March 31, 2025 • 12 mins
Welcome back to the Bar Exam Toolbox podcast! This is the last of three episodes in which we review the substantive Civil Procedure law we've covered on the podcast. We're concluding this series by tracking how a civil lawsuit unfolds, from pleadings to judgment.
In this episode, we discuss:
- Starting a lawsuit: pleadings and service of process
- Defendant's response and Rule 12 motions
- Amendments and pre-trial resolutions
- Joinder of parties
- Final judgment and post-judgment motions
Resources:
- Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/)
- Bell Atlantic Corp. v. Twombly (https://en.wikipedia.org/wiki/Bell_Atlantic_Corp._v._Twombly)
- Ashcroft v. Iqbal (https://en.wikipedia.org/wiki/Ashcroft_v._Iqbal)
- Podcast Episode 208: Listen and Learn – Motions to Dismiss a Case (https://barexamtoolbox.com/podcast-episode-208-listen-and-learn-motions-to-dismiss-a-case/)
- Podcast Episode 286: Listen and Learn – Conclusory Pleadings Under Rule 12(b)(6) (Civ Pro) (https://barexamtoolbox.com/podcast-episode-286-listen-and-learn-conclusory-pleadings-under-rule-12b6-civ-pro/)
- Podcast Episode 203: Listen and Learn – Motions for Summary Judgment (Civ Pro) (https://barexamtoolbox.com/podcast-episode-203-listen-and-learn-motions-for-summary-judgment-civ-pro/)
- Podcast Episode 262: Listen and Learn – Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro) (https://barexamtoolbox.com/podcast-episode-262-listen-and-learn-motions-for-judgment-as-a-matter-of-law-and-motions-for-new-trial-civ-pro/)
- Podcast Episode 145: Listen and Learn – Permissive Joinder and Required Joinder (https://barexamtoolbox.com/podcast-episode-145-listen-and-learn-permissive-joinder-and-required-joinder/)
- Podcast Episode 153: Listen and Learn – More Types of Joinder (Civ Pro) (https://barexamtoolbox.com/podcast-episode-153-listen-and-learn-more-types-of-joinder-civ-pro/)
- Podcast Episode 148: Listen and Learn – Claim and Issue Preclusion (Civil Procedure) (https://barexamtoolbox.com/podcast-episode-148-listen-and-learn-claim-and-issue-preclusion-civil-procedure/)
Download the Transcript
(https://barexamtoolbox.com/episode-306-spotlight-on
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Lee Burgess (00:01):
Welcome to the Bar Exam Toolbox podcast.
Today, we're charting the courseof a civil lawsuit from cradle to
grave in Part 3 of our substantivespotlight series on Civil Procedure.
Your Bar Exam Toolbox hosts are AlisonMonahan and Lee Burgess, that's me.
We're here to demystify the barexam experience, so you can study
effectively, stay sane, and hopefullypass and move on with your life.
(00:24):
We're the co creators of the Law SchoolToolbox, the Bar Exam Toolbox, and the
career-related website CareerDicta.
Alison also runs TheGirl's Guide to Law School.
If you enjoy the show, please leavea review on your favorite listening
app, and check out our sister podcast,the Law School Toolbox podcast.
If you have any questions, don'thesitate to reach out to us.
You can reach us via the contactform on BarExamToolbox.com,
(00:45):
and we'd love to hear from you.
And with that, let's get started.
Hi, this is Lee from the Law SchoolToolbox and the Bar Exam Toolbox.
Welcome back to substantive spotlight.
Today we're charting the course of a civillawsuit from cradle to grave or as we say
in legalese, from pleadings to judgment.
(01:05):
This is the roadmap episode you'vebeen waiting for, where we'll
connect all those procedural dotsand see how a case actually unfolds.
Think of a lawsuit as across-country road trip.
There are specific checkpointsyou must hit, detours that might
appear, and various ways the journeycan end, sometimes before you
reach your intended destination.
(01:26):
Today, we'll make sure you know theroute like the back of your hand.
So, let's start with gettingthe case off the ground.
Every lawsuit begins with pleadings - theformal documents that frame the dispute.
