Memory tricks for jurisdiction, pleadings, discovery & trial
Civil procedure is the roadmap of how a lawsuit travels from filing to final judgment. From choosing the right court to surviving a motion to dismiss to navigating discovery — these memory tricks give you the procedural framework that underlies every civil case in the American court system.
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Jurisdiction
SPJ
Subject Matter · Personal · Jurisdiction — need both to proceed
Two Jurisdictions Every Court Needs
Before any federal court can hear a case, it needs two green lights: Subject Matter Jurisdiction (the right kind of case) AND Personal Jurisdiction (power over the defendant). Miss either one and the case gets dismissed — no matter how strong the merits. SPJ = both required, always.
Federal question SMJ
Case arises under federal law, treaties, or the Constitution (28 U.S.C. §1331). No amount-in-controversy requirement.
Diversity SMJ
Complete diversity of citizenship (no plaintiff same state as any defendant) + amount in controversy exceeds $75,000 (28 U.S.C. §1332).
Personal jurisdiction
Power over the defendant — requires either presence, domicile, consent, or minimum contacts with the forum state (Int'l Shoe).
Cannot be waived
Subject matter jurisdiction can NEVER be waived — even by agreement. Personal jurisdiction CAN be waived if not raised early.
Pleadings
CAN
Complaint · Answer · (possible) counterclaim/cross-claim · Notice pleading standard
The Pleading Stage — How a Case Starts
A civil case begins with pleadings. CAN: Complaint (plaintiff's claim) → Answer (defendant's response, must be filed within 21 days in federal court) → possible counterclaims or cross-claims. Federal courts use notice pleading — plausible claim, not detailed proof (Twombly/Iqbal standard).
Complaint
Must contain: short plain statement of jurisdiction · short plain statement of the claim showing entitlement to relief · demand for relief (FRCP Rule 8).
Twombly/Iqbal
Pleading must allege facts sufficient to state a plausible claim — not just possible. Conclusory labels and legal conclusions don't count.
Answer
Defendant must admit, deny, or state lack of knowledge for each allegation. Affirmative defenses must be raised or they're waived.
Rule 12(b)(6)
Motion to dismiss for failure to state a claim — tests legal sufficiency of the complaint, not the facts. Court accepts all well-pleaded facts as true.
Venue & Removal
WARD
Where defendant resides · Any district where events occurred · Removal · Diversity cases
Venue — Which Federal District Court?
Even with proper jurisdiction, the case must be in the right district. WARD: venue is proper Where defendant resides, Any district where substantial events occurred, or where any defendant resides if all defendants are in the same state. Defendants can Remove state cases to federal court if federal jurisdiction exists.
Venue (28 USC §1391)
Proper in: district where any defendant resides (if all in same state) OR where substantial part of events occurred OR where any defendant subject to PJ (if no other district works).
Transfer
Court may transfer to any district where case could have been filed, for convenience of parties and witnesses or in interest of justice (§1404).
Removal
Defendant removes state case to federal court within 30 days of service. All defendants must agree. Plaintiff cannot remove. Cannot remove diversity case if any defendant is a citizen of the forum state.
Forum non conveniens
Court may dismiss in favor of a more convenient foreign forum — used when an alternative forum exists and balance of private/public factors favors dismissal.
Discovery
DRIED
Depositions · Requests for production · Interrogatories · Expert disclosures · Document requests
The 5 Main Discovery Tools
Discovery is the pre-trial exchange of information. DRIED covers the main tools: Depositions (sworn oral testimony) · Requests for production (documents/things) · Interrogatories (written questions, answered under oath) · Expert disclosures · ESI (electronically stored information). Scope: anything relevant and not privileged.
Depositions
Oral examination of a witness under oath, recorded by a court reporter. Can depose any person, not just parties. Limited to 10 per side (FRCP).
Interrogatories
Written questions answered in writing under oath. Only served on parties (not non-party witnesses). Limited to 25 per side in federal court.
Work product doctrine
Attorney's mental impressions, conclusions, opinions, and legal theories prepared in anticipation of litigation are protected from discovery.
Scope
FRCP Rule 26: any non-privileged matter relevant to any party's claim or defense and proportional to the needs of the case.
Summary Judgment
NGGD
No Genuine dispute of material fact · Judge decides as a matter of law
Summary Judgment — Ending the Case Before Trial
Summary judgment (Rule 56) lets a court end a case before trial when there's no genuine dispute about the material facts — only a legal question remains. NGGD: No Genuine dispute of material fact → Judge Decides as a matter of law. The non-moving party gets all reasonable inferences in their favor.
