SAMUELS * CIVIL PROCEDURE I * SPRING 2010
OVERVIEW OF THE SYSTEM:
Bringing a Lawsuit: Steps in the Process
a. Preliminaries: fact investigation; determine legal issues
· obtain personal jurisdiction, find court w/ subject matter jurisdiction; file suit only in court w/ proper venue
· Rules 1-6
b. Pleadings- problems to consider
· Draft, file, and serve complaint.
· Does complaint state a claim, which, if proven, would entitle P to recover damages?
· Does complaint comply with certain rules of form?
· Rules 7-13
c. Pre-Trial Procedures & Motions
· Discovery (depositions, interrogatories, physical exams)
· Summary judgment
· Injunctions
· Rule 26 – 37, 56
d. Trial
· Jury or Non-Jury
· Selection of Jurors (voir dire; challenges)
· Trial
· Jury Instruction
· Verdict
· Entry of Judgment
· Injunctions
· Rule 38 – 39, 47 – 51
e. Judgments: Rule 54 – 60; 12, 50
f. Appeals Process
· Can only be taken after the final judgment; purpose is to correct errors below only
· Review is limited to question of law; Appellate court won’t consider objections not first raised at the trial level
g. Court has power to end case: 12, 50, 56
h. Sanctions: 11, 57
GENERAL DEFINITIONS:
1) motion: any other document filed when you want the court to take action (can be done orally if before the court); must say what you want court to do, why you want them to do it
2) w/ prejudice: no leave to amend (case over) AKA: “dismissal on the merits”
3) w/o prejudice: leave to amend; can tweak complaint (bound by Rule 11) to stake a claim
4) interlocutory appeal: appeal allowed during the course of trial; ex: injunction
5) in-camera review: judge looks at evidence and determines what’s “discoverable.”; used for 26(b) and 26(c).
Rule 1: SCOPE AND PURPOSE
a) How to apply the rules: just, speedy, and inexpensive (goals of civil procedure)
b) NOT the goal: TRUTH; difference in our system and European system
c) Rules only apply to district courts, not state or fed. Appellate courts
PLEADINGS
A. Overview
1. Purpose of pleadings in the modern system is simply to put parties on NOTICE
2. Low Barrier of Entry for Pleading a Case
i. Benefits:
1. More access [see Rule 8(a)]
2. Fairness to allow time/opportunity to investigate
3. Cheaper on the front end
4. Deterrence
ii. Costs
5. More Cases Filed (drain on the System) (I.E. Dioguardi case)
6. More Difficult to Settle Cases
3. Original Purposes of Pleadings(Used to be a high barrier of entry now it is a low barrier of entry)
i. Put parties on notice of their claims & defenses
ii. To state the facts each party thought they could prove
iii. To narrow the # and scope of the issues that were required at trial
iv. To provide a quick check for resolving meritless claims and defenses
4. 3 Theories:
a. Common Law Pleading: “writ system” established in England in the 18th century. Strict adherence to original pleading w/ no allowance for change as case progressed; had to give facts very early in they system; inefficient
b. Code Pleading: tried to streamline the process; still very fact-intensive; focused on giving notice to the parties and the court;
c. Notice Pleading/ FRCP: (Codified in 1938 by the FRCP); re-affirm that pleadings were to give notice and provide a mechanism for easy testing of the legal sufficiency of a claim. Unlike the Code pleading system in that it doesn’t require the P to tell anything about the presentation of the facts.
5. Difference Between Code Pleading and FRCP Notice Pleading: instead of the P being required to pleading facts, all that is required is the P to make a short and plain statement of her claim for relief.
B) PLEADINGS AS THEY RELATE TO THE RULES:
1. Types of pleadings: RULE 7(a): Pleadings Include:
i. Complaint
ii. Answer (may contain counterclaims)
iii. Reply to Counterclaim
iv. Answer to Cross-Claim
v. 3rd Party Complaint
vi. 3rd Party Answer
*pleadings can be divided into two categories: complaints and answers
COMPLAINT – P’s initial pleading; document which you announce to the whole world that you’ve been harmed; start of civil action
MOTION: any other document filed when you want the court to take action (can be done orally if before the ct.); must say what you want court to do, why you want them to do it.
2. Requirements:
a. 8(a) – 3 Parts of the Complaint
i. A “short and plain statement of the ground upon which the court’s jurisdiction depends”
ii. A “short and plain statement of the claim showing that the pleader is entitled to relief”
iii. Prayer for Relief – A “demand for judgment for the relief the pleader seeks”
a. Determines the amount in controversy – P must tell the Court what she wants to recover.
b. Under FRCP 54(c), however, demand does not limit what P can recover.
c. Does not mandate P set forth monetary damages. Other prayers for relief could include equitable relief (declaratory judgment, injunctions, or specific performance).
b. 8(b) – Defenses; admission and denial
i. A “short and plain statemen
ernative theories can be submitted ; 8(d)(3) allows for inconsistencies; P can submit both claims, but in this case can only win on one.
b. Rule 9: SPECIAL PLEADINGS MATTERS: mandates heightened pleading standards for certain issues:
· 9(b) – in all complaints of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity.
· 9(c) – the occurrence of a condition precedent – you must state what that condition is.
· Rule 9 (g) – if you are seeking special damages you have to lay our what they are
2. Veracity & Candor in Pleading:
i. Rule 11: Sanctions: Purpose of this rule is to force parties to be more responsible and adhere to the rules
ii. Sets the Requirements/obligations of the attorney at the time of the filing a lawsuit or responding in the form of an answer
iii. Judge has full discretion in imposing any type of sanctions – No restrictions on Rule 11
iv. Purpose of this Rule is not punitive, but rehabilitative – keep them from doing the same thing again and to keep others from doing something similar
v. History: Substantial revisions in ’83, but met with much criticism; revised again in ‘93
vi. 1983 to 1993 period referred to as “mandatory rules period”; gave parties an additional way to attack each other
vii. Rule 11 – 1993 Revisions – EXAM!
i. Ability to seek supporting evidence later
ii. Does not apply to discovery requests, responses, objections, and motions
iii.
iv. Firms are now held liable
v. Less severe sanctions; courts encourage to think of innovation sanctions
vi. “Safe Harbor” provision, which gave 21 days to person accused of violating the rule to correct the problem (most controversial aspect of ’93 revisions)
viii. Hadges v. Yonkers Racing Corp.
Facts: While suing another racetrack, Hadges discovered that Yonkers had acted fraudulently in the first action – prompts him to file a new lawsuit and subsequently file the Rule 60(b) motion for relief from judgment or order. He has to file a new lawsuit b/c he