It all starts with the plaintiff'scomplaint, which lays out the claims,
factual allegations, and requested relief.
But here's where students oftenget tripped up: Since the Supreme
(01:49):
Court's decisions in Twombly andIqbal, a complaint needs more
than just bare bones allegations.
It must contain enough factualcontent to state a claim
that's plausible on its face.
What does "plausible" mean?
It means the factual allegationsmust allow the court to reasonably
infer the defendant is liable.
(02:09):
Merely reciting the elements of a claimwithout supporting facts won't cut it.
Those are just conclusory allegationsthat courts can disregard.
It's like telling a story.
You can't just say "The defendantwas negligent." You need to
explain what they did or didn'tdo that constitutes negligence.
After the complaint comes service ofprocess - getting that complaint and
(02:32):
summons into the defendant's hands.
Under Rule 4, service generally mustbe made by someone at least 18 years
old, who's not a party to the case.
Following proper servicerequirements is crucial.
Mess this up and your case could bedismissed before it really begins.
It's like failing to properlyaddress an envelope - your message
(02:53):
won't reach its destination.
Once served, the defendant has 21days to respond, or 60 days for
federal government defendants.
Their typical response is an answer whichadmits or denies each allegation and
raises any affirmative defenses - those"yes, but" arguments, like the statute
of limitations or assumption of risk.
(03:14):
Alternatively, the defendant mightfile Rule 12 motions before answering.
The most common is a 12(b)(6) motionto dismiss for failure to state a
claim - essentially arguing evenif everything in the complaint is
true, the plaintiff still loses.
Other Rule 12 motions challengepersonal jurisdiction,
venue, or service of process.
(03:35):
Think of these as procedural roadblocksthe defendant throws up to prevent
the case from moving forward.
If the case survives theseinitial challenges, either party
might amend their pleadings.
Under Rule 15, a party can amendonce as a matter of course,
within 21 days of serving it.
After that, they need either theopposing party's consent or the
(03:59):
court's permission, which courts shouldfreely give when justice so requires.
This amendment flexibility recognizesthat parties often learn new
information as the case progresses.
Also be aware that certain allegationscome with a heightened pleading standard,
as you see in FRCP 9(b) for fraud.
(04:19):
Now let's talk about pre-trialresolution attempts - how you
can end the journey early.
Most cases never make it to trial.
They're resolved throughpre-trial motions or settlement.
Let's look at the key mechanismsfor pre-trial resolution.
Summary judgment under Rule56 is the heavyweight champion
(04:40):
of pre-trial dispositions.
A party can move for summary judgmentwhen there's no genuine dispute as
to any material fact, and they'reentitled to judgment as a matter of law.
Unlike a motion to dismiss, summaryjudgment considers evidence outside the
pleadings - deposition, transcripts,affidavits, documents, anything
(05:00):
that would be admissible at trial.
It's like saying, "Let's cut to thechase. We already know this would end
at trial, so why bother going?" Thecourt views this evidence in the light
most favorable to the non-moving party,giving them every reasonable inference.
But if no reasonable jury could findfor that party based on the undisputed
facts, summary judgment is appropriate.
(05:22):
It's a powerful tool that preventscases with clear outcomes from
consuming judicial resources.
Another resolution mechanism is judgmentas a matter of law under Rule 50.
During trial, after a party has beenfully heard on an issue, the opposing
party can move for judgment as amatter of law if there's no legally
significant evidentiary basis for areasonable jury to find for that party.
(05:45):
It's like saying, "Even with their bestevidence presented, they still haven't
made their case." If the jury has alreadyrendered a verdict, a party can make a
renewed motion for judgment as a matterof law, formerly known as a judgment
notwithstanding the verdict, or JNOV.
The standard is the same (06:03):
Would a reasonable jury have a legally
significant evidentiary basis to findfor the party who won the verdict?
Sometimes cases end more quietly, throughdefault judgment when the defendant fails
to respond, or voluntary dismissal whena plaintiff decides to drop the case.
These less dramatic endings stillresolve the dispute, just without
(06:25):
the full litigation process.
So now let's move on to joinder issues- who's coming along for the ride?
