Civil Litigation and Procedure
Civil Litigation and Procedure tests whether you can move a case from intake to judgment without losing on a technical default. Federal questions follow the FRCP; state eviction and family cases follow parallel state rules, so check the caption and local rule.
Pleadings and motions
- Rule 8(a) requires a short and plain statement of jurisdiction, the claim, and the relief. Legal conclusions alone do not survive.
- Rule 12(b)(6) tests plausibility under Twombly and Iqbal; Rule 12(e) is for a truly unintelligible pleading.
- Rule 15(a)(1) allows one amendment as of right within 21 days of service or a Rule 12(b) motion. Relation back under Rule 15(c)(1)(B) requires the same conduct, transaction, or occurrence.
Discovery and dispositive motions
- Rule 26(b)(1) scope is relevance and proportionality, considering importance, access, cost, and burden.
- Rule 56 summary judgment requires no genuine dispute of material fact and entitlement to judgment as a matter of law; the court views evidence in the nonmovant’s favor. Rule 56(d) protects you if discovery is incomplete.
- Rule 65 preliminary injunction: likelihood of success, irreparable harm, balance of equities, public interest; bond under Rule 65(c).
Worked example
A landlord moves for summary judgment in a retaliatory-eviction case, citing unpaid rent. The tenant’s affidavit says she complained about code violations two weeks before the notice to quit, and the landlord then refused rent. The court must credit the affidavit and draw inferences for the tenant. Timing plus refusal creates a genuine dispute on retaliation, so summary judgment is denied. If the tenant needed the landlord’s records to prove the timeline, she should file a Rule 56(d) affidavit rather than rely on argument.
Traps
Pleading facts instead of claims; missing the 21-day amendment window; ignoring meet-and-confer requirements; treating discovery objections as automatic; and moving for default judgment without the Rule 55 two-step and proof of damages.