Ch10. Civil Procedure — Comprehensive Review and Common Pitfalls

Federal Civil Litigation — Procedural Flow

Complaint filed → Summons issued → Service of process
  → Answer (or Rule 12 motion) filed
  → Rule 16 scheduling conference
  → Discovery (FRCP 26–37)
  → Summary judgment motions (FRCP 56)
  → Final pretrial conference → Trial
  → Verdict / Judgment → Post-trial motions (FRCP 50/59)
  → Notice of appeal (30 days) → Circuit Court
  → Petition for certiorari → Supreme Court
  → Final judgment → Enforcement (writ of execution,
    garnishment, etc.)

Ways a case terminates without trial:
  Judgment on the pleadings (FRCP 12(c))
  Summary judgment (FRCP 56)
  Voluntary dismissal (FRCP 41)
  Settlement (with or without consent judgment)
  Default judgment (FRCP 55)
  Mediation / arbitration award confirmed as judgment

Key Numerical Rules at a Glance

Jurisdiction / venue:
  Federal question: 28 U.S.C. § 1331 — any amount.
  Diversity: 28 U.S.C. § 1332 — AIC > $75,000,
    complete diversity of citizenship.
  CAFA class action: AIC > $5 million aggregate,
    minimal diversity.

Pleadings and answer:
  Answer deadline: 21 days after service (FRCP 12(a)).
  Waived-service answer: 60 days.

Discovery:
  Initial disclosures: within 14 days of Rule 26(f) conf.
  Depositions: max 10 per side (FRCP 30(a)(2)(A)).
  Interrogatories: max 25 (FRCP 33(a)(1)).
  Fact discovery closes: per scheduling order (Rule 16).

Motions and judgment:
  Summary judgment: may be filed any time until
    30 days after close of discovery (local rules vary).
  Renewed JMOL: within 28 days of judgment (FRCP 50(b)).
  Motion for new trial: within 28 days (FRCP 59(b)).
  Rule 60(b) relief from judgment: "reasonable time"
    (≤ 1 year for mistakes, fraud, etc.).

Appeals:
  Notice of appeal: 30 days (private); 60 days (US party).
  Cert petition: 90 days from circuit judgment.

Small claims (state court):
  Dollar limit: varies — typically $5,000–$25,000.

Administrative review:
  APA general SOL: 6 years (§ 2401(a)).
  Specific agency statutes: often 30–60 days.

Comparison Charts

┌──────────────────┬──────────────────────┬──────────────────────┐
│                  │ Civil Litigation      │ Criminal Prosecution │
├──────────────────┼──────────────────────┼──────────────────────┤
│ Parties          │ Plaintiff vs.        │ Government vs.       │
│                  │   Defendant          │   Defendant          │
│ Purpose          │ Compensate /         │ Punish / deter       │
│                  │   enjoin             │                      │
│ Burden of proof  │ Plaintiff bears      │ Prosecution bears    │
│ Standard         │ Preponderance        │ Beyond reasonable    │
│                  │   (> 50%)            │   doubt              │
│ Settlement       │ Parties may settle   │ Plea bargain only    │
│ Governing rules  │ FRCP / FRE           │ Fed. R. Crim. P.     │
└──────────────────┴──────────────────────┴──────────────────────┘

Ten Most-Tested Common Error Points

① Res judicata / claim preclusion = JUDGMENT, not reasoning
   → Only the relief granted in the judgment triggers
     claim preclusion. Reasoning, dicta, and "alternative
     holdings" are not claim-preclusive (but may be
     issue-preclusive under collateral estoppel).

② Certiorari = legal issues only
   → The Supreme Court does not re-examine trial facts.
     Factual findings are reviewed only for clear error
     by the circuit court, not by the Supreme Court.

③ A default judgment has no res judicata effect on
   claims the defendant could have filed (counterclaims
   not pleaded in the defaulted action are not barred).
   → But a default judgment IS enforceable like any
     final judgment.

④ Voluntary dismissal under FRCP 41(a)(1)(A)(i):
   First dismissal = without prejudice (re-filing allowed).
   Second dismissal of the same claim = on the merits
   (two-dismissal rule — re-filing barred).

⑤ Notice of appeal is filed in the DISTRICT COURT,
   not the circuit court.
   → The district court clerk transmits the record up.

⑥ Family law = state court only.
   → Federal courts abstain from divorce, custody, and
     alimony matters (domestic-relations exception to
     diversity jurisdiction — Ankenbrandt v. Richards).

⑦ Non-reformation rule (no worsening a sole appellant's
   position) — but the appellee can argue for affirmance
   on any ground supported by the record even without
   a cross-appeal.

⑧ Small claims judgments are NOT self-enforcing.
   → Prevailing party must use garnishment, levy, or
     lien procedures to actually collect.

⑨ Burden of proof: plaintiff bears burden on every
   element of the claim; defendant bears burden on
   every affirmative defense.
   → An element the plaintiff fails to prove = judgment
     for defendant, not a plaintiff win on fewer elements.

⑩ Standing (Article III):
   Plaintiff must allege injury in fact, causation, and
   redressability — all three required or the case
   is dismissed for lack of jurisdiction, not on the merits.
   → Dismissed for lack of standing = without prejudice.

Three Core Principles of US Civil Procedure ★★★★★ : (1) Adversarial / party-driven; (2) pleading notice + discovery; (3) jury as independent fact-finder. Memory hook: Parties own the facts; jury decides them; judge keeps order

Three Effects of a Final Judgment ★★★★★ : Claim preclusion (res judicata) — bars relitigation; enforcement power — supports writs and garnishment; declaratory/injunctive effect — directly alters legal relations. Memory hook: Preclude, enforce, transform

Ways to Terminate a Case ★★★★★ : Trial verdict; summary judgment; voluntary dismissal; settlement; default judgment; judgment on the pleadings; arbitration award. Memory hook: Not every case needs a jury — most end sooner

Practice Quizzes (Comprehensive)

Q. What is the practical difference between a final judgment with claim preclusion and a default judgment without claim preclusion?

A final judgment entered after litigation on the merits carries full claim preclusion: the losing party cannot re-litigate the same claim or any claims that could have been brought in the same action. A default judgment, entered because the defendant failed to respond, also has full claim-preclusive effect as a judgment on the merits — the defendant is barred from later denying liability. However, a confirmed arbitration award or a consent decree has the same preclusive effect. The critical point is that lack of res judicata is not a feature of default judgments generally — all judgments are preclusive unless the court expressly dismisses without prejudice.

Q. When a plaintiff considers dismissing voluntarily under FRCP 41, what are the key strategic considerations?

(1) Timing: Before the defendant answers or moves for summary judgment, plaintiff may dismiss as of right under Rule 41(a)(1). After that point, plaintiff needs a court order (Rule 41(a)(2)) and may be subjected to conditions (e.g., payment of defendant’s fees). (2) Two-dismissal rule: A second voluntary dismissal of the same claim operates as an adjudication on the merits — plaintiff cannot re-file. (3) Limitations period: Dismissal without prejudice does not toll the statute of limitations; plaintiff must ensure there is time to re-file. (4) Counterclaims: If defendant has filed a compulsory counterclaim, dismissal of the complaint does not automatically terminate the counterclaim — the court may proceed on it independently.