An Introduction to Civil Procedure

Welcome to Civil Procedure.

What is civil procedure? The simplest way of defining the term would be “the procedure of adjudicating a civil lawsuit.” It’s that simple. We have rules that are designed to help a civil lawsuit reach an outcome that is fair to all parties involved, and to do so quickly. This purpose is illustrated by the very first rule of civil procedure:

These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.

– Rule 1. Scope and Purpose

Civil v. Criminal

Before we provide a complete overview of civil procedure, it is important to understand what is considered “civil law” verses what is considered “criminal law.”

Criminal

All criminal law is prosecuted by the government. If someone has committed a violation of law, criminal prosecution is designed to remove the freedom of the violator.

Civil

Civil law is every action that isn’t criminal. Examples include a contract dispute, a claim arising out of a car crash, or an argument over who owns what property. Of course, there are often overlaps between civil and criminal law. For instance, if an individual is under the influence of alcohol and causes a car crash, the individual may be liable to both (1) the government for violating a drinking while driving law and (2) the other party for causing the car crash. Despite the overlaps, the principles are distinct and should not be blended together.

There are two types of remedies for civil law: (1) monetary damages, or (2) injunctive relief. Injunctive relief is a request for a court to order the other party to do something (such as fulfilling a contractual obligation) or refrain from doing something (such as tearing down a building for a new development).

Federal Civil Procedure

For purposes of the bar exam, and most civil procedure courses in law school, the focus is on federal civil procedure and the federal civil procedure rules and statutes. There are parallels between the federal court system and state courts, but each state is free to develop their own rules for civil procedure that could differ significantly from the federal court system. The federal court makes decisions related to national interests while state courts rule over state interests.

Federal civil procedure, then, are the rules for adjudicating a case in a federal court. Federal courts are often referred to as courts of limited jurisdiction. That is, federal courts are not allowed to hear every case. This leads us to the two main overarching themes throughout learning about civil procedure: (1) constitutional limitations on the federal court to hear a case, and (2) procedural rules for adjudicating a case that the federal court is permitted to hear.

Federal Court Structure

Before discussing these overarching principles, I want to spend a minute to discuss the structure of the federal court system. If a lawsuit is permitted to be heard in a federal court, then the lawsuit will be instituted in a federal district court. There are ninety-two district courts spread throughout the country, each with a geographical jurisdiction of where they will hear the claims. After adjudication in a district court, a party may appeal the outcome in a circuit court. 28 USC § 41 (see more below on the citation format) establishes thirteen circuit courts, which hear appeals from those districts within their geographical region. Any further disputes may appeal to the Supreme Court of the United States, which makes the final decision. Of course, these courts are not required to take up the appeal but choose to do so for a variety of reasons.

In summary, there are three tiers to the federal court system

1. Federal District Courts, where trials are held and most decisions are made.
2. Federal Circuit Courts, hearing appeals from the district court.
3. Supreme Court, which has the final say in any matter.

State courts often follow a similar structure, with a district court to hear cases, and then one or more appellate courts before reaching the state’s highest appellate court. The Supreme Court of the United States may also elect to hear certain appeals from a state’s highest court.

Constitutional Limitations

Under Article III of the United States Constitution, federal courts are established and authorized to hear certain types of cases (thus establishing the jurisdiction or “reach” of the court). The constitution also authorizes Congress to create courts and limit the jurisdiction of federal courts. And with this authorization, Congress has chosen to limit the reach of those federal courts. The statutory limitations on federal courts are found in the United States Code Title 28. Citations to Title 28 will look like: 28 USC § [section number].

As mentioned, the federal court system is much narrower when it comes to the types of cases they can hear (this is known as subject matter jurisdiction). The primary limitations are threefold. First, the court must have subject matter jurisdiction. Second, the court must have personal jurisdiction over the parties. Third, the parties were required to file their lawsuit in the proper venue. If we combine these three concepts, our job is to find the right court for the lawsuit, whether it is the federal court or the state court.

However, with limited exceptions, many of the cases that can be heard in the federal court can also be heard in a state court. Many factors may influence why a party may choose a federal court instead of a state court, or vice versa. These include:

• Convenience of the parties
• Party familiarity with the court system and rules
• Larger or smaller jury pools
• Court experience with a field of law
• etc.

Rules

After determining that a lawsuit may be adjudicated in a federal court (that is, the requirements for subject matter jurisdiction, personal jurisdiction, and venue have been satisfied), then it is time to begin the process of understanding the life of a case.

A civil action is commenced by filing a complaint with the court.

– Rule 3. Commencing an Action

The plaintiff files the complaint against the defendant, claiming the defendant wronged the plaintiff in some way. Within the required time frame, the defendant files an answer, responding to the allegations made by the plaintiff. Throughout the life of the case, the defendant will work hard to dismiss the case. The first opportunity to do so will happen in the answer. Rule 12 of civil procedure contains seven motions for dismissal.

1. lack of subject-matter jurisdiction
2. lack of personal jurisdiction
3. improper venue
4. insufficient process
5. insufficient service of process
6. failure to state a claim upon which relief can be granted
7. failure to join a party under rule 19

Following the pleading and answer is discovery, then motions for summary judgment, then trial, then appeals.

Summary

Our work in federal procedure can thus be summarized in two categories.

First, the constitutional limitations to determine whether there is subject matter jurisdiction, personal jurisdiction, and venue.

Second, following the procedural life of the case from the filing of the complaint through the final appeal.