Introduction
The set of rules and processes that courts use to resolve civil (non-criminal disputes) - basically how a lawsuit moves through the court system, from filing a complaint to final judgment
What is civil procedure?
The old common-law categories of lawsuits, each with its own rigid procedural rules. To sue, a plaintiff had to fit their claim into the correct form (like trespass, assumpsit, detinue, etc.) or the case was dismissed - even if the plaintiff clearly had a valid grievance
What are Forms of Action?
A party may join any and all claims it has against an opposing party. There is no limit:
- same transaction,
- unrelated transaction,
- legal or equitable claims - all can be joined
this is permissive joinder
What is Rule 18 - Joinder of Claims?
Governs the scope, timing, and limits of discovery in federal civil litigation
What is Rule 26 - overview + work product?
Key Principle: On summary judgment, the moving party (usually the defendant) bears the initial burden of affirmatively showing that no genuine issue of material fact exists. They must negate an essential element of the nonmoving party's claim or show the absence of evidence.
Facts: A white teacher dining with Black students alleged she was refused service and then arrested due to a conspiracy between D employees and police. To win on summary judgment, D needed to show there was no police officer in the store. They did not.
Holding: Summary judgment reversed. D failed to meet its initial burden, because it did not provide evidence showing there was no police officer present - a key fact for proving or disproving conspiracy. Since the moving party failed to negate a factual issue, the burden never shifted to P.
Why This Case Matters:
Before the burden shifts, the moving party must:
- come forward with evidence showing no genuine issue of material fact,
- or negate an essential element of the claim
If the moving party does NOT meet this burden:
- nonmoving party has no obligation to respond
- summary judgment must be denied
What is Adickes v. Kress?
1. District Courts (Trial Courts)
- Where cases start
- handle trials, evidence, discovery motions
- each state has at least one
2. Courts of Appeals (Circuit Courts)
- 13 circuits
- review legal errors from district courts
- no new evidence or trials
- panels of 3 judges
3. U.S. Supreme Court
- highest court
discretionary review (mostly via certiorari)
- resolves circuit splits + major federal questions
What is the structure of federal courts?
A very rigid, technical system of pleading in early English and American law. A plaintiff had to:
- choose the correct form of action,
- allege very specific, formulaic facts, and
- follow strict procedural steps
If the plaintiff chose the wrong form or phrased something incorrectly, the case could be dismissed - even if they had a valid claim
What is Common law pleading?
Governs when multiple plaintiffs can join together in one lawsuit, or when multiple defendants can be sued together
What is Rule 20 - Permissive Joinder?
A party takes a witness's testimony under oath, recorded by a court reporter or video, written questions served on another party, who must respond under oath
What are Rules 30-33 - depositions, interrogatories, requests for production?
Main Rule: A moving party (often the defendant) can meet its initial burden on summary judgment without producing evidence. Instead, the movant may simply point out that the nonmoving party lacks evidence on an essential element of their claim.
Holding: P did not need to produce affirmative evidence disproving exposure to asbestos. It only needed to show that D lacked evidence to prove exposure - a necessary element of her case. Once the movant does this -> the burden shifts to the nonmovant.
Burden-Shifting Framework:
1. Movant's Initial Burden:
Movant can meet its initial burden by either:
- Providing evidence that negates an element of the claim, OR
- showing the absence of evidence on an essential element (no need to produce affidavits or witnesses)
2. Burden Shifts to the Nonmoving Party:
After the movant points out the lack of evidence, the nonmovant must:
- come forward with specific evidence (affidavits, depositions, documents)
- showing a genuine issue of material fact for trial
Meaning: A defendant can win summary judgment by showing the plaintiff has no evidence - without producing any evidence of its own
What is Celotex v. Catrett?
What is the purpose of the federal rules?
The system that replaced common law pleading. Under this system, a plaintiff had to plead the "ultimate facts" that established each element of the cause of action.
Key Features:
- must plead ultimate facts, not conclusions
- but not every tiny evidentiary detail
- no more "forms of actions," but still much more specific than the Federal Rules
- Complaints often dismissed if the facts weren't detailed enough
It's best illustrated by Gillispie v. Goodyear, where vague allegations were rejected for lacking facts
What is Code/Facts Pleading?
Tells the court when a person must be joined to a lawsuit because their participation is essential
What is Rule 19 - Compulsory Joinder?
Allows a party to request that another party produce documents, ESI, tangible things, or permit entry onto land for inspection
What is Rule 34 - RFP?
Fact: P sued D for copyright infringement, claiming D copied his songs
Issue: Whether D's works were substantially similar to P's, and if the case should go to a jury
Holding: the court ruled that disputes over substantial similarity are questions for a jury when reasonable minds could differ
Key point: Credible conflicting evidence, including expert testimony, creates factual disputes that prevent summary judgment
What is Arnstein v. Porter?
A prior judicial decision that courts use as authority when deciding later case with similar facts or legal issues
What is precedent?
The modern pleading system under Rule 8, where a complaint needs only a "short and plain statement" showing that the plaintiff is entitled to relief. The goal is to give the defendant fair notice of the claim - not to plead detailed facts. After Twombly/Iqbal, the complaint must contain enough factual matter to make the claim plausible, not merely possible.
What is Federal Notice Pleading?
Allows a defending party to bring in a third party who may be liable to the defendant for all or part of the plaintiff's claim
What is Rule 14 - impleader?
Allows a court to order a physical or mental examination of a party (or someone in their control). It is used when a party's physical or mental condition is central to the case.
What is Rule 35 - medical exams?
Issue: the case focused on the weight and credibility of conflicting witness testimony
Holding/Principle: Courts emphasized that assessing credibility is primarily the jury's function, not the judge's, and inconsistencies or biases in testimony should be evaluated by the fact-finder
Key Point: the court may consider demeanor, motive, interest in the outcome, and consistency with other evidence, but credibility determinations are not overturned lightly on appeal
What is Dyer v. McDougall?
1. Text (Plain Meaning)
- start with the ordinary meaning of the words
- if the text is clear, courts stop there
2. structure & context
- read the rule or statute as a whole, not in isolation
- look at how the provision fits within the larger scheme
3. Purpose/Legislative Intent
- courts consider why the rule or statute was created
- for rules: advisory committee notes are key
- for statutes: legislative history may matter
4. precedent
- courts apply earlier cases interpreting the same rule/statute
5. Policy Considerations (when ambiguous)
- fairness, efficiency, practicality in procedural administration
What is how the courts interpret rules/statutes?
M.I.F: The plaintiff's complaint alleged that D acted "wrongfully" but included no specific facts - only vague, conclusory statements.
I: Does a complaint containing only legal conclusions - and no factual allegations - satisfy pleading requirements under the old code/fact pleading system?
H: No. The complaint was insufficient because it did not allege ultimate facts showing a cause of action. Courts required more than conclusions; they required specific factual detail.
W.T.C.M: P illustrates the limitations of code/fact pleading, which replaced common-law pleading but still required highly specific factual allegations. The case shows why the Federal Rules moved to notice pleading under Rule 8 - to avoid dismissals on hyper-technical grounds.
What is Gillispie v. Goodyear Service Stores?
Governs claims a party brings against an opposing party and against a co-party
What is Rule 13 - Counterclaims & Crossclaims?
Allows a party to serve written requests asking another party to admit or deny specific statements of:
- facts,
- application of law to fact,
- opinions, or
- the genuineness of documents
What is Rule 36 - Requests for Admission?
Allows a court to grant summary judgment when there's no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law; the burden is on the movant to show no factual dispute, and on the nonmovant to show that a real dispute exists
What is Rule 56 - Standards & Burdens?