Law School

The Rules of Civil Procedure (In a Nutshell)


Listen Later

I. Jurisdiction

Subject Matter Jurisdiction: Determines whether a court has the authority to hear a particular type of case. For instance, federal courts have jurisdiction over federal questions and diversity jurisdiction cases.

Personal Jurisdiction: Refers to the court's power over the parties involved in the litigation. A court must have personal jurisdiction over the defendant, which can be established through domicile, consent, presence in the state, or minimum contacts with the state.

II. Pleadings

Complaint: The initial pleading filed by the plaintiff, stating the grounds for the court's jurisdiction, the basis of the plaintiff's claim, and the demand for relief.

Answer: The defendant's response to the complaint, which may include defenses, admissions, denials, and any counterclaims against the plaintiff.

Reply: The plaintiff's response to a defendant's counterclaim.

Amended Pleadings: Parties may amend their pleadings to correct errors or to add new information, subject to certain rules and timelines.

III. Motions

Motion to Dismiss: Filed by the defendant, challenging the legal sufficiency of the plaintiff's complaint.

Motion for Summary Judgment: Requests the court to rule in favor of the moving party without a trial, arguing that there are no genuine issues of material fact and that the movant is entitled to judgment as a matter of law.

Motion for Judgment on the Pleadings: Similar to a motion to dismiss but filed after the pleadings are closed, asking for a judgment based solely on the pleadings.

IV. Discovery

Interrogatories: Written questions that one party serves on the other, which must be answered in writing and under oath.

Depositions: Oral questioning of a party or witness under oath, conducted before a court reporter.

Requests for Production: Requests to produce documents, electronically stored information, or tangible items relevant to the case.

Requests for Admission: Requests for a party to admit the truth of certain statements, thereby narrowing the issues for trial.

Subpoenas: Court orders requiring a person to testify at a deposition or trial, or to produce documents.

V. Trial Procedures

Pretrial Conferences: Meetings between the judge and parties to discuss the case and plan the trial, including settlement possibilities.

Jury Selection: The process of choosing jurors through voir dire, where potential jurors are questioned about their qualifications and potential biases.

Opening Statements: Both parties outline their cases to the jury, previewing the evidence they will present.

Presentation of Evidence: Both sides present their evidence through witness testimony, documents, and other exhibits.

Closing Arguments: Summarization of the case by both parties, attempting to persuade the jury to favor their side.

Jury Instructions: Directions given by the judge to the jury concerning the applicable law and the standards that must be met for a verdict.

Verdict: The jury’s decision, or the judge’s decision in a bench trial.

VI. Post-Trial Motions

Motion for a New Trial: Requests a new trial on the grounds of significant legal errors, juror misconduct, or newly discovered evidence.

Motion for Judgment Notwithstanding the Verdict (JNOV): Asks the court to overturn the jury’s verdict on the grounds that no reasonable jury could have reached such a conclusion based on the evidence presented.

VII. Appeals

Notice of Appeal: Filed by the losing party to initiate the appellate process.

Appellate Briefs: Written arguments submitted by both sides, explaining why the trial court's decision should be affirmed or reversed.

Oral Argument: Opportunity for lawyers to present their case to the appellate judges and answer their questions.

Appellate Decision: The appellate court may affirm, reverse, or remand the case back to the trial court for further proceedings.

VIII. Enforcement of Judgments

Writ of Execution: Orders the seizure of the debtor's property

Garnishment: Orders a third party to turn over the debtor's property

...more
View all episodesView all episodes
Download on the App Store

Law SchoolBy The Law School of America

  • 3.1
  • 3.1
  • 3.1
  • 3.1
  • 3.1

3.1

54 ratings


More shows like Law School

View all
Bloomberg Law by Bloomberg

Bloomberg Law

382 Listeners

Above the Law - Thinking Like a Lawyer by Legal Talk Network

Above the Law - Thinking Like a Lawyer

488 Listeners

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond by Alison Monahan and Lee Burgess - Law School Toolbox, LLC

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

512 Listeners

Sexy Unique Podcast by What's Your Journey?

Sexy Unique Podcast

3,332 Listeners

Law to Fact by Professor Leslie Garfield Tenzer

Law to Fact

193 Listeners

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress by Bar Exam Toolbox

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

437 Listeners

Calm it Down by Chad Lawson

Calm it Down

714 Listeners

Civil Procedure by Prof. Thomas Main

Civil Procedure

78 Listeners

The Law of the United States by Mark Shope

The Law of the United States

2 Listeners

Basic Contract Law for Students by The Contract Tutor

Basic Contract Law for Students

20 Listeners

Law School in Plain English: Torts & Criminal Law. by Jeff Brown

Law School in Plain English: Torts & Criminal Law.

12 Listeners

Law Schoolers by Law Schoolers

Law Schoolers

9 Listeners

American Law Cafe by Pre-Law Productions

American Law Cafe

10 Listeners

Study for the Bar in Your Car by Angela Rutledge, LLM, LLB

Study for the Bar in Your Car

5 Listeners