Civil Litigation

Civil Litigation on the CP Exam

Civil Litigation is one of the three highest-weighted content areas on the CP exam at 15%. This section tests your knowledge of the entire litigation process from initial client interview through appeal. Paralegals play a critical role in every stage of civil litigation, making this content area both heavily tested and practically important.

Pleadings

Pleadings are the formal documents that initiate and respond to a lawsuit. The CP exam tests your understanding of each document and the rules governing them.

• Complaint: Filed by the plaintiff, it must contain a short and plain statement of the claim (FRCP Rule 8). Must establish jurisdiction, state facts, and request relief.
• Summons: Official notice to the defendant that a lawsuit has been filed. Service must comply with Rule 4 requirements.
• Answer: Defendant's response, due within 21 days of service (or 60 days if service was waived). Must admit or deny each allegation and assert affirmative defenses.
• Counterclaims: Compulsory counterclaims (same transaction or occurrence) must be raised or waived. Permissive counterclaims may be raised.
• Cross-claims: Claims between co-parties arising from the same transaction or occurrence.
• Third-party complaints: Defendant may implead a third party who may be liable for all or part of the plaintiff's claim (Rule 14).

Discovery

Discovery is the process by which parties obtain information from each other and third parties. This is an area where paralegals are heavily involved.

• Interrogatories (Rule 33): Written questions answered under oath. Limited to 25 per party without court permission.
• Requests for Production (Rule 34): Requests for documents, electronically stored information (ESI), and tangible things.
• Depositions (Rules 30-31): Oral or written examination of witnesses under oath. Recorded by a court reporter.
• Requests for Admission (Rule 36): Statements that must be admitted or denied. Failure to respond within 30 days results in automatic admission.
• Initial disclosures (Rule 26): Parties must disclose witnesses, documents, damages calculations, and insurance information without being asked.
• E-discovery: Preservation obligations, litigation holds, proportionality considerations, and ESI protocols.

Motions

• Motion to Dismiss (Rule 12(b)): Challenges jurisdiction, venue, service, or failure to state a claim (12(b)(6)).
• Motion for Summary Judgment (Rule 56): No genuine dispute of material fact and movant entitled to judgment as a matter of law.
• Motion for Judgment as a Matter of Law (Rule 50): Made during trial when a reasonable jury could reach only one conclusion.
• Motion in Limine: Pre-trial motion to exclude evidence.

Trial and Post-Trial

The CP exam covers trial procedure, jury selection (voir dire), opening statements, examination of witnesses, evidentiary objections, closing arguments, jury instructions, and verdicts. Post-trial, know the rules for motions for new trial, JNOV, and the appellate process including the standard 30-day deadline for filing a notice of appeal.

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