University of Houston Law Center Civil Procedure 2011 Prof. Gidi

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1 University of Houston Law Center Civil Procedure 2011 Prof. Gidi SYLLABUS First Week For the first class, read the first 13 pages of the casebook and the table of contents of both the casebook and the Federal Rules of Civil Procedure. We will discuss Band s Refuse. For the second class, finish the first chapter of the casebook and review both tables of contents again. Skim both books thoroughly. Read the prefaces. Familiarize yourself with the topics that will be covered during the year and with the structure of the casebook and of the Federal Rules booklet (skim both the Federal Rules and the Title 28 of the United States Code.) Read Rule 1 and 28 U.S.C The pace will be slower initially, but we will move through the material more quickly as we go along. Office Hours My office is 224 TU2 and my office hours are: Mondays: 2:30 pm to 3:30 pm Tuesdays: 2:30 pm to 3:30 pm Wednesdays: 2:30 pm to 3:30 pm (I am also available to meet by appointment) The best way to reach me is by at gidi@uh.edu. If you have an emergency, feel free to come to see me at any time. I will make an effort to meet with every student in small, informal groups before the end of the semester. Do not hesitate to gather a small group and have lunch with me at a nearby restaurant. Guests are welcome to attend the class at any time, but they must read the assignment in advance and may be called upon. Required Texts Marcus, Redish & Sherman, Civil Procedure. A Modern Approach, 2009 Federal Rules of Civil Procedure, Foundation Press, current edition Recommended Books There is simply no easy way to learn the law. You will have to read, understand, think, rethink, analyze, criticize. You can choose almost any kind of supplemental reading, as long as you give priority to carefully studying the casebook and the Rules. Do not read supplemental materials at the expense of the cases, the editor s notes, the Federal Rules, or a law dictionary. Recommended treatises: James, Hazard & Leubsdorf, Civil Procedure Friedenthal, Kane & Miller, Civil Procedure

2 Glannon, Civil Procedure. Examples and Explanations (not to be confused with Learning Civil Procedure Through Multiple-Choice Questions and Analysis. ) Baicker-McKee, Janssen & Corr, A Student s Guide to the Federal Rules of Civil Procedure I do not recommend study aids or commercial outlines, but I have nothing against them. If you do not have the time or interest to read something more substantial, you have a choice between Emanuel, Gilbert, or Quick Review, but I don t particularly recommend their use. If I must choose one, it is Gilbert. You are supposed to create your own outline. Reading one prepared by someone else will expose you to a limited and limiting universe. I strongly recommend you study from at least one of the recommended treatises. You should choose according to your interest in the subject and your available time. If you cannot consistently read a treatise during the semester, a good alternative is to study the entire Glannon book, which is shorter. You should read a case as many times as is necessary to understand it, but it will not be efficient to review the subject by reading the same cases again. Rather, use your time to read the recommended materials or to work on your own summary. Successful students have ranged between those who read a whole extra book to those who have limited their readings to the casebook and the Rules. However, no student was ever successful without careful reading of both the casebook and the Rules. Law is expressed, pleaded, interpreted, and applied through language. If you get in the habit of using a law dictionary when studying, the Black s Law Dictionary will be useful long after your law school years. Consider it a required book. If you don t want an abridged education, don t buy the abridged version. Literature Some novels will give you additional insight on civil litigation. I recommend A Civil Action and The Buffalo Creek Disaster. A classic is Kafka s The Trial. Support Books You may buy these books in addition to, but not instead of, one of the recommended books. Kevin M. Clermont, Civil Procedure Stories: An In-Depth Look at the Leading Civil Procedure Cases. Robert Bone, Civil Procedure: The Economics of Civil Procedure. Thomas Main, Global Issues in Civil Procedure. Mattei, Ruskola & Gidi, Schlesinger s Comparative Law (Chapters 6.3, 6.4, 7.8, and 8, about Comparative Civil Procedure) Chase et al., Civil Litigation in Comparative Context If you have a long commute, you might consider listening to CDs. I know three of them very well and they are equally good: Arthur Miller, Richard Freer, and Douglas Blaze. Beware of the traffic and drive safely. If you do not commute, however, I do not recommend them. Listening to tapes is not as effortless as you might think: one does not learn to think the law by osmosis. You must concentrate and follow a difficult reasoning at someone else s pace. It is more difficult and less efficient than spending the same amount of time reading. 2

