Civil Procedure

68 articles

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68 Civil Procedure Articles

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

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

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

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