Civil Procedure

The life of a federal civil lawsuit — from pre-filing to enforcement

Follow a civil case from pre-filing investigation through enforcement. Click any stage to explore the relevant FRCP rules, key concepts, and landmark cases.

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Rules

Rule 1128 USC §133128 USC §133228 USC §136728 USC §1391
Rule 11Signing pleadings — certification of good faith basis
Applies to: every pleading, motion, and paper filed with the court. Does NOT apply to: discovery (Rule 37 governs instead) or oral arguments. Continuing duty — violation can occur by later advocating a position.
28 USC §1331Federal question jurisdiction
28 USC §1332Diversity jurisdiction ($75K+ amount in controversy)
28 USC §1367Supplemental jurisdiction
28 USC §1391Venue — proper district for filing

Key Concepts

Key Cases

Erie Railroad Co. v. Tompkins (1938)

Federal courts sitting in diversity must apply state substantive law

International Shoe Co. v. Washington (1945)

Personal jurisdiction requires minimum contacts with the forum state

World-Wide Volkswagen Corp. v. Woodson (1980)

Foreseeability alone insufficient — defendant must purposefully avail itself of the forum

Hays v. Sony Corp.

Attorney sanctioned $14,895 for filing claim based on abolished law with no pre-filing investigation. Objective negligence standard.

Hunter v. Earthgrains

Sanctions vacated — arguing against controlling precedent was non-frivolous because circuit split existed and Supreme Court authority supported the position. Losing ≠ Rule 11 violation.

Blue v. U.S. Dept. of Army

Rule 11 must not chill advocacy for legal change — "If arguing against precedent were forbidden, the parties who brought Brown v. Board of Education might have been thought to have engaged in sanctionable conduct for pursuing claims in the face of Plessy v. Ferguson."

Wright v. Universal Maritime Service Corp. (1998)

Supreme Court validated Hunter's legal theory after she filed but before sanctions were imposed — demonstrates arguing against controlling precedent can be vindicated.

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