3 Books that I do not recommend What you read is as important as how you read. A sloppy reading of a good book is useless, but a careful study of a bad book is detrimental: you will learn to be simplistic, superficial, and wrong. Your time is precious and you should carefully choose what you read. Avoid buying books that are not included in this syllabus before consulting with me. Be wary of tips from second and third year law students. They mean well and their perspective is extremely useful. However, learning is a very individualized process and what works for one person might not benefit another. In particular, I recommend you to stay away from the following books: E-Z Rules. This book is a waste of your time, which should be spent reading a useful book, like the Federal Rules of Civil Procedure. CrunchTime. Don t put yourself in a desperate position at the end of the course by failing to consistently study throughout the semester. Moreover, CrunchTime is included in the main Emanuel book. IF you decide to buy this book, you might as well buy the full Emanuel version instead. Abridged Black s Law Dictionary. I consider the abridged Black s Law Dictionary a waste of your money. It is incomplete and will only serve you for a limited amount of time. Don t be fooled into thinking that you will benefit by bringing it with you to class. In my experience, even that small book becomes a burden to carry every day and you will not have the time or opportunity to consult it in class anyway. You need to consult the dictionary when preparing for class, not during class. A brief note on Casenote Legal Briefs. As long as you only consult it after you have fully briefed the case in writing, its use is not dangerous. You may use it for tips on how to improve your briefs in the first few weeks of class, but not as a tool to understand the cases or a substitute to your own briefing. After the first weeks, however, you should feel comfortable briefing on your own and should stop using it. Your time is better spent reading a more substantive book. WARNING: Casenote Legal Briefs are addictive and extended use may cause damage to your intellectual heath. Class Attendance Class attendance is mandatory: there are no excused absences. Attendance will be taken at each class and each absence after the sixth will result in a.1 grade point reduction of your final grade. I reserve the right to deny a student who fails to comply with the attendance policy an opportunity to take the final exam. Please come to class intimately familiar with the assignment. The class will be conducted on a discussion basis with enthusiastic and enlightening participation expected from everyone. Exemplary class participation furthers class discussion by either raising insightful questions or providing insightful answers. I expect nothing less from each of you and you should not expect any less from me. Always adopt a critical perspective on your readings. The fact that a text is in print is not indicative of its quality, nor is a ruling emanating from the Supreme Court of the United States or a professor s opinion. Ask yourself whether the rationale is persuasive before accepting any conclusions. 3

4 Please do yourself a favor: do not read my former students outlines before class. You may read them after the class, but not before. I will call on each student several times during the semester. If you are not well prepared, your presence in class will only disrupt the learning process for all of us. I will allow each of you one opportunity to attend class unprepared without consequence. Please put a note on the lectern a few minutes before class starts and I will not call on you. Deadlines from other classes are not acceptable excuses for being unprepared. Aside from the one free pass, any student who is unprepared when called upon will be marked absent for that class and may suffer a negative impact in the grade. Internet access or unrelated computer use during class is not acceptable. Coverage This course will give you a comprehensive understanding of civil litigation and the policy behind the rules, providing the analytical and practical skills necessary to the practice of law. Even if you will never set foot in a courtroom (most lawyers won t) you still need to understand Civil Procedure if you want to lead a successful practice. Civil Procedure is also essential for law students because it lays the foundation upon which you will be able to understand the cases you read for other classes. Civil Procedure puts substantive law in perspective. That is why such a difficult course is taught in the first semester. Never underestimate the importance of Procedure. The course is dedicated to the study of Federal Civil Procedure, not Texas Civil Procedure. The emphasis on the Federal Rules, rather than the several state rules, serves important purposes but is somewhat misleading because most civil litigation occurs in state courts, not federal courts. However, the Federal Rules are a model and their concepts and language are useful to a lawyer practicing before any state court. It is impossible to learn Procedure in a vacuum. Because procedural rules are not mere technicalities, you cannot understand the subject without considering the policy behind each rule or doctrine. We will also make frequent reference to the laws of evidence, remedies, federal courts, appeals, professional responsibility, constitutional, and substantive law. In addition, we will offer comparative, international, and historical perspectives, as appropriate. I will generally follow the same order suggested in the table of contents, at a pace of approximately 25 to 30 pages a day. Please keep at least 25 pages ahead of me. It is necessary to keep current with the reading, and wise not to read too far ahead. Focus on the big picture, without overlooking the details. If you don t see the forest, you don t get Procedure. Keep each subject in perspective by constantly referring to the table of contents of both the casebook and the Federal Rules during the semester. It is my experience that those who do not carefully study the Rules have a very limited understanding of the subject. Before reading a case, skim the relevant rules and statutes to familiarize yourself with the subject, and keep it handy when studying. Read the relevant part when they are mentioned or cited in the text or are part of the court reasoning. At the end, carefully study the rule, putting all its subdivisions in perspective. By the end of the first half of the semester, you are supposed to have carefully studied each Federal Rule of Civil Procedure (even those few not directly discussed in class) and several of the sections of Title 28 of the United States Code. Keep track of the 4

