Federal Civil Litigation – Detailed Study Notes

Overview of Federal Civil Litigation Framework

• Civil litigation = adversarial process to resolve private disputes through courts.
• U.S. system is dual: each state has its own courts plus a federal judiciary.
  • Procedures in most state systems roughly parallel the federal model, so mastering federal rules gives a transferable template.
• Course-wide emphasis: always apply a critical lens; knowing the steps ≠ accepting them as normatively ideal.

Governing Authority: Federal Rules of Civil Procedure (FRCP)

• FRCP = primary “rule-book” for civil cases in federal courts.
  • Think of it as a recipe book: tells you "ingredients" (documents, motions, deadlines) and "cooking methods" (how to combine & present them) for each litigation stage.
• Law-school tip: keep a copy of FRCP on your desk; annotate it as you encounter cases.

Pre-Suit Strategic Considerations

• Threshold question: Should you sue at all?
  • Evaluate cost, client goals, settlement prospects, reputational risk, collectability of judgment.
• Forum selection: Which court(s) have jurisdiction & which is strategically preferable?
  • Factors: personal jurisdiction, subject-matter jurisdiction, convenience, jury pools, speed, precedent.
• Factual development before filing:
  • Interview client & witnesses, gather documents, preserve evidence (avoid spoliation sanctions).
• Cause-of-action mapping: Identify every viable legal theory; weigh synergy or conflict among them.
• Narrative framing: Craft a sympathetic story — persuasive lawyering begins before the complaint is drafted.

Stage 1: The Complaint

• The initiating pleading filed by the plaintiff.
• Typical structure:
  1. Statement of jurisdiction – explains why THIS court may hear THIS case.
  • U.S. legal culture is “obsessed” with jurisdiction; judges cannot act without it.
  1. Factual allegations & causes of action – numbered paragraphs reciting relevant facts and the legal grounds (causes).
  • A “cause of action” = set of facts + legal theory entitling plaintiff to relief.
  • Multiple causes may coexist in one suit.
  1. Claim for relief (prayer for relief) – tells court what remedy is sought (money damages, injunction, declaratory judgment, etc.).

Example Scenario (celebrity contract)

• Facts: Celebrity buys ex-partner’s silence via contract; ex leaks photos anyway.
• Possible causes of action:
  • Breach of contract – violation of the confidentiality agreement.
  • Defamation – published false statements harming reputation.
• Illustrates:
  • One set of facts can spawn multiple legal theories.
  • Filing ≠ winning; legal & moral merits are separate inquiries.

Service of Process

• After filing, plaintiff must serve complaint + summons on each defendant.
  • Goal: give formal notice; due process requires reliable delivery methods.
  • FRCP specify who may serve, deadlines, acceptable methods (personal, substituted, waiver).

Defendant’s Initial Responses

• Deadline (under FRCP 12) to respond.

Motion to Dismiss (Rule 12(b))

• Argues case should end before merits are litigated.
  • Court assumes pleaded facts are true for the motion.
  • Common grounds: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, failure to state a claim, etc.
• If granted ➔ case (or specific claim) ends.
• If denied ➔ defendant must file an Answer.

Answer

• Defendant addresses complaint paragraph-by-paragraph:
  • Admit, deny, or state insufficient knowledge.
• May raise affirmative defenses (e.g., statute of limitations, self-defense, estoppel).
• May assert counterclaims against plaintiff.
• Tactical note: Defendant chooses between immediate Answer vs. try Motion to Dismiss first (risk: two rounds of briefing).

Discovery Phase

• U.S. innovation adopted globally in variants.
• Purpose: compel exchange of information so cases are decided on merits, not ambush.
• Main devices (FRCP 26–37):
  • Interrogatories – written questions answered under oath.
  • Requests for production – documents, ESI (electronically stored information), tangible things.
  • Requests for admission – narrow factual disputes.
  • Depositions – oral questioning under oath before court reporter; transcript created.
  • Subpoenas to non-parties (Rule 45).
• Fights over scope ➔ motions to compel, protective orders; discovery = costly/strategically intense.

Dispositive Motion: Summary Judgment (Rule 56)

• Timing: after adequate discovery.
• Standard: Moving party must show “no genuine dispute as to any material fact” and entitlement to judgment as a matter of law.
• For defendant: argues no jury could reasonably find liability.
• For plaintiff: argues evidence is so one-sided that liability is certain.
  • Harder because plaintiff bears burden of persuasion on most elements.
• Civil burden: preponderance of the evidence
  P(\text{plaintiff wins}) > 50\%
• Criminal comparison: beyond a reasonable doubt = much higher, but undefined numerically.
• If granted fully ➔ no trial; if partial ➔ remaining issues proceed.

Trial

Types

• Bench trial – judge is fact-finder.
• Jury trial – constitutionally or statutorily available for some civil claims.
  • Voir dire: juror questioning; challenges for cause & peremptory.

Evidence Rules

• Federal Rules of Evidence govern admissibility, authenticity, hearsay exceptions, relevance, privilege, etc.
• Separate 1L course because evidentiary rulings shape outcomes.

Mid-Trial Motion: Judgment as a Matter of Law (JMOL) / Directed Verdict

• Timing: after adversary rests, sometimes renewed after verdict (JNOV/renewed JMOL).
• Logic mirrors summary judgment but focuses on trial record: no reasonable juror could decide against mover.

Verdict

• Jury deliberates; must reach unanimous or super-majority (depends on jurisdiction) for civil verdict.

Post-Trial Motions (FRCP 50, 59)

• Renewed JMOL (JNOV) – overturn jury verdict.
• Motion for new trial – serious error or miscarriage of justice.
• Motion to amend judgment – correct clerical errors, alter damages.

Judgment & Execution

• Court enters final judgment.
• Winning party may need enforcement:
  • Money judgment ➔ wage garnishment, liens, asset seizure.
  • Specific property ➔ writ of replevin; sheriff may seize ring, car, etc.
• Contempt powers enforce injunctions.

Appeals

• Hierarchical court system: trial court ➔ intermediate appellate court ➔ supreme court.
• Appeal as of right from final judgments; interlocutory appeals limited.
• Parties:
  • Appellant = loser below seeking reversal.
  • Appellee = winner below defending judgment.
  • Cross-appeal possible when both find fault with judgment.
• U.S. Supreme Court review = discretionary via writ of certiorari ("cert").

Procedural Flowchart Summary

1. Complaint drafted & filed.
2. Service of process.
3. Defendant responds: Motion to Dismiss or Answer.
4. Discovery commences.
5. Summary Judgment motion(s).
6. Trial (bench or jury) if issues remain.
7. JMOL/Directed Verdict motions during trial.
8. Verdict.
9. Post-trial motions.
10. Entry of judgment; enforcement.
11. Appeal.

Practical / Ethical Considerations & Critiques

• Access to justice: Litigation cost/complexity may deter meritorious claims or pressure unfair settlements.
• Discovery abuse: Fishing expeditions, strategic delay → need for proportionality and sanctions.
• Jurisdictional maneuvering: Forum shopping may produce inequitable advantages.
• Settlement dominance: Vast majority of cases settle pre-trial; jury trial is the exception, not the rule.
• Critical perspective: Law reflects power structures; winning in court doesn’t necessarily equal moral victory.

Comparative & Historical Notes

• Discovery once unique to U.S.; other common-law jurisdictions (e.g., U.K., Australia) now have structured disclosure but narrower.
• Civil jury rare outside U.S.; European systems rely on professional judges or mixed panels.
• FRCP (1938) replaced rigid common-law pleading with notice pleading, shaping modern liberal amendments & discovery-driven practice.