OVERVIEW
Rules Enabling Act (1934)
REA gave USSC power to propose rules for federal courts; however, rules “shall not abridge, enlarge, or modify any existing right.”
NOTE: “Notice pleading” system makes it much easier to file complaint and answer than in the past.
Principles of FRCP:
Union of law and equity (same procedure for all cases)
Jury retained in actions formerly “at law”
Simplicity and liberal amendment in pleadings and motion practice
Liberal provision for joinder of claims and parties
Comprehensive discovery procedures
Reliance on discretion of trial judge (note: magistrate judge hears discovery disputes; Art. III judge hears dispositive motions, e.g., summary judgment, etc.)
Simple provision for appeal
Functions of pleading:
Give notice (“notice pleading”)
NOTE: Both parties will want to draft pleadings broadly so they can avail themselves of discovery mechanisms, etc., later
Dispose of claims that are legally or factually inadequate
Sometimes courts will dismiss complaints for failure to state a claim (so pleadings are still useful for this purpose)
Establish facts
Guide parties through case (issues, discovery, evidence, jury instructions)
Create a record for appeals court
Pre-complaint tasks:
Client interview
Find out type of relief client wants
Find out facts
Do conflicts check
Factual investigation (public documents, etc.) pursuant to Rule 11
Ascertain whether SOL has run or is about to run
Determine whether there are any pre-suit requirements (e.g., exhaustion of administrative remedies, etc.)
Arrive at fee arrangement
Determining whether claim exists: do legal research, pursuant to Rule 11
Determining whether to proceed
Settlement negotiations
Determining choices of jurisdiction and venue (deciding when and where to file suit)
Anatomy of a lawsuit: pre-complaint > complaint > responding to complaint > discovery and defining scope of litigation > pretrial settlement/mediation conferences > summary judgment motions and Daubert motions to exclude experts > final pretrial conference/order (w/magistrate judge) > trial/judgment > post-judgment motions (requesting trial judge to cure error) > appeal
Filing in State vs. Federal Court – factors to consider:
Clear schedule in federal court
Lawyers’ comfort level with court rules
More paperwork in federal court
Trial judges
Jury pool
Unanimous jury verdict in federal court vs. 9 out of 12 required in state court
Differences in procedural law
rporation: state of incorporation or PPB
b. Personal jurisdiction over D
3. Which court will hear case in race-to-the-courthouse cases
Rule 8(a) – Notice Pleading
Three requirements for every claim:
1. Short and plain statement of grounds for jurisdiction (SMJ only – P does not have to allege PJ)
2. Short and plain statement of claim showing pleader is entitled to relief
3. Demand for judgment for relief pleaders seeks
NOTE: Alternative and different types of relief may be demanded.
Re: Short and plain statement of claim:
Under notice pleading standard, complaint only has to provide sufficient notice of claim and relief sought to enable D to make an adequate response. Complaint must contain allegations from which the material elements of a claim can be discerned.
· Putting too much detail in complaint can come back to bite you later.
· Reasons to include more detail: educating the judge, publicity
Best practice: plead sufficient facts to support each element of claim(s) you are asserting (in order to avoid dismissal on D’s Rule 12(b)(6) motion)
