Civil Procedure Templates
The writing templates of this subject are presented in the following outline. The outline prioritizes practicality, offering context to clarify the relationships between templates and provide a clear framework.
Forum Selection
Before filing, the plaintiff assesses whether the chosen forum meets the requirements for (1) personal jurisdiction, (2) subject matter jurisdiction, and (3) is the proper venue. After filing the complaint, the plaintiff must also ensure the defendant receives (4) notice.
Personal Jurisdiction
1. When a court (state or federal) seeks personal jurisdiction over an individual within a specific forum (commonly tested):
2. When a court (state or federal) seeks personal jurisdiction over a corporation in a specific forum (commonly tested):
3. When the action is in federal court and based on a federal statute authorizing national service of process:
4. When a court seeks to determine rights in a particular property located within the forum state:
5. When a court is attempting to resolve a personal claim against a defendant by asserting control over a property located in the forum state that the defendant owns or has an interest in:
Subject Matter Jurisdiction
State Courts
State courts automatically have jurisdiction over cases arising under state law, such as contract disputes, tort claims, and property law.
State courts may also adjudicate federal claims under their general jurisdiction unless Congress has expressly reserved exclusive jurisdiction for federal courts. Examples of such exclusive federal jurisdiction include cases under the Securities Exchange Act of 1934, intellectual property matters, and bankruptcy proceedings.
Federal Courts
Federal courts have limited subject matter jurisdiction, which must be explicitly established. The court can establish subject matter jurisdiction (SMJ) by establishing the case satisfies the requirements of (1) federal question jurisdiction or (2) diversity jurisdiction.
Once jurisdiction over the subject matter is established, a party may claim (3) supplemental jurisdiction over added claims.
Pleadings
1. To initiate litigation, the plaintiff will fill a complaint. The plaintiff must ensure the defendant receives notice of the legal action. Notice is a constitutional requirement to inform the defendant of the case against them.
- Complaint
- Notice
2. Motions to Dismiss (Rule 12(b)) are typically filed before or with an Answer.
- Motion to Dismiss (Rule 12(b))
- Answer
Grounds for Motions to Dismiss include:
- Lack of Personal Jurisdiction (see above)
- Lack of Subject Matter Jurisdiction (see above)
- Improper Venue
- Insufficient Process
- Insufficient Service of Process
- Failure to State a Claim upon which Relief my be Granted
- Failure to Join a Necessary Party
If the case was filed in state court, the defendant may remove it to federal court if federal jurisdiction exists. The defendant must file a Notice of Removal in the federal district court. If the plaintiff believes that removal was improper, they can file a Motion to Remand to send the case back to state court.
- Notice of Removal/Motion to Remand
3. An Answer may be filed by the defendant if no motion to dismiss is filed, or after a denied motion to dismiss. The Answer may include responses to each allegation in the complaint, affirmative defenses, and possibly counterclaims or crossclaims.
- Answer
4. Counterclaims, Crossclaims, or Third-Party Complaints may be included in the Answer or filed separately.
- Counterclaim
- Crossclaim
- Third-Party Complaint (Rule 14)
The following motions are also available to the parties.
- Motion to Amend Pleadings (Rule 15)
- Motion for Judgment on the Pleadings
- Motion for a More Definitive Statement
- Motion to Strike
When multiple parties are involved, defendant motions: the following actions may be initiated by motions or complaints of varying types.
- Motion to Join (Joinder of Parties)
- Motion of Intervention
- Motion of Impleader
- Motion of Interpleader
- Motion for Class Certification
Each party must sign every pleading certifying it was filed after a reasonable inquiry, for a proper purpose, and has a legal basis and evidentiary support. Challenges for such a violation may be initiated by motion or the court sua sponte.
- Certification & Sanctions
Discovery Issues
1. Early in the discovery phase, parties are required to meet and confer to discuss discovery needs, a proposed discovery plan, and initial disclosures.
- Discovery Conference
2. Following the discovery conference, each party must provide certain initial disclosures without awaiting discovery requests.
- Mandatory Disclosures
3. After initial disclosures, parties can use various discovery tools to gather additional information:
- Depositions
- Interrogatories
- Requests to Produce and Permit Inspection
- Physical and Mental Examination
- Requests for Admission
4. If a party fails to respond adequately to a discovery request, the requesting party may file a Motion to Compel, seeking a court order to require the production of the requested information.
- Motion to Compel
5. A party may respond to a Motion to Compel or independently file a Motion for Protective Order to limit or modify discovery if the requests are unduly burdensome, irrelevant, or overly intrusive.
- Motion for Protective Order (Scope of Discovery)
6. If a party fails to comply with discovery obligations or court orders, the opposing party may file a Motion for Sanctions, requesting penalties to enforce compliance with discovery rules.
- Motion for Sanctions
7. As the discovery phase concludes, the court and parties discuss final preparations for trial, including the trial schedule, witness lists, evidence, and any pending motions.
- Pre-Trial Conference
Interlocutory Injunctions
Interlocutory injunctions are used as provisional remedies during discovery or trial to preserve the status quo and prevent irreparable harm to the moving party until a final judgment is reached.
- Temporary Restraining Orders
- Preliminary Injunctions
- Permanent Injunctions
Adjudication Without Trial
A case may be adjudicated without trial through judgment on the pleadings, default judgment, dismissal, or summary judgment.
- Judgment on the Pleadings
- Default Judgment
- Dismissal
- Motion for Summary Judgment
Motions for Summary Judgment are typically filed after discovery. Grounds for Motions for Summary Judgment include:
- No genuine issue of material facts
- Applicable legal standard clearly favors moving party
- Issue Preclusion (Res Judicata)
- Claim Preclusion (Collateral Estoppel)
- Erie Doctrine
Adjudication by Trial
Is trial by jury proper?
- Trial by Jury
At the close of evidence, a party may file the following motions:
- Motion for Judgment as a Matter of Law (Directed Verdict)
- Renewed Motion for Judgment as a Matter of Law (JNOV)
The court issues a judgment.
- Judgment
After the judgment is issues, a party may file a motion for a new trial.
- Motion for a New Trial
Post Trial
The Full Faith and Credit Clause governs enforcement of final judgments in other state and federal courts.
- Judgment Enforcement
Parties may appeal or seek relief from a judgment.
- Appeal
- Relief from Judgment
The court issues a judgment.
- Judgment
After the judgment is issues, a party may file a motion for a new trial.
- Motion for a New Trial
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