Litigation rarelyinvolves just two parties.
Joinder rules determine who can or mustparticipate in a lawsuit, making the
litigation more efficient by resolvingrelated claims in one proceeding.
Permissive joinder under Rule 20 allowsmultiple plaintiffs to join together, or
(06:50):
a plaintiff to sue multiple defendantswhen their claims arise from the same
transaction or occurrence and sharea common question of law or fact.
It's like carpooling - ifpeople are going to the same
place, why not travel together?
Required joinder under Rule 19 identifiesparties who must be joined if feasible
- those whose absence would prevent completerelief, impair the ability to protect
(07:13):
their interests, or leave existing partiessubject to inconsistent obligations.
It's about ensuring everyone with a stakein the outcome has their day in court.
Intervention under Rule 24 allowsoutsiders to join an existing lawsuit,
either as a right when they have asignificant interest that won't be
adequately represented, or permissivelywhen they have a claim or defense sharing
(07:34):
a common question with the main action.
Think of it as someone saying, "Hey, Ishould be part of this conversation too!"
Impleader, or third-party practiceunder Rule 14, lets a defending party
bring in someone who may be liable forall or part of the claim against them.
It's like saying, "If I'm responsibleto the plaintiff, this other person
(07:55):
is responsible to me." This commonlyoccurs in insurance contexts or when
multiple parties might share liability.
Class actions under Rule 23 allowrepresentative plaintiffs to sue on behalf
of many similarly situated individuals.
For certification, the class must benumerous enough that individual joinder
is impracticable, members must sharecommon questions of law or fact, the
(08:19):
representatives' claims must be typicalof the class, and the representatives
must adequately protect class interests.
Class actions are powerful toolsfor aggregating many small claims
that might otherwise go unpursued.
Now let's talk about final judgmentand beyond - the case's legacy.
Once all claims are resolved, the courtenters final judgment, which determines
(08:41):
the parties' rights and obligations.
But the story doesn'tnecessarily end there.
Post-judgment motions provide one lastchance to alter the outcome before appeal.
A motion for a new trial under Rule59 argues that the trial was flawed,
perhaps due to legal errors, newlydiscovered evidence, or a verdict
against the clear weight of evidence.
(09:02):
These motions must be filed within28 days after entry of judgment.
When a case is completely resolved,the doctrines of claim and issue
preclusion, also known as res judicata andcollateral estoppel, prevent parties from
re-litigating matters already decided.
Claim preclusion bars re-litigationof claims that were or could have
been raised in a prior action betweenthe same parties that resulted in
(09:24):
a final judgment on the merits.
Issue preclusion prevents re-litigationof specific issues actually litigated and
necessarily decided in a prior action.
These preclusion doctrines promotefinality and judicial economy.
Without them, disappointed litigantsmight keep trying until they win,
clogging courts with repetitive suits.
(09:44):
It's like saying, "You had yourchance, we're not replaying this game."
Finally, the losing party generallyhas the right to appeal to a
higher court, arguing that thelower court made legal errors.
Appeals don't retry facts; they reviewthe legal decisions made during the case.
The appellate court may affirm thejudgment, reverse it, or remand
(10:06):
the case for further proceedingsconsistent with its opinion.
Now let's put it all togetherand review the case lifecycle:
1. Pleading phase - plaintiff filesthe complaint, then their service of
process, then the defendant respondswith an answer or Rule 12 motions, and
then files amendments if necessary.
(10:26):
2. Discovery phase - initial disclosures,written discovery, like interrogatories
and document requests, depositions,and experts designated and deposed.
3. Pre-trial resolution phase- here you have summary judgment
motions, pre-trial conferences,and final settlement attempts.
(10:47):
4. Trial phase - you have juryselection, opening statements,
plaintiff's case in chief, judgmentas a matter of law motions,
defendant's case, closing arguments,jury instructions, and a verdict.
5. The post-trial phase - you havepost-trial motions, entry of judgment,
appeal, and enforcement of a judgment.
(11:09):
Understanding this progression gives youthe big picture of civil procedure - how
all those individual rules work togetherto move a case from filing to resolution.