5 Rules you study, so that by the end of the semester it will be easy to identify the ones you have not read yet. You are also encouraged to read the Advisory Committee s Notes. They provide insightful information on the interpretation of the Rules and the reasons for their change. Schedule Dates are mere targets. Civil Procedure meets for 14 weeks, a total of 42 class sessions. Part I (Rules) Week 1 Day 1 Chapter I, Introduction (p. 1-13) Table of Contents of casebook and Federal Rules Day 2 Chapter I, Introduction (p ) Table of Contents of casebook and Federal Rules Skim the Casebook, the Federal Rules, and Title 28 Familiarize w/ topics and structure of casebook and pamphlet Rules 1 and 2, 28 U.S.C Skim 28 U.S.C to 1257 Day 3 Chapter IIC, Cost of Litigation, (p ) Rule 54, 28 U.S.C Skip Chapter II, A and B, Remedies, and Section D Week 2 Day 1 Chapter III, Pleadings (history) (p ) Rules 2, 7, 8, 9, 10, and 84 Day 2 Chapter III, Pleadings (specificity, inconsistency, Rule 11) (p ) Rules 11 and 12, Forms 1, 2, 10, 11, and 12, 28 U.S.C Day 3 Chapter III, Pleadings (sufficiency, heightened) (p ) Rules 8 and 9, PSLRA 21D(b)(2) Week 3 Day 1 Chapter III, Pleadings (current standard) (p ) Day 2 Chapter III, Pleadings (pre-answer motion, default) (p ) Rules 4, 5, 6, 8, 12, 54(c), and 55, Forms 3, 5, 6, 30, and 40 Day 3 Chapter III, Pleadings (answer, affirmative, counterclaim) (p ) Rules 8(c) and 13 Week 4 Day 1 Chapter III, Pleadings (dismissal and amendment) (p ) Rules 41 and 15 Day 2 Chapter III, Pleadings (relation back) (p ) Rule 15(c) Day 3 Chapter IV, Parties (p ) Rules 17, 18, Skim Section A2 (p ) Rules 20 and 21 Week 5 Day 1 Chapter IV, Parties (p ) (compulsory joinder, impleader, counterclaim, cross-claims) Rules 14, 19, and Forms 4, 8, 16, and 41 5

6 Day 2 Chapter IV (interpleader, intervention) (p ) Rules 13, 22, and 24, 28 U.S.C. 1335, Forms 20, 31, and 42 Skim Section I and Rule 23 (Class Actions) Day 3 Chapter V, Discovery (introduction, devices) (p ) Rules 26 to 36 and 45, Amendments to Rule 26, Forms 50, 51, 52, 80, 81, and 82 Advisory Committee s Notes to the 1993 and 2000 amendments (NOTE!) Week 6 Day 1 Continue Day 2 Chapter V, Discovery (case management) (p ) Rules 72 and 73 Day 3 Chapter V, Discovery (privileges) (p ) (NOTE: 30 pages!) Week 7 Day 1 Chapter V, Discovery (informal investigation, sanctions) (p ) Rule 37 and 45 Skim the Model Rules of Professional Responsibility Table of Contents: Wolfram s Hornbook on Legal Ethics Day 2 Chapter VI, Summary Judgment (p ) Rule 56 Day 3 Chapter VI, Summary Judgment (p ) Week 8 Day 1 Chapter VII, Judicial Supervision of Pretrial (pretrial conference) (p ) Rule 16 (Skim Chapter VI, Section B and Chapter II, Section D, ADR) Day 2 Chapter VII, (offer of judgment) (p ) Rules 67 and 68, 42 U.S.C. 1983, 1988 Day 3 Chapter VIII, Trial (phases) (p ) (NOTE: 40 pages!) Chapter VIII, Judicial Control of Verdict (matter of law) (p ) Rules 38, 39, 40, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 57, U.S.C and Forms 70 and 71 Skim the Federal Rules of Evidence and Section B (Right to Jury Trial) Reread part II of Galloway after reading the dissent Table of contents: McCormick's Hornbook on Evidence Week 9 Day 1 Chapter VIII, Judicial Control of Verdict (motion new trial) (p ) Rule 59, 60 Day 2 Chapter VIII, Judicial Control of Verdict (remittitur, additur) P (NOTE: 30 pages!) Part II (Jurisdiction) Get ready for a major shift in our course. Say good bye to the Federal Rules of Civil Procedure Skim pages 680 to 1015 Read the introductory pages of each Section: 680, 850, 851(A), (B), 888(C), and (D) Review the table of contents of the casebook and the Rules. Day 3 Chapter IX, Personal jurisdiction (p ) Pennoyer, Harris, and Hess US Constitution, Art. IV, Section 1; 28 USC

