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

Complaint drafted & filed.
Service of process.
Defendant responds: Motion to Dismiss or Answer.
Discovery commences.
Summary Judgment motion(s).
Trial (bench or jury) if issues remain.
JMOL/Directed Verdict motions during trial.
Verdict.
Post-trial motions.
Entry of judgment; enforcement.
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.