For deeper dives into these topics,check out our "Listen and Learn series."
episode 208 and 286, which we will linkto in the show notes, cover motions
to dismiss and pleading standards.
(11:31):
Episode 203 tackles summary judgment,while Episode 262 examines judgment as a
matter of law and motions for a new trial.
For joinder issues, Episodes 145 and153 provide comprehensive coverage.
And if you're curious aboutclaim and issue preclusion,
Episode 148 has you covered.
Remember, civil procedure isn'tjust a collection of isolated rules.
(11:54):
It's a coherent system designed toresolve disputes fairly and efficiently.
The better you understand how theserules work together, the more effectively
you'll navigate the litigation process.
If you enjoyed this episode of theBar Exam Toolbox podcast, please
take a second to leave a review andrating on your favorite listening app.
We'd really appreciate it, and be sureto subscribe so you don't miss anything.
(12:15):
If you're still in law school, youmight also like to check out our popular
Law School Toolbox podcast as well.
If you have any questions or comments,please don't hesitate to reach out to
myself or Alison at lee@barexamtoolbox.comor alison@barexamtoolbox.com.
Or you can always contactus via our website contact
form at BarExamToolbox.com.
Thanks for listening, and we'll talk soon!
Welcome to the Bar Exam Toolbox podcast.
Today, we're charting the courseof a civil lawsuit from cradle to
grave in Part 3 of our substantivespotlight series on Civil Procedure.
Your Bar Exam Toolbox hosts are AlisonMonahan and Lee Burgess, that's me.
We're here to demystify the barexam experience, so you can study
effectively, stay sane, and hopefullypass and move on with your life.
(00:24):
We're the co creators of the Law SchoolToolbox, the Bar Exam Toolbox, and the
career-related website CareerDicta.
Alison also runs TheGirl's Guide to Law School.
If you enjoy the show, please leavea review on your favorite listening
app, and check out our sister podcast,the Law School Toolbox podcast.
If you have any questions, don'thesitate to reach out to us.
You can reach us via the contactform on BarExamToolbox.com,
(00:45):
and we'd love to hear from you.
And with that, let's get started.
Hi, this is Lee from the Law SchoolToolbox and the Bar Exam Toolbox.
Welcome back to substantive spotlight.
Today we're charting the course of a civillawsuit from cradle to grave or as we say
in legalese, from pleadings to judgment.
(01:05):
This is the roadmap episode you'vebeen waiting for, where we'll
connect all those procedural dotsand see how a case actually unfolds.
Think of a lawsuit as across-country road trip.
There are specific checkpointsyou must hit, detours that might
appear, and various ways the journeycan end, sometimes before you
reach your intended destination.
(01:26):
Today, we'll make sure you know theroute like the back of your hand.
So, let's start with gettingthe case off the ground.
Every lawsuit begins with pleadings - theformal documents that frame the dispute.
It all starts with the plaintiff'scomplaint, which lays out the claims,
factual allegations, and requested relief.
But here's where students oftenget tripped up: Since the Supreme
(01:49):
Court's decisions in Twombly andIqbal, a complaint needs more
than just bare bones allegations.
It must contain enough factualcontent to state a claim
that's plausible on its face.
What does "plausible" mean?
It means the factual allegationsmust allow the court to reasonably
infer the defendant is liable.
(02:09):
Merely reciting the elements of a claimwithout supporting facts won't cut it.
Those are just conclusory allegationsthat courts can disregard.
It's like telling a story.
You can't just say "The defendantwas negligent." You need to
explain what they did or didn'tdo that constitutes negligence.
After the complaint comes service ofprocess - getting that complaint and
(02:32):
summons into the defendant's hands.
Under Rule 4, service generally mustbe made by someone at least 18 years
old, who's not a party to the case.
Following proper servicerequirements is crucial.
Mess this up and your case could bedismissed before it really begins.
It's like failing to properlyaddress an envelope - your message
(02:53):
won't reach its destination.
Once served, the defendant has 21days to respond, or 60 days for
federal government defendants.
Their typical response is an answer whichadmits or denies each allegation and
raises any affirmative defenses - those"yes, but" arguments, like the statute
of limitations or assumption of risk.