7 Week 10 Day 1 Continue Day 2 Chapter IX, Personal jurisdiction (the shift) (p ) International Shoe and Long-arm statutes Attention also to Mullane, Hanson, and Gray Skim Texas and Michigan Statutes on Personal Jurisdiction Day 3 Chapter IX, Personal jurisdiction (refining minimum contacts) (Federal Courts, Volkswagen, general specific) (p ) Attention also to Calder, Keeton, Kulko, Gordy, etc. Rule 4(k) Michigan Statute on Personal Jurisd (Read 701 to 725 and skim the rest) Week 11 Day 1 Chapter IX, Personal jurisdiction (refining) (p ) Burger King and Asahi Metal Day 2 Chapter IX, Personal jurisdiction (p ) (NOTE: 30 pages!) Internet and quasi in rem Michigan Statute on Personal Jurisdiction Table of Contents: Scoles et, Hornbook Conflict of Laws Day 3 Chapter IX, Personal jurisdiction (tag jurisdiction, general) (p ) After reading Burnham, reread p. 698(a) and 689(b). Week 12 Day 1 Chapter IX, Personal jurisdiction (p ) (NOTE: 30 pages!) (litigating, notice, venue, forum non conveniens) Day 2 Chapter X, Subject matter jurisdiction (diversity) (p ) U.S. Constitution, Article III 28 U.S.C. 1332(a), (b), (c) and (e) and 1359 Day 3 Chapter X, Subject matter jurisdiction (federal question) (p ) 28 U.S.C. 1331, 1251 to 1257, and 1291, and Form 7 Table of Contents: Wright Kane Hornbook Federal Courts Week 13 Day 1 Chapter X, Subject matter jurisdiction (supplemental jurisdiction, removal) (p ) Day 2 Chapter XI, Erie (p ), Swift, Erie, and York 28 U.S.C. 1652, 2072 Day 3 Chapter XI, Erie (p ) (NOTE: 30 pages!) Bird and Hanna Chapter XI, Erie (p ) Determining state law Week 14 Day 1 Day 2 Day 3 The above references to the Rules are for your convenience only: you should read other rules as necessary to understand the issue and broaden the perspective of the subject. Rules 57, 62, 63, 64, 65, 66, 69, 70, 71, 77 to 86 were not cited above. Make a point of reading them before the end of the semester. 7

