2.1 Strategic Questions—do You Want to Be in Federal Court?
Library | Federal Civil Practice in Virginia (Virginia CLE) (2018 Ed.) |
2.1 STRATEGIC QUESTIONS—DO YOU WANT TO BE IN FEDERAL COURT?
2.101 Some Potential Advantages.
A. | Speed of resolution. | ||
B. | Uniformity. | ||
C. | Appeal of right. | ||
D. | Familiarity with federal law (if the case involves a federal claim that could be brought in state or federal court). 1 | ||
E. | Summary judgment is possible because of the ability to rely on depositions and affidavits, whereas Virginia state procedure prohibits the use of depositions or affidavits to support motions for summary judgment (and Virginia's general bias against summary disposition). | ||
F. | In discovery-intensive cases, the parties can get quicker rulings in federal court. | ||
G. | Written opinions more frequent than in state court. | ||
H. | Federal subpoena power for discovery in other states. | ||
I. | Settlement conference and no-cost mediation. | ||
J. | Greater "body of law" relating to expert and other evidentiary issues. |
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2.102 Some Potential Disadvantages.
A. |
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- 2.1 Strategic Questions—do You Want to Be in Federal Court?
- 2.2 Constitutional and Statutory Foundations
- 2.3 Mechanics of Establishing or Challenging Jurisdiction
- 2.4 Personal Jurisdiction
- 2.5 Federal Question Jurisdiction
- 2.6 Diversity of Citizenship/alienage Jurisdiction
- 2.7 Removal Jurisdiction
- 2.8 Supplemental Jurisdiction
- 2.9 Venue
- 2.10 Preemption and Abstention
- 2.11 Eleventh Amendment and Miscellaneous Other restraints on Exercise of Jurisdiction
- 2.11 Eleventh Amendment and Miscellaneous Other R restraints on Exercise of Jurisdiction
- 2.12 Magistrate Judge Jurisdiction
- 2.13 Service of Process and Corporate Disclosure Statement
- Appendix 2-1 Federal Issues Checklist
- Appendix 2-2 Summons in a Civil Action—eastern and Western Districts of Virginia
- Appendix 2-3 Notice of a Lawsuit and Request to Waive Service of a Summons
- Appendix 2-4 Waiver of the Service of Summons
- Appendix 2-5 Disclosure of Corporate Affiliations (western District)
- Appendix 2-6 Financial Interests Disclosure Statement (eastern District)
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