(03:14):
Alternatively, the defendant mightfile Rule 12 motions before answering.
The most common is a 12(b)(6) motionto dismiss for failure to state a
claim - essentially arguing evenif everything in the complaint is
true, the plaintiff still loses.
Other Rule 12 motions challengepersonal jurisdiction,
venue, or service of process.
(03:35):
Think of these as procedural roadblocksthe defendant throws up to prevent
the case from moving forward.
If the case survives theseinitial challenges, either party
might amend their pleadings.
Under Rule 15, a party can amendonce as a matter of course,
within 21 days of serving it.
After that, they need either theopposing party's consent or the
(03:59):
court's permission, which courts shouldfreely give when justice so requires.
This amendment flexibility recognizesthat parties often learn new
information as the case progresses.
Also be aware that certain allegationscome with a heightened pleading standard,
as you see in FRCP 9(b) for fraud.
(04:19):
Now let's talk about pre-trialresolution attempts - how you
can end the journey early.
Most cases never make it to trial.
They're resolved throughpre-trial motions or settlement.
Let's look at the key mechanismsfor pre-trial resolution.
Summary judgment under Rule56 is the heavyweight champion
(04:40):
of pre-trial dispositions.
A party can move for summary judgmentwhen there's no genuine dispute as
to any material fact, and they'reentitled to judgment as a matter of law.
Unlike a motion to dismiss, summaryjudgment considers evidence outside the
pleadings - deposition, transcripts,affidavits, documents, anything
(05:00):
that would be admissible at trial.
It's like saying, "Let's cut to thechase. We already know this would end
at trial, so why bother going?" Thecourt views this evidence in the light
most favorable to the non-moving party,giving them every reasonable inference.
But if no reasonable jury could findfor that party based on the undisputed
facts, summary judgment is appropriate.
(05:22):
It's a powerful tool that preventscases with clear outcomes from
consuming judicial resources.
Another resolution mechanism is judgmentas a matter of law under Rule 50.
During trial, after a party has beenfully heard on an issue, the opposing
party can move for judgment as amatter of law if there's no legally
significant evidentiary basis for areasonable jury to find for that party.
(05:45):
It's like saying, "Even with their bestevidence presented, they still haven't
made their case." If the jury has alreadyrendered a verdict, a party can make a
renewed motion for judgment as a matterof law, formerly known as a judgment
notwithstanding the verdict, or JNOV.
The standard is the same (06:03):
Would a reasonable jury have a legally
significant evidentiary basis to findfor the party who won the verdict?
Sometimes cases end more quietly, throughdefault judgment when the defendant fails
to respond, or voluntary dismissal whena plaintiff decides to drop the case.
These less dramatic endings stillresolve the dispute, just without
(06:25):
the full litigation process.
So now let's move on to joinder issues- who's coming along for the ride?
Litigation rarelyinvolves just two parties.
Joinder rules determine who can or mustparticipate in a lawsuit, making the
litigation more efficient by resolvingrelated claims in one proceeding.
Permissive joinder under Rule 20 allowsmultiple plaintiffs to join together, or
(06:50):
a plaintiff to sue multiple defendantswhen their claims arise from the same
transaction or occurrence and sharea common question of law or fact.
It's like carpooling - ifpeople are going to the same
place, why not travel together?
Required joinder under Rule 19 identifiesparties who must be joined if feasible
- those whose absence would prevent completerelief, impair the ability to protect
(07:13):
their interests, or leave existing partiessubject to inconsistent obligations.
It's about ensuring everyone with a stakein the outcome has their day in court.
Intervention under Rule 24 allowsoutsiders to join an existing lawsuit,
either as a right when they have asignificant interest that won't be
adequately represented, or permissivelywhen they have a claim or defense sharing
(07:34):
a common question with the main action.
Think of it as someone saying, "Hey, Ishould be part of this conversation too!"
Impleader, or third-party practiceunder Rule 14, lets a defending party
bring in someone who may be liable forall or part of the claim against them.
