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A School of the Academy

School of Civil Procedure

Department of Civil Practice & Procedure

Pleadings, motions, discovery, and the rules of the court.

§ I

Introduction

Scope of Study

Civil Procedure

Procedure is the architecture of every case. The School teaches the Federal Rules and the practice that orbits them, with attention to local rules that govern in the room.

§ II

Philosophy of the School

On how this School reads.

Procedure is the form in which substantive law is administered. The School treats the Federal Rules of Civil Procedure as the principal text and the local rules of the forum as the binding gloss. A case is read as a sequence of filings, each governed by a rule and each producing a record.

§ III

What Students Will Study

The commitments of the School.

A School commits to a set of questions and to a method of reading them. The following are the working commitments of this department.

  1. 01

    The architecture of a civil action under the Federal Rules

  2. 02

    The drafting and answering of pleadings

  3. 03

    The motion practice that frames a case before trial

  4. 04

    The instruments of discovery and the duties they impose

  5. 05

    The procedural posture by which a case reaches the appellate courts

§ IV

Curriculum

The syllabus.

The syllabus is read in sequence. Foundations are not optional; advanced study presumes them.

Foundations

  1. 01

    The complaint under Rule 8 and the plausibility standard

  2. 02

    Service of process under Rule 4

  3. 03

    Subject-matter jurisdiction and removal

Intermediate Study

  1. 01

    Rule 12 motions and the order in which defenses are raised

  2. 02

    Joinder, intervention, and consolidation

  3. 03

    Discovery under Rules 26 through 37

Advanced Study

  1. 01

    Summary judgment under Rule 56

  2. 02

    Pretrial orders and the conduct of trial

  3. 03

    Appellate jurisdiction and the standards of review

Research & Method

  1. 01

    Locating the local rules of a federal district

  2. 02

    Reading a judge's standing order against the Federal Rules

  3. 03

    Tracing a procedural doctrine through the advisory committee notes

Reference Materials

  1. 01

    Federal Rules of Civil Procedure

  2. 02

    Federal Rules of Evidence

  3. 03

    Local rules of the district and circuit

Suggested Reading

  1. 01

    Wright & Miller, Federal Practice and Procedure

  2. 02

    Moore's Federal Practice

§ V

Learning Outcomes

The capacities a member should leave with.

Outcomes are stated as capacities, not credentials. They describe what a member should be able to do after sustained reading.

  1. 01

    Draft a pleading that satisfies Rule 8 and survives Rule 12

  2. 02

    Design and respond to a discovery plan under Rule 26

  3. 03

    Identify the standard of review on appeal for a given ruling

§ VI

Primary Authorities

The texts the School takes seriously.

Authorities are listed by category. Entries marked in preparation are catalogued and reviewed before they enter the working record.

Court Rules

4 entries

  • Authority

    Federal Rules of Civil Procedure

  • Authority

    Federal Rules of Appellate Procedure

  • Authority

    Federal Rules of Evidence

  • Authority

    Local rules of the United States district courts

Judicial Opinions

1 entry

  • In Preparation

    Forthcoming — Supreme Court procedural decisions in preparation

Treatises & Restatements

2 entries

  • Authority

    Wright & Miller, Federal Practice and Procedure

  • Authority

    Moore's Federal Practice

§ VIII

Research in the Library

Where this School reads.

The divisions below carry the primary materials this School draws on. The catalogue opens in stages as the index is reviewed.

  • Library Division

    Court Rules

    Federal and state rules of procedure, evidence, and local practice.

  • Library Division

    Judicial Opinions

    Selected opinions of the federal and state courts of record.

  • Library Division

    Treatises

    Restatements, hornbooks, and reference works of accepted authority.

Catalogue · XI Divisions

Enter the Research Library →

Admission

Join the founding cohort of the Civil Procedure department.

All Founding Members are admitted into every School. Tuition and dues are not yet open.

The Real Law Society · Est. MMXXVRead Law. Not Lore.Vol. I — Folio I