Civil Procedure

Core MBE-tested Civil Procedure rules, each with a primary-source citation. Open in rapid-review mode →

• Complete Diversity at FilingComplete diversity requires that no plaintiff share state citizenship with any defendant, and citizenship is…
• Amount in ControversyThe amount in controversy must exceed $75,000 based on a good-faith allegation unless it is legally certain the claim…
• Citizenship of IndividualsAn individual is a citizen of the state of their domicile—physical presence plus intent to remain indefinitely.
• Citizenship of CorporationsA corporation is a citizen of both its state of incorporation and the state of its principal place of business.
• Citizenship of Partnerships & LLCsAn unincorporated association is a citizen of every state in which any member is a citizen.
• Supplemental Jurisdiction (Same Case or Controversy)Supplemental jurisdiction exists when the claim forms part of the same case or controversy—arising from a common…
• Supplemental Jurisdiction Limitation (Diversity Cases)In diversity cases, plaintiffs cannot use supplemental jurisdiction to defeat complete diversity or add new parties…
• Removal: General RequirementsDefendants may remove a case from state to federal court if the federal court has original jurisdiction and all…
• Removal: Forum Defendant RuleA diversity case cannot be removed if any properly joined and served defendant is a citizen of the forum state.
• Remand ChallengesA motion to remand for procedural removal defects must be made within 30 days of removal.
• Federal Question JurisdictionFederal question jurisdiction exists when the plaintiff’s well-pleaded complaint necessarily raises a federal issue.
• Well-Pleaded Complaint RuleA federal issue must appear on the face of the plaintiff’s complaint, not in defenses or counterclaims.
• Pendent Jurisdiction Over State ClaimsFederal courts may hear related state-law claims arising from a common nucleus of operative fact with a federal claim.
• Personal Jurisdiction: Traditional BasesPersonal jurisdiction exists when the defendant is domiciled, served while physically present, or consents to…
• Minimum ContactsMinimum contacts exist when the defendant purposefully avails itself of the forum such that it is foreseeable to be…
• Fair Play and Substantial JusticePJ must be consistent with fair play and substantial justice—consider burden on defendant, forum interest, and…
• Specific JurisdictionSpecific jurisdiction exists when the claim arises out of or relates to the defendant’s contacts with the forum.
• General JurisdictionGeneral jurisdiction exists when the defendant is “essentially at home” in the forum (individual = domicile;…
• Notice & Opportunity to Be HeardNotice must be reasonably calculated under the circumstances to apprise interested parties and allow them to object.
• Service of Process: MethodsService may be made by methods reasonably calculated to give notice, including state methods, personal service, or…
• Service on CorporationsService is proper when delivered to an officer, managing/general agent, or agent authorized by appointment or law.
• VenueVenue is proper where any defendant resides (if all reside in same state) or where a substantial part of events…
• Venue: Residency RulesIndividual residency = domicile; corporate residency = PJ in the district.
• Venue Transfer (Convenience)A court may transfer a case for convenience to any district where it could have been brought originally.
• Venue Transfer (Improper Venue)If venue is improper, court must dismiss or transfer in the interest of justice.
• Forum Non ConveniensA court may dismiss a case when an adequate alternative forum exists and convenience strongly favors dismissal.

• Eerie Doctrine: General RuleThe Erie doctrine requires federal courts sitting in diversity to apply state substantive law and federal procedural…
• Erie: Substantive vs ProceduralIf a federal rule is on point and valid, it governs; otherwise apply state law if outcome determinative.
• Judicial NoticeJudicial notice allows courts to accept indisputable facts without formal evidence.

• Pleadings: Rule 8(a) RequirementsA complaint must contain a short and plain statement of jurisdiction, the claim, and the relief sought.
• Twombly/Iqbal PlausibilityA complaint must allege enough facts to state a claim that is plausible, not merely conceivable.
• Heightened Pleading StandardsFraud, mistake, and special damages require particularized pleading.
• Amended Pleadings as of RightA party may amend once as a matter of course within 21 days of serving the pleading or a Rule 12 motion.
• Amendments with LeaveCourts should freely give leave to amend when justice so requires.
• Relation Back of AmendmentsAn amended claim relates back when it arises from the same transaction or occurrence as the original.
• Rule 11 SanctionsRule 11 requires filings be nonfrivolous, well-grounded in fact, and not for improper purpose; sanctions require…
• Service Waiver IncentivesDefendants who waive service get 60 days to respond; failing to waive without good cause may result in cost-shifting.
• Rule 12(b) DefensesSome Rule 12(b) defenses must be raised in the first response or are waived: PJ, venue, service, and process.
• Lack of Subject Matter JurisdictionLack of subject matter jurisdiction may be raised at any time and can never be waived.
• Motions for More Definite StatementRule 12(e) allows a motion when a pleading is too vague to respond to.

