Civil Action Flow Chart: Pleadings Stage

Civil Action Flow Chart

• Civil actions follow a specific procedural flow, guided by the Federal Rules of Civil Procedure (FRCP).
• The initial stage involves the pleadings, where the plaintiff (P) presents their claim to the defendant (D).
• The pleadings must include specifics of the claim and the reason it is made.
• The D can then attack these pleadings.
• D can contest jurisdiction and the subject-matter it applies to.
• D can contest if facts are sufficient for the claim.
• D can contest preclusive effect of any prior litigations
• If the attack to the pleadings is successful, the pleadings may be amended in certain cases.
• If the attacks fail, either party can respond to the other party's arguments or defenses.

Stage 1: The Pleadings

• Provide notice to defendant proving what issue is brought by P, and the grounds behind it
• Identify the issues of fact and law and the evidence to be used at trial
• Early stage screening of meritless claims

Code Pleading Era

• Requires factual specificity in each element, where, when, what, and who.
• Focuses on circumstances of alleged wrongful conduct over legal conclusions
• Rule 8(a)(2) requires a short and plain statement to show entitlement to relief.
• Provides fair notice
• The element to show a plausible claim is identified by Twombly/Iqbal.

Rule 8(a)(2) and Rule 9(b)

• Short and plain statement of claim showing entitlement to relief.
• Plaintiff must allege facts that make it plausible that the defendant acted wrongly.
• Specific required pleading details.
• Must provide clear and verifiable facts/details/circumstances

Rule 9(b)

• In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.
• Plead factual elements and circumstances rather than conclusory language.
• Requires a higher pleading standard for fraud and mistake.

Rule 11

• Requires the attorney to make a reasonable inquiry before filing a case in regards to legitimacy and evidence.
• Prevents misuse of litigation, delays, and increases in cost or harassment.
• Encourages legal arguments to be warranted by existing law or by a nonfrivolous argument to extend/modify/reverse or establish new law.
• A factual contention must have evidentiary support, or it’s likely to have evidentiary support after a reasonable opportunity for further investigation

Rule 15: Amended and Supplemental Pleadings

• Allows amendments to pleadings before or during trial
• Must show that proposed amendments would not cause undue prejudice and that the amendment is not futile.
• Amendments before trial can occur as a matter of course within 21 days of serving the pleading or after service of a response.
• If a motion to amend is made within that timeframe it is considered as a matter of course, after that timeframe a party must receive leave of the court to allow the amendment.

Rule 12(b)(6)

• Motion to dismiss if the complaint, even assuming all facts are true, fails to state a claim upon which relief can be granted.
• For this motion, the judge does not consider whether the evidence supports the allegations but only whether the allegations, if true, could support the claims.

Subject Matter Jurisdiction

• Court has authority to hear a case based on either federal question or diversity jurisdiction.
• Diversity requires complete diversity between parties and a minimum dollar amount in controversy.

Personal Jurisdiction

• A court must have personal jurisdiction over the defendant.
• Whether a court has personal jurisdiction depends on the connections that the defendant has with the state.
• Minimum contacts test for those who do not fit into the traditional approach.

Preclusion [Judge-made doctrines]

• Claim Preclusion (Res Judicata): A final judgment on the merits in a prior case bars any later claims based on the same transaction or occurrence.
• Issue Preclusion: An issue of law or fact determined in a prior case is binding on any subsequent case involving the same parties.

Discovery

• Discovery is a process for obtaining evidence in a case.
• Rule 26(b)(1) governs scope and proportionality of discovery; that is whether it is relevant, non-privileged, and proportional to the needs of the case.
• Proportionality factors to consider: importance of the issue, amount in controversy, and parties' resources and access to information.