8 Final Examination The course will be graded on the basis of a four-hour closed book final examination. I encourage all of you to type your exams, instead of handwrite it. I may offer one or two mid-term exams as well. I will distribute copies of previous exams, memos and model answers. Do not read them before I make them available, especially not before the practice test. I may from time to time offer assignments or surprise quizzes that may count towards your grade. In your exams, raise serious arguments in favor and against a position, discuss them, but take a reasoned position on the subject. In other words, apply the law to the facts. I will strictly follow the Law School grade curve. Some people will be in the bottom 20% of the class. Make sure it is not you. You may bring your Federal Rules pamphlet to the exam, as long it does not have notes on it, except cross references, case names, and one liners directly related to the rule. APPENDIX Michigan Statutes on Personal Jurisdiction Chapter 7. Bases of Jurisdiction Individuals; general personal jurisdiction Sec The existence of any of the following relationships between an individual and the state shall constitute a sufficient basis of jurisdiction to enable the courts of record of this state to exercise general personal jurisdiction over the individual or his representative and to enable such courts to render personal judgments against the individual or representative. (1) Presence in the state at the time when process is served. (2) Domicile in the state at the time when process is served. (3) Consent, to the extent authorized by the consent and subject to the limitations provided in section Limited personal jurisdiction over individuals Sec The existence of any of the following relationships between an individual or his agent and the state shall constitute a sufficient basis of jurisdiction to enable a court of record of this state to exercise limited personal jurisdiction over the individual and to enable the court to render personal judgments against the individual or his representative arising out of an act which creates any of the following relationships: (1) The transaction of any business within the state. (2) The doing or causing an act to be done, or consequences to occur, in the state resulting in an action for tort. (3) The ownership, use, or possession of real or tangible personal property situated within the state. (4) Contracting to insure a person, property, or risk located within this state at the time of contracting. (5) Entering into a contract for services to be rendered or for materials to be furnished in the state by the defendant. 8

9 (6) Acting as a director, manager, trustee, or other officer of a corporation incorporated under the laws of, or having its principal place of business within this state. (7) Maintaining a domicile in this state while subject to a marital or family relationship which is the basis of the claim for divorce, alimony, separate maintenance, property settlement, child support, or child custody Corporations; general personal jurisdiction Sec The existence of any of the following relationships between a corporation and the state shall constitute a sufficient basis of jurisdiction to enable the courts of record of this state to exercise general personal jurisdiction over the corporation and to enable such courts to render personal judgments against the corporation. (1) Incorporation under the laws of this state. (2) Consent, to the extent authorized by the consent and subject to the limitations provided in section 745. (3) The carrying on of a continuous and systematic part of its general business within the state Corporations; limited personal jurisdiction Sec The existence of any of the following relationships between a corporation or its agent and the state shall constitute a sufficient basis of jurisdiction to enable the courts of record of this state to exercise limited personal jurisdiction over such corporation and to enable such courts to render personal judgments against such corporation arising out of the act or acts which create any of the following relationships: (1) The transaction of any business within the state. (2) The doing or causing any act to be done, or consequences to occur, in the state resulting in an action for tort. (3) The ownership, use, or possession of any real or tangible personal property situated within the state. (4) Contracting to insure any person, property, or risk located within this state at the time of contracting. (5) Entering into a contract for services to be performed or for materials to be furnished in the state by the defendant Partnerships; general personal jurisdiction Sec The existence of any of the following relationships between a partnership or limited partnership and the state shall constitute a sufficient basis of jurisdiction to enable the courts of record of this state to exercise general personal jurisdiction over the partnership or limited partnership and to enable such courts to render personal judgments against the partnership or limited partnership. (1) Formation under the laws of this state. (2) Consent, to the extent authorized by the consent and subject to the limitations provided in section 745. (3) The carrying on of a continuous and systematic part of its general business within the state Partnerships; limited personal jurisdiction 9

10 Sec The existence of any of the following relationships between a partnership or limited partnership or an agent thereof and the state shall constitute a sufficient basis of jurisdiction to enable the courts of record of this state to exercise limited personal jurisdiction over such partnership or limited partnership and to enable such courts to render personal judgments against such partnership or limited partnership arising out of the act or acts which create any of the following relationships: (1) The transaction of any business within the state. (2) The doing or causing any act to be done, or consequences to occur, in the state resulting in an action for tort. (3) The ownership, use, or possession of any real or tangible personal property situated within the state. (4) Contracting to insure any person, property, or risk located within this state at the time of contracting. (5) Entering into a contract for services to be performed or for materials to be furnished in the state by the defendant Partnership association or unincorporated voluntary association; general personal jurisdiction Sec The existence of any of the following relationships between a partnership association or unincorporated voluntary association and the state shall constitute a sufficient basis of jurisdiction to enable the courts of record of this state to exercise general personal jurisdiction over the partnership association or unincorporated voluntary association and to enable such courts to render personal judgments against the partnership association or unincorporated voluntary association. (1) Formation under the laws of this state. (2) Consent, to the extent authorized by the consent and subject to the limitations provided in section 745. (3) The carrying on of a continuous and systematic part of its general business within the state Partnership association or unincorporated voluntary association; limited personal jurisdiction Sec The existence of any of the following relationships between a partnership association or unincorporated voluntary association or an agent thereof and the state shall constitute a sufficient basis of jurisdiction to enable the courts of record of this state to exercise limited personal jurisdiction over such partnership association or unincorporated voluntary association and to enable such courts to render personal judgments against such partnership association or unincorporated voluntary association arising out of the act or acts which create any of the following relationships: (1) The transaction of any business within the state. (2) The doing or causing any act to be done, or consequences to occur, in the state resulting in an action for tort. (3) The ownership, use or possession of any real or tangible personal property situated within the state. (4) Contracting to insure any person, property, or risk located within this state at the time of contracting. 10

