Civil Procedure

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PATH OF LITIGATION

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i. Investigation and jurisdiction

ii. Pleading, complaint, Rule 12 motion, answer

iii. Disclosure and discovery

iv. Summary judgment motion

v. Alternative dispute resolution

vi. Trial and trial motions

vii. Appeal

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(Rule 3)

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A civil action iscommenced by filing a complaint with the court

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Rule 8

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General rules of pleading

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Rule 8 (a)

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Rule 8(a) - Claim for Relief.

A pleading that states a claim for relief must contain:

(1) a short and plain statement of the grounds for the court's jurisdiction,

(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and

(3) a demand for the relief sought,

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Rule 8(b)

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admissions and denials

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BellAtlantic Corp. v. Twombly requires that a claim must....?

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a claim must state specificfacts that lead to a plausible claim

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How does Ashcroft v. Iqbal requires courts to treat allegations in a claim?

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Whena complaint contains conclusory allegations a court should ignore them

Afterthat, a court should decide whether the non-conclusory allegations plausiblysuggest an entitlement of relief

Iqbal established Twombly as binding on all cases, not just a specific subset.

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Do Arizona Rules of Civil Procedure follow Twombly or Gibson?

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Az. R. of Civ. P. require that a claim be more specific thanGibson, but not as specific as Twombly.

A claim doesn’t have to beplausible (Twombly), but the court will rely on the statement of the facts and reasonableinferences.

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What is personal jurisdiction?

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The doctrine that a court cannot exercise power over a party unlessthe state in which that court sits has some connection with him or with theclaim. Personal jurisdiction focuses onthe defendant who is being taken into court against his will.

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What is Subject Matter Jurisdiction?

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Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases.

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Where are the bounds of federal court jurisdiction set?

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Article III section 2 of the U.S. Constitution

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28U.S.C. §1332

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Diversity of citizenship; amount in controversy

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How is domicile established in regards to diversity of citizenship?

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Aperson is a citizen of the state in which they are domiciled, which is aphysical presence in a place with a certain state of mind concerning one’sintent to remain there.

(Hawkins v. Masters Farms Inc., Miss. Band ofChoctaw Indians v. Holyfield)

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Rule 8(b)

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Defenses;Admissions and Denials.

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Complete Rule 8(b)(1)

In General. In responding to apleading, a party must:

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(A) state in short and plain terms its defenses to each claimasserted against it; and

(B) admit or deny the allegationsasserted against it by an opposing party.

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Complete Rule 8(b)(2)

A denial must fairly respond to...?

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...the substance of the allegation.

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Rule 8(b)(3)

What are the rules of general and specific denials?

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A party that intends in good faith to deny all the allegations ofa pleading—including the jurisdictional grounds—may do so by a general denial.A party that does not intend to deny all the allegations must eitherspecifically deny designated allegations or generally deny all except thosespecifically admitted.

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Rule 8(b)(4)

What are the rules on denying part of an allegation?

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Rule 8(b)(4)

Denying Part of an Allegation. A party that intends in good faith to deny only part ofan allegation must admit the part that is true and deny the rest.

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Rule 8(b)(5)

How does a party respond to a claim when it "lacks knowledge or information sufficient to form a belief about thetruth of an allegation"?

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Rule 8(b)(5) Lacking Knowledge or Information.

A party that lacks knowledge or information sufficient to form a beliefabout the truth of an allegation must so state, and the statement has theeffect of a denial.

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Rule 8(b)(6)

What is the effect of failing to deny?

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An allegation—other than one relating to the amount ofdamages—is admitted if a responsive pleading is required and the allegation isnot denied. If a responsive pleading is not required, an allegation isconsidered denied or avoided.

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Rule 12

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Challenging the sufficiency of a complaint

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What are the Rule 12(b) pretrial motions to dismiss?

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(1) “Lack of subjectmatter jurisdiction;

(2) Lack of personaljurisdiction;

(3) Improper venue;

(4) Insufficient process;

(5) Insufficient serviceof process;

(6) Failure to statea claim upon which relief can be granted”

(7) “Failure to join aparty needed for a just adjudication” (includes necessary and indispensableparties).

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Rule 12(c)

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motionfor a more definite statement

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Rule 12 (d)

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motionto strike (parts of pleading that are immaterial, etc.)

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Rule 9(b)

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"Fraud or Mistake; Conditions of Mind.

In alleging fraud or mistake, a party muststate with particularity the circumstances constituting fraud or mistake.Malice, intent, knowledge, and other conditions of a person's mind may bealleged generally.”

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Prison Litigation ReformAct

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Prison Litigation Reform Act (PLRA) requires exhaustion ofwhatever administrative remedies that are available before filling a suit.

But, compliance with this act is not something that must beproven by π at the pleading stage.

This is an affirmative defense to be used by ∆.

See Jonesv. Bock (page 407)

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Rule 11

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Rule 11 regulates the way that lawyers and clients conduct themselves byestablishing standards for investigation of law and facts.