• Compulsory CounterclaimsA counterclaim arising from the same transaction or occurrence must be raised or it is waived.
• Permissive CounterclaimsA permissive counterclaim does not arise from the same transaction and requires independent jurisdiction.
• CrossclaimsCrossclaims are always permissive and must arise from the same transaction or occurrence.
• Permissive Joinder of PartiesParties may join when claims arise from the same transaction or share a common question of law or fact.
• Compulsory JoinderA required party must be joined if feasible when complete relief cannot be accorded or existing parties face prejudice.
• Indispensable PartiesIf a required party cannot be joined, the court decides whether equity requires dismissal.
• Impleader (Third-Party Practice)A defendant may bring in a third party who may be liable for all or part of the plaintiff’s claim.
• InterpleaderInterpleader allows a stakeholder to force competing claimants to litigate entitlement to the same property or funds.
• Intervention of RightIntervention as of right applies when disposition may impair the intervenor’s interest and existing parties…
• Permissive InterventionPermissive intervention is allowed when the claim shares a common question of law or fact.
• Class Actions: Rule 23(a)A class requires numerosity, commonality, typicality, and adequacy.
• Class Actions: Rule 23(b) CategoriesRule 23(b) class categories include prejudice classes, injunctive/declaratory classes, and damages classes.
• Rule 19 FeasibilityFeasibility of joinder depends on PJ, SMJ, and venue considerations.

• Discovery ScopeParties may obtain nonprivileged information relevant to any claim or defense and proportional to the needs of the case.
• Work Product DoctrineWork product protects materials prepared in anticipation of litigation unless substantial need and undue hardship…
• Attorney–Client Privilege LimitsAttorney–client privilege protects confidential communications for legal advice unless waived.
• Mandatory Initial DisclosuresParties must provide basic information early, including witnesses, documents, and damage computations.
• Expert DisclosuresRetained experts require full reports; non-retained experts require summaries.
• InterrogatoriesInterrogatories must be answered truthfully after reasonable inquiry and are limited to 25 questions.
• Requests for ProductionRequests for production compel documents, ESI, and tangible things within a party’s control.
• Requests for AdmissionRequests for admission seek to narrow issues by admitting or denying factual statements.
• DepositionsDepositions allow oral testimony under oath and are limited to 10 per side without leave.
• SubpoenasSubpoenas compel testimony or documents from nonparties but must not impose undue burden.
• Discovery SanctionsSanctions may include adverse inferences, fee shifting, dismissal, or default judgment for willful violations.
• Rule 26(f) ConferenceParties must confer early to plan discovery and prepare a joint report.
• Scheduling OrderA scheduling order issued under Rule 16 controls the timeline of litigation and may be modified only for good cause.
• Sanctions for Bad Faith LitigationCourts may impose inherent-power sanctions for bad-faith conduct independent of rule-based sanctions.
• Spoliation of EvidenceSpoliation sanctions require a duty to preserve, culpable destruction, and relevance to the claim.

• Summary Judgment StandardSummary judgment is proper when no genuine dispute of material fact exists and movant is entitled to judgment as a…
• Rule 56 Evidence RequirementsParties must support factual positions with materials in the record; unsupported assertions cannot defeat summary…
• JMOL StandardJudgment as a matter of law is proper when a reasonable jury would have no legally sufficient basis to find for the…
• Renewed JMOLA renewed JMOL may be made after a jury verdict if the party moved for JMOL at trial.
• New Trial StandardA new trial may be granted when errors, unfair prejudice, or a verdict against the great weight of evidence occurred.
• Default JudgmentDefault judgment enters when defendant fails to respond and plaintiff shows entitlement based on well-pleaded…
• Relief from Judgment (Rule 60)Rule 60 relief is available for mistake, new evidence, fraud, void judgments, or other extraordinary reasons.
• Voluntary DismissalA plaintiff may dismiss once without prejudice before an answer or summary judgment motion.
• Involuntary DismissalDismissal for failure to prosecute or comply with rules operates as adjudication on the merits unless stated otherwise.
• Preliminary InjunctionA preliminary injunction requires likelihood of success, irreparable harm, balance of equities, and public interest.
• TRO RequirementsA temporary restraining order requires immediate irreparable harm and efforts to give notice.
• Permanent InjunctionA permanent injunction requires actual success on the merits and irreparable harm not compensable by money damages.
• Enforcement of JudgmentsCourts may enforce judgments through writs such as garnishment or seizure of property.
• Declaratory JudgmentA declaratory judgment requires an actual controversy appropriate for judicial resolution.
• Preliminary HearingsCourts may resolve preliminary issues such as jurisdiction or venue without a full trial.
• Consolidation & Separate TrialsActions may be consolidated or separated to avoid prejudice or promote efficiency.
• Offers of JudgmentRule 68 allows cost-shifting when a plaintiff rejects a settlement offer and obtains a less favorable result.
• Magistrate Judge AuthorityMagistrate judges may decide nondispositive matters and dispositive matters with consent.
• Pro Se LitigantsPro se pleadings are liberally construed, but pro se litigants must comply with procedural rules.

