Civil Procedure I Outline
Samuels
I. Intro
a. FRCP 1
· Substantive b/c says what rules are to govern. Procedural b/c says how to administer and what the jurisdiction is.
· Core of the rule is that they shall be “construed and administered to secure the just, speedy, and inexpensive determination of every action.”
· Applies only to federal courts and civil cases in the US district courts. US Appeals Court has own set of rules. Exception is bankruptcy, which has its own set of rules.
· Goals—just, speedy, inexpensive. Nothing about truth.
II. Pleadings and Forms of Pleadings
a. Purpose of Pleadings:
i. Put parties on notice. (Δ of action, П of defenses)
ii. Stating facts parties believe are provable
iii. Narrow number and scope of issues
iv. Quick method for resolving meritless claims and defenses.
b. 3 requirements for pleadings—
i. jurisdiction
ii. short and plain statement of the case
iii. demand for judgment
c. Code pleading—left a lot of vagueness to the court. Goal for FRCP was to make rules easier to understand and apply.
d. Example case–
· П files a complaint and serves Δ1, Δ2, and Δ3.
· Δ1 answers.
· Δ2 answers and files a counterclaim.
· П replies to answers and counterclaim.
· Δ3 files a 12(b)(6) motion. It fails. He then has to file an answer.
· Δ1, Δ2, and Δ3 all files cross-claims against each other.
o ****Cross-claims do not have to have same nucleus of facts, but do have to have similar subject matter.
· Δs can sever their trials (per 42(b)), but 3rd party would probably have same trial.
e. Complaints—
i. Should the complaint have minimum facts or as many as possible? Not too many b/c you don’t want to concede something that hurts your case, but not too little to get your case knocked out.
ii. Why many facts? Encourage settlements, first impression for judge and public, public relations and media impression, mini-discovery ® Δ has to concede or deny facts. Answer—Δ denies, avers, or says not enough info. Rule 8(d)—Δ must answer each allegation. If not, deemed accepted.
f. Particularity of pleadings
Rule 9 Pleading Special Matters
· Heightened standard applies to (1) capacity and authority of a party to sue or be sued, (2) fraud or mistake, (3) a denial of performance or occurrence, (4) special damages
Leatherman v. Tarrant County (US 1993)
· Issue—whether § 1983 cases require heightened pleading standards when suits against municipalities
· § 1983—actions brought against state official acting under color of state law b/c violates П’s constitutional right.
· Holding—Federal courts cannot use heightened pleading standard against municipality in § 1983 cases.
McCormick v. Kopmann (Ill. 1959)
· П comes up with two different, inconsistent theories.
· Δ says you can’t do it b/c too confusing for the jury.
· Rule 8(e)(2) allows you to plead in the alternative, however, the safety provision being that it is still subject to Rule 11.
· If the Δ was concerned about confusing the jury, he could’ve brought a 42(b) motion to separate the trials.
Pleading in the alternative can be done by П and Δ in the complaint or answer.
· When can you not plead in the alternative?
o Completely contradicts the facts. (Rule 11)
§ Has there been a reasonable factual basis?
§ Have they done a reasonable inquiry?
· Different for deceased family’s pleading b/c they don’t know the facts.
g. FRCP 2—There shall be one form of action to be known as “civil action.”
h. FRCP 3—A civil action is commenced by filing a complaint with the court.
i. FRCP 7—
(c) demurrers, pleas, etc. abolished—there for no real reason
(b) motion and other papers—unless made during hearing/trial, shall be in writing and state the grounds and relief sought
(a) complaint and answer—replay to counterclaim (answer and counterclaim together)
· Cross-claim—Multiple Δs. One has a claim against another. An answer to a cross claim, if answer contains a cross-claim. If Δ1’s answer contains a claim against Δ2, Δ2 can answer to Δ1’s claims.
· 3rd party complaint under Rule 14. Ex. Company being sued brings in manufacturer and sues them. Different from cross claim b/c П is suing both parties in a cross-claim.
· No other pleadings shall be a
failure to deny; pleading to be concise and direct, consistency; construction of pleadings.
iii. 54(c)—demand for judgment—judgment by default can’t be different than the one pleaded. For every final judgment, the party who wins is granted relief to which it is entitled, even if the party has not demanded such relief in the pleadings.
iv. 55—default—if a party fails to answer or defend himself, then default judgment is entered.
1. by the clerk—when the claim against Δ is a sum certain or a sum that by computation can be made certain, upon the request of the П if Δ hasn’t appeared and is not an infant or incompetent person.
2. by the court—all other cases. If party against whom default judgment is sought has appeared in the action, then they should be served with written notice of the application for judgment at least 3 days prior to the hearing.
3. can set aside default judgment, if in accordance with Rule 60(b)
4. this provisions applies whether the party is a П, 3rd party П, or a party who has pleaded a cross-claim or counterclaim.
5. No judgment by default can be entered against the US
v. 12—20 days to answer after service of pleadings (use calendar days.) If service is waived, 60 days to answer. US has 60 days to respond.
1. Every defense shall be asserted in the answer except the following can be allowed by motion—lack of subject matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim upon which relief can be granted, failure to join a party under Rule 19.
2. After the pleadings are closed, but before the trial, any party may move for judgment on the pleadings.
