motion to intervene under Rule 24(a), even if you have the right.
o Can be by statute or when the absentee’s interest may be harmed if not joined AND his interest is
not adequately represented. (most likely going to get supplemental jurisdiction since pretty much
has to be same case or controversy.)
 24(b) Permissive Intervention
o Must make a motion to intervene, then the court must grant the motion for the absentee to be
joined.
o Can be by federal statute or when the absentee has a claim or defense that shares a common
question of law or fact with the main action. (not a difficult standard to show).
o Court does not have to grant the motion. Court weighs the benefits of allowing participation against
the disruption and delay caused by the intervention.
Interpleader – Rule 22 (Rule), 28 U.S.C. § 1335 (Statutory)
 Allows a party, the stakeholder, to compel all potential claimants to come in and make their claim in
dispute over property (often a sum of money). Way to avoid multiple litigations and varying results.
 Two types of interpleader: 1. Statutory (better!), 2. Rule (ok). Still need SMJ. If can’t get SMJ by either rule
or statutory interpleader, can still go to state court.
 Also have 1. True interpleader (stakeholder deposits the thing with the court (Rule 67) and does not
litigate) and 2. Proceeding in the nature of interpleader (stakeholder has a claim and becomes a
claimaint)
 28 U.S.C. § 1335 (Statutory Interpleader)
o Statutory interpleader is governed by three statutes (has its own venue and SMJ requirements).
o Minimal diversity – only need ONE claimant diverse from another claimant (instead of complete
diversity)
o Amount in question - Only need $500 or more (instead of $75k+)
o Venue (§ 1397) – Can lay venue in a district where any claimant resides
o Personal jurisdiction (§ 2361) – Can get nationwide service of process
o Must deposit the thing with the court.
 Rule 22 (Rule Interpleader)
o Treated the same as a regular diversity of citizenship case.
o Diversity – Stakeholder must be diverse from every claimant.
o Amount in question – Over $75k
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Venue - § 1391
Personal jurisdiction – Rule 4
If stakeholder becomes a claimant, unclear what that means for Rule Interpleader for complete
diversity.
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