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Civil Procedure (LAW6327) Rules Flow Chart

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Sandra Watson
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Civ Pro Rules Flow Chart

University

University of Arkansas at Little Rock

1) COMPLETENESS: Diversity must be complete. There cannot be anyone on the left of the “v” and the right. All π’s must be different from all Δ’s.
2) DATE: Diversity is calculated as of the date the action was instituted.
3) CITIZENSHIP (Domicile)
a) PERSONS: Where you were born and continues through your life unless:
i) You physically change your state; and
ii) You have the intention of remaining in the new state for the indefinite future.
iii) If person has multiple homes in different states, look of that person’s center of gravity by looking at:
(1) Where does the person live?
(2) Where is the family?
(3) Where does the person pay taxes?
(4) Where does that person work?
(5) Where are the cars licensed?
(6) Where does the person vote?
b) CORPORATIONS:: Every corporation has two domiciles:
i) state of incorporation; and
ii) its principle place of business (usually where the corporate headquarters is located. Two tests for principle place of business:
(1) Nerve Center Test – place where corporate decisions are made; or
(2) Muscle (Plurality) Test – place where the corporation does most of its manufacturing or service providing.
c) UNINCORPORATED Associations (e.g., labor unions, partnerships): Cumulate domiciliary state of each member. So, a national labor union like the Teamsters
could never pass the federal diversity test because it has members in all 50 states.
d) PARTIES IN REPRESENTATIVE ACTIONS (e.g., representative of a child, probate, or

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Civil Procedure (LAW6327) Rules Flow Chart

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