Civil Procedure I Outline

Civil Procedure I Outline
Eichhorn
Spring 2009

I. Introduction

Case Progression
· Dispute
· Pre-filing phase
· Filing
· Response to complaint filed
o Answer, motion, etc
· Discovery
· Possible SJ motion if one side feels no way opponent can win
· Trial
· Post-trial motions
· Appeal

II. Pleadings & Judgments Based on Pleadings

A. Introduction

Pleadings à Discovery à Trial

· Pleadings – document setting forth claim for relief or a defense, or both.
· Rule 7(a). Code and Fed Rule limit the number of pleadings. Types:
o Complaints – party initiating suit files complaint, in which they set forth factual allegations supporting their legal claims for relief.
o Answer – Δ respond to the allegations of the complaint, will probably raise defenses, and/or assert claims of his own against П (counterclaims)
o Reply – П files only if Δ asserts counterclaims, includes defenses
o ** remember when we say the word “claim” – includes original, counterclaim, cross-claim, or 3d party claim (Rule 8(a))
· Motion – document filed requesting that the court take some particular step, issue an order.
o Dismiss
o Postpone trial date

B. The Complaint

Rule 8(a) Claims for Relief
· (1) statement of the jurisdiction
o Personal and subject matter
· (2) must plead a “short and plain statement of the claim showing that the pleader is entitled to relief.”
o If the story is as you say it is, you would have some legal relief entitled to you.
o SC retained the word “facts” – requires a little more specificity
o Avoids terms such as “ultimate facts” “conclusions of law” and “evidentiary facts.”
· (3) demand for judgment for the relief
o Rule 54(c): the demand does not limit П’s recovery. She is entitled to recover whatever relief she proves at trial, even if that is more money than she asked for, and even if it is of a different type than she requested (equitable v. legal).
§ Not true in default judgment cases.
o Can merely put, “damages in an amount to be shown at trial.”
§ But must plead special damages w/ particularity.

Rule 8(e)(2)
· What about the person who has a tort claim, but he’s not sure Δ was acting intentionally or negligently.
o Can plead in the alternative or hypothetically.
o Can have Count I for Battery and Count II for negligence. That they both can’t be true doesn’t invalidate the claims.
o Same thing for defenses.

Rule 10 Form of Pleadings
· Governs the form of all pleadings in federal court.
· (a) Caption; Names of Parties – caption must state the name of the court, title of the case (names), identity of the document itself, and file number.
· (b) Paragraphs; Separate Statements – body of pleading sets forth claims or defenses in numbered paragraphs. Rule requires П to state separate counts only when claims are founded on separate transaction.
o Courts are stricter and it’s common for Пs to set forth separate counts for different claims, even if transactionally related.
· (c) Adoption by Reference; Exhibits – allows parties to adopt by reference allegations found elsewhere.
o Rather than reiterate the common material (facts) found in Count I, П can merely adopt them by reference.
o Also, parties can attach to their pleading a copy of a written instrument, which becomes a part of the pleading “for all purposes.”

Legal Sufficiency

Rule 12(b)(6) Motion to Dismiss for failure to state a claim for which relief can be granted
· Question to ask: If the П proved everything she alleged in her complaint, would the law provide a remedy for her?
o If not, the claim is legally insufficient.
· Denying a 12(b)(6) motion (which means the case survives) or granting it (case dismissed).
o Granting motion to dismiss w/ leave to amend
· Allowing П to come back w/ an amended complaint.
· Doesn’t rule out that there might be facts out there to fulfill an element that was not sufficient. Can come back and fill in the gaps.
· Sometimes left out by drafting error. But sometimes left out b/c don’t have these facts – П wouldn’t come back b/c don’t have good faith.

§ Alternative motion for more definite statement
· Rule 12(e) Motion for More Definite Statement
· If can’t tell enough about the pleading to which you’re responding about whether to admit/deny, formulate defense – can make the motion.
· Vague – doesn’t allege what exactly was said and to whom it was said.
· Court agrees. Motion granted!
o 2) Hearing
§ Motion to strike for redundant claim (fails to state a legally recognizable claim) – like 12(b)(6)
§ Hotel argues that an absolute privilege applies to statements at the hearing – based on a statute conferring it.
· Want ppl to testify w/o having to worry about defamation.
§ Legal Question – whether the Labor Dept hearing is the type of proceeding covered by the statutory absolute privilege.
· Court decides that it is.
§ Absolute privilege – no way П can rebut. No further need for factual inquiry. Legally insufficient claim.
§ Didn’t pass the Rule 8(a) threshold.
· Goes back to Conley – don’t dismiss unless it’s clear that recovery would be legally impossible.

SCRCP 8(a) (Handout)
· Difference – under SC Rule, must plead “short and plain statement of the facts”
o Higher level of specificity – old Code Pleading standard.
o Practical matter, doesn’t make too much of a difference. If you have the fac