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Civil Procedure

Scope of Discovery The scope of discovery determines what information a party to a civil lawsuit may obtain from another party during the pr

Civil Procedure

What Is Discovery? Discovery is the pretrial process through which parties to a civil lawsuit obtain information, documents, electronically

Civil Procedure

Class Certification What Is Class Certification? Class certification is the court’s formal determination that a lawsuit may proceed as a cla

Civil Procedure

Class Actions What Is a Class Action? A class action is a civil lawsuit in which one or more representative parties litigate on behalf of a

Civil Procedure

Intervention What Is Intervention? Intervention is a procedural mechanism that allows a person or entity that was not originally named as a

Civil Procedure

Required and Necessary Parties Civil litigation sometimes involves people or entities whose interests are so closely connected to the disput

Civil Procedure

Counterclaims and Crossclaims A civil lawsuit does not always consist of one plaintiff making claims against one defendant. Once litigation

Civil Procedure

Amending Pleadings Civil litigation rarely proceeds exactly as it begins. A plaintiff may discover that a factual allegation was incomplete,

Civil Procedure

Rule 12(b)(6) Failure to State a Claim A Rule 12(b)(6) motion is a request asking a federal court to dismiss a claim because the complaint f

Civil Procedure

Motion to Dismiss A motion to dismiss is a formal request asking a court to terminate a civil claim, a lawsuit, or part of a lawsuit without

Civil Procedure

Affirmative Defenses An affirmative defense is a legal defense that allows a defendant to avoid liability even if the plaintiff’s basic alle

Civil Procedure

Answering a Complaint: How a Defendant Responds to a Civil Lawsuit Introduction After a defendant has been properly served with a complaint,