11 (5) Entering into a contract for services to be rendered or for materials to be furnished in the state by the defendant Limited jurisdiction; bond by plaintiff Sec In all civil actions where sections 705, 715, 725 or 735 constitute the basis of jurisdiction of a defendant, on such defendant's motion the court shall require the plaintiff to post a bond to such defendant with 2 or more sureties to be approved by the judge or clerk of court, or with a surety company authorized to do business in this state, in the sum to be fixed by the court conditioned that in the event judgment is not rendered in favor of such plaintiff, so much of the penalty of said bond as may be required shall be applied to the satisfaction of any judgment for court costs and to defray the actual expenses of such defendant incurred in defending the action (but not to include attorney's fees). If plaintiff prevails in the action, he may tax as costs in the case his reasonable expense in procuring the bond furnished State, defined; agreements as to jurisdiction Sec (1) As used in this section, "state" means any foreign nation, and any state, district, commonwealth, territory, or insular possession of the United States. (2) If the parties agreed in writing that an action on a controversy may be brought in this state and the agreement provides the only basis for the exercise of jurisdiction, a court of this state shall entertain the action if all the following occur: (a) The court has power under the law of this state to entertain the action. (b) This state is a reasonably convenient place for the trial of the action. (c) The agreement as to the place of the action is not obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means. (d) The defendant is served with process as provided by court rules. (3) If the parties agreed in writing that an action on a controversy shall be brought only in another state and it is brought in a court of this state, the court shall dismiss or stay the action, as appropriate, unless any of the following occur: (a) The court is required by statute to entertain the action. (b) The plaintiff cannot secure effective relief in the other state for reasons other than delay in bringing the action. (c) The other state would be a substantially less convenient place for the trial of the action than this state. (d) The agreement as to the place of the action is obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means. (e) It would for some other reason be unfair or unreasonable to enforce the agreement Jurisdiction over land irrespective of ownership Sec The courts of record of this state shall have jurisdiction over land situated within the state whether or not the persons owning or claiming interests therein are subject to the jurisdiction of the courts of this state Jurisdiction over chattels irrespective of ownership Sec The courts of record of this state shall have jurisdiction over chattels situated within the state whether or not the persons owning or claiming interests therein are subject to the jurisdiction of the courts of the state. 11

12 Jurisdiction over documents irrespective of ownership Sec The courts of record of this state shall have jurisdiction over documents which are within the state whether or not the persons owning or claiming interests therein are subject to the jurisdiction of the courts of the state Jurisdiction over corporate shares irrespective of ownership Sec The courts of record of this state shall have jurisdiction (1) over the shares in a corporation incorporated in the state (subject to the limitations in the uniform stock transfer act), (2) over share certificates which are located within the territory of the state, (3) over shares in a corporation represented by share certificates located within the state if the law of the state of incorporation embodies the share in the share certificates, whether or not the persons owning or claiming an interest in the shares or share certificates are subject to the jurisdiction of the courts of the state Jurisdiction over obligations irrespective of creditor Sec The courts of record of this state shall have jurisdiction over obligations owed by persons who are subject to the judicial jurisdiction of the state whether or not the persons to whom the obligations are owed are subject to the jurisdiction of the state Jurisdiction over status Sec The judicial jurisdiction over status granted to the courts of record of this state by the state's constitution, laws, and court rules may be exercised: (1) to the extent permitted by the constitution of the United States, except as limited by the constitution, court rules, and laws of this state, and (2) in the manner permitted by the court rules and laws of this state. 12