Civil Procedure

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28 Civil Procedure Articles

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

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

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

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

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

Service of Process: How a Defendant Is Formally Notified of a Lawsuit Introduction Service of process is the formal procedure used to notify

Twombly and Iqbal: How the Supreme Court Changed Federal Pleading Standards Introduction Two Supreme Court decisions transformed the way fed

Notice Pleading and Plausibility Pleading Notice pleading and plausibility pleading describe two important stages in the development of mode

Pleading Standards Pleading standards determine what a party must allege in a civil lawsuit and how much factual and legal detail must appea

The Complaint A complaint is the pleading through which a plaintiff formally states a civil claim against a defendant and asks a court to pr

How a Civil Lawsuit Begins A civil lawsuit begins when a plaintiff formally invokes the authority of a court to resolve a legal dispute. In

The Erie Doctrine The Erie Doctrine is the body of federal law governing when a federal court must apply state law rather than federal law t

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