Standard
Moving party must show no genuine dispute of material fact. Non-moving party must point to specific evidence — cannot rest on allegations alone (Celotex).
Material fact
A fact that could affect the outcome under governing law. Disputes about immaterial facts don't preclude summary judgment.
Genuine dispute
A reasonable jury could return a verdict for the non-moving party. If no reasonable jury could, summary judgment is appropriate.
Timing
Can be filed any time until 30 days after close of discovery. Often filed after discovery reveals the other side has no evidence.
Erie Doctrine
ERIE = State law on substance · Federal law on procedure
Erie Railroad v. Tompkins — no federal general common law
Erie Doctrine — Which Law Applies in Federal Court?
In diversity cases, federal courts apply state substantive law but federal procedural law. ERIE: Erie Railroad v. Tompkins (1938) overruled Swift v. Tyson — there is no federal general common law. Outcome determinative test: if the choice of law would significantly affect the outcome, it's substantive → apply state law.
Substance vs. procedure
Substantive (state): elements of claims, statutes of limitations, standards of liability. Procedural (federal): pleading standards, discovery rules, trial procedures.
Outcome determinative
Guaranty Trust test: would applying federal vs. state law significantly affect the outcome? If yes → substantive → apply state law.
Hanna v. Plumer
If a Federal Rule of Civil Procedure directly conflicts with state law, the FRCP governs if it's valid under the Rules Enabling Act.
Why it matters
Prevents forum shopping — plaintiffs can't choose federal court just to get more favorable judge-made law on substantive issues.
Class Actions
CANT
Commonality · Adequacy · Numerosity · Typicality
Rule 23 Class Action — 4 Prerequisites
A class action lets many plaintiffs sue together under Rule 23. CANT covers the four prerequisites that must ALL be satisfied: Commonality (shared legal questions) · Adequacy (representative adequately protects the class) · Numerosity (so many members individual suits are impracticable) · Typicality (rep's claims typical of the class).
Numerosity
Class so numerous joinder of all members is impracticable. No magic number — courts look at size, geography, and practicality. Often 40+ members suffice.
Commonality
Questions of law or fact common to the class. At least one common question whose answer will resolve an issue central to all claims (Wal-Mart v. Dukes).
Typicality
Representative's claims arise from the same event or practice and are based on the same legal theory as class members' claims.
Adequacy
Representative must fairly and adequately protect class interests — no conflicts of interest + competent class counsel.
Preclusion
RJ + CJ
Res Judicata (claim preclusion) · Collateral Estoppel (issue preclusion)
Res Judicata & Collateral Estoppel — No Second Bites
Preclusion doctrines prevent relitigation. RJ = Res Judicata (claim preclusion): a final judgment on the merits bars all claims that were or could have been raised in the first suit. CJ = Collateral Estoppel (issue preclusion): a specific issue actually litigated and decided cannot be relitigated.
Res judicata elements
Same parties (or those in privity) · same claim (transactional test — same nucleus of facts) · final judgment on the merits · by a court of competent jurisdiction.
Collateral estoppel
Issue was actually litigated · actually decided · essential to the prior judgment · same party to be bound was a party in the prior action.
Non-mutual CE
Offensive: new plaintiff uses prior finding against defendant (allowed but courts have discretion). Defensive: defendant uses prior finding against plaintiff (generally allowed).
Why it matters
Promotes judicial efficiency and finality. A party who loses cannot simply refile the same case — must appeal within the original case.
Appeals
FIND
Final judgment rule · Interlocutory exceptions · New trial motions · De novo vs. clear error
Appellate Review — When & How Courts Review
Appeals are not automatic do-overs. FIND: Final judgment rule — courts of appeals only review final decisions · Interlocutory exceptions exist (injunctions, collateral orders) · New trial motions must be filed first · Standard of review matters: De novo for legal questions, clear error for facts, abuse of discretion for judge's choices.
Final judgment rule
28 USC §1291: courts of appeals jurisdiction over final decisions only — no piecemeal appeals. Must wait until case fully resolved below.
Interlocutory appeals
Exceptions: §1292(a) injunctions · collateral order doctrine (Cohen) · §1292(b) certified questions · mandamus for extraordinary cases.
Standards of review
De novo (fresh): legal questions, statutory interpretation. Clear error: factual findings (highly deferential). Abuse of discretion: evidentiary rulings, procedural decisions.
Harmless error
Not every error warrants reversal — error must have affected the outcome. Appellant bears burden of showing error was not harmless.