• Final Judgment RuleAppeals generally lie only from final judgments resolving all claims and parties.
• Interlocutory AppealsCertain orders may be appealed immediately, such as injunctions and certified controlling questions of law.
• Collateral Order DoctrineOrders conclusively resolving important questions separate from the merits and effectively unreviewable later may be…
• Appeals: Standards of ReviewLaw is reviewed de novo; facts for clear error; discretionary decisions for abuse of discretion.

• Claim PreclusionA final judgment on the merits bars the same parties from relitigating the same claim arising from the same…
• Issue PreclusionIssue preclusion bars relitigation of issues actually litigated, determined, and essential to a prior judgment.
• Nonmutual Issue PreclusionNonmutual issue preclusion may apply when fair and the party to be bound had a full opportunity to litigate.
• Res Judicata ExceptionsExceptions to claim preclusion include lack of jurisdiction, inconsistent judgments, and express reservations.

• Seventh Amendment Jury RightThe Seventh Amendment guarantees a jury trial in federal civil cases at law, not equity.
• Right to Jury DemandA jury demand must be made within 14 days of the last pleading; otherwise, the right is waived.
• Juror SelectionParties may challenge jurors for cause or use limited peremptory strikes subject to equal protection limits.
• Directed Verdict (JMOL) TimingDirected verdict (JMOL) may be made after a party has been fully heard on an issue.
• Trial Motions: MistrialA mistrial may be declared when prejudicial error prevents a fair trial.

• Mootness DoctrineA case is moot when no live controversy remains, unless an exception applies.
• Ripeness DoctrineA claim is unripe when it is premature for judicial review.
• Standing: Injury in FactStanding requires a concrete and particularized injury that is actual or imminent.
• Standing: Causation & RedressabilityCausation requires the injury be fairly traceable to defendant; redressability requires a likely remedy.
• Third-Party StandingThird-party standing requires close relationship and hindrance to the third party asserting their own rights.
• Associational StandingAssociations may sue on behalf of members when members have standing and participation is unnecessary.
• Advisory OpinionsFederal courts may not issue advisory opinions absent an actual case or controversy.
• Political Question DoctrinePolitical questions are nonjusticiable when textually committed to another branch or lacking judicially manageable…
• Younger AbstentionYounger abstention applies when federal courts refrain from interfering with ongoing state criminal or quasi-criminal…
• Pullman AbstentionPullman abstention applies when a state-law question might avoid the need to resolve a federal constitutional question.
• Burford AbstentionBurford abstention prevents interference with complex state administrative schemes involving important public policy.
• Colorado River AbstentionColorado River abstention allows dismissal for exceptional circumstances involving parallel state litigation.
• Anti-Injunction ActFederal courts may not enjoin state proceedings except as authorized by statute, necessary to aid jurisdiction, or to…
• Sovereign ImmunitySovereign immunity bars suits against states unless waived or validly abrogated by Congress under the 14th Amendment.
• Qualified ImmunityQualified immunity protects officials unless they violated clearly established constitutional rights.
• Section 1983 RequirementsSection 1983 requires action under color of state law and deprivation of a federal right.
• Monell LiabilityMunicipal liability under Monell requires execution of a policy or custom causing a constitutional violation.
• Abstention and Federalism LimitsFederal courts must avoid undue interference with state courts and respect federalism principles.
• Federal Common LawFederal common law is limited to uniquely federal interests and necessary gap-filling in federal statutes.