It's like saying, "If I'm responsibleto the plaintiff, this other person
(07:55):
is responsible to me." This commonlyoccurs in insurance contexts or when
multiple parties might share liability.
Class actions under Rule 23 allowrepresentative plaintiffs to sue on behalf
of many similarly situated individuals.
For certification, the class must benumerous enough that individual joinder
is impracticable, members must sharecommon questions of law or fact, the
(08:19):
representatives' claims must be typicalof the class, and the representatives
must adequately protect class interests.
Class actions are powerful toolsfor aggregating many small claims
that might otherwise go unpursued.
Now let's talk about final judgmentand beyond - the case's legacy.
Once all claims are resolved, the courtenters final judgment, which determines
(08:41):
the parties' rights and obligations.
But the story doesn'tnecessarily end there.
Post-judgment motions provide one lastchance to alter the outcome before appeal.
A motion for a new trial under Rule59 argues that the trial was flawed,
perhaps due to legal errors, newlydiscovered evidence, or a verdict
against the clear weight of evidence.
(09:02):
These motions must be filed within28 days after entry of judgment.
When a case is completely resolved,the doctrines of claim and issue
preclusion, also known as res judicata andcollateral estoppel, prevent parties from
re-litigating matters already decided.
Claim preclusion bars re-litigationof claims that were or could have
been raised in a prior action betweenthe same parties that resulted in
(09:24):
a final judgment on the merits.
Issue preclusion prevents re-litigationof specific issues actually litigated and
necessarily decided in a prior action.
These preclusion doctrines promotefinality and judicial economy.
Without them, disappointed litigantsmight keep trying until they win,
clogging courts with repetitive suits.
(09:44):
It's like saying, "You had yourchance, we're not replaying this game."
Finally, the losing party generallyhas the right to appeal to a
higher court, arguing that thelower court made legal errors.
Appeals don't retry facts; they reviewthe legal decisions made during the case.
The appellate court may affirm thejudgment, reverse it, or remand
(10:06):
the case for further proceedingsconsistent with its opinion.
Now let's put it all togetherand review the case lifecycle:
1. Pleading phase - plaintiff filesthe complaint, then their service of
process, then the defendant respondswith an answer or Rule 12 motions, and
then files amendments if necessary.
(10:26):
2. Discovery phase - initial disclosures,written discovery, like interrogatories
and document requests, depositions,and experts designated and deposed.
3. Pre-trial resolution phase- here you have summary judgment
motions, pre-trial conferences,and final settlement attempts.
(10:47):
4. Trial phase - you have juryselection, opening statements,
plaintiff's case in chief, judgmentas a matter of law motions,
defendant's case, closing arguments,jury instructions, and a verdict.
5. The post-trial phase - you havepost-trial motions, entry of judgment,
appeal, and enforcement of a judgment.
(11:09):
Understanding this progression gives youthe big picture of civil procedure - how
all those individual rules work togetherto move a case from filing to resolution.
For deeper dives into these topics,check out our "Listen and Learn series."
episode 208 and 286, which we will linkto in the show notes, cover motions
to dismiss and pleading standards.
(11:31):
Episode 203 tackles summary judgment,while Episode 262 examines judgment as a
matter of law and motions for a new trial.
For joinder issues, Episodes 145 and153 provide comprehensive coverage.
And if you're curious aboutclaim and issue preclusion,
Episode 148 has you covered.
Remember, civil procedure isn'tjust a collection of isolated rules.
(11:54):
It's a coherent system designed toresolve disputes fairly and efficiently.
The better you understand how theserules work together, the more effectively
you'll navigate the litigation process.
If you enjoyed this episode of theBar Exam Toolbox podcast, please
take a second to leave a review andrating on your favorite listening app.
We'd really appreciate it, and be sureto subscribe so you don't miss anything.
(12:15):
If you're still in law school, youmight also like to check out our popular
Law School Toolbox podcast as well.
If you have any questions or comments,please don't hesitate to reach out to
myself or Alison at lee@barexamtoolbox.comor alison@barexamtoolbox.com.
Or you can always contactus via our website contact
form at BarExamToolbox.com.
Thanks for listening, and we'll talk soon!
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