NC Civ Pro

a reasonable nexus between the forum court and the defendants actiivities such that the maintenance of a suit does not offend traditional notions of fair play and substantial justice

lack of jurisdiction, improper venue, insufficiency of process, and insufficinency of service

Lack of subject matter jurisdiction, failure to state a claim upon which relief can be granted, failure to join a necessary party, failure to state a legal defense to a claim

any claim a pleader has against the opposing party arising out of same transaction or occurance

subject matter of original claim, as long as essencial facts overlap, construed generously

process of joining 2 or more legal issues/parties to a suit

when a court cannot adjudicate a claim without prejudicing an absent

A device by which a nonparty enters the case on his own motion

when a statute confers such a right or the applicant claims an interest relating to the property or transaction subject to the action, and she is so situated that the disposition may as a practical matter impair or impede her ability to protect that interest

within discretion of the court, when a statute confers, or when applicants claim/defense and the main action have a common question of law or fact

allows a party facing conflicting claims to an obligation she owes or holds to bring all claimants into court under a single action

device by which a defendant may bring a person, not a party to the action, who is or may be liable to the defendant into the action

• 1. Existence of a class
• 2. Named rep must fairly and adequately represent the class
• 3. whether proposed class is so numerous as to make joinder impracticable
• 4. whether a class apporach is superior to alternative methods of adjudication and
• 5. common issues predominate over individual issues    

• 1. oral depositions
• 2. written depositions
• 3. interrogatories
• 4. production of documents and things
• 5. physical/mental examinations and
• 6. admissions      

documents and tangible things preparred in anticipation of litigation by or for another party may not be discovered except on a showing of substantial need for case preparation and inability, without undue hardship, to obtain the substantial equivalent by other means

• Thorugh interrogatories one party may discover
• 1. the identity of any expert to be called by another party and
• 2. the subject matter and substance of facts and opinions to which he will testify  

• with prejudice unless court specifies otherwise, except if dismissal is for
• 1. lack of jurisdiction
• 2. improper venue or
• 3. failure to join a party   

no genuine issue of material fact and any party is entitled to judgment as a matter of law

affidavits, depositions, pleadings, admissions and answers to interrogatories

• no conflict in the evidence as to any material issue and
• the evidence, viewd in the light most favorable to the nonmoving party, demands a particular verdict

• 1. irregularity prevented any party from fair trial
• 2. misconduct of jury/prevailing party
• 3. accident or suprise that ordinary prudence couldnt guard
• 4 newly discovered material evidence that couldnt have been discovered and produced at trial
• 5. manifest disregard by jury of court's instructions
• 6. excessive or inadequate damages (due to passion/prejudice of jury)
• 7. insufficiency of evidence to justify verdict or verdict is contrary to law      
• 8. error in law
• 9. any other reason   

• now a renewed motion for judgment as a matter of law
• Party moving for it must have moved for directed verdict at close of all the evidence

parties who are united in interest, these MUST be joined

dismissal is proper only if the defect cannot be cured

claims of the real party relate back to the date of the first filing of the compliant

within 30 days of the filing of the notice of removal

court may, on its own motion, dismiss an action for failure to prosecute when neither plaintiff or counsel are present win the case is called at administrative calancer call

dismissal of an action by a plaintif who fails to pay costs of a previous similar action