What is civil litigation?

What is civil litigation?

⚖️ The only form of action allowed by Federal Rule of Civil Procedure 2 ("There is one form of action--the civil action.").

⚖️ A lawsuit "commenced by filing a complaint with the [federal] court," under Federal Rule of Civil Procedure 3.

What is not civil litigation?

⚖️ Suits in equity.

⚖️ Criminal lawsuits.

I'm a geek for the Federal Rules, and we often skip over the introductory ones.

The 2007 Amendment to Rule 2 covers the Rules' "general restyling," and the Rules Committee's effort "to make them more easily understood." Whether they succeeded at that is up for debate.

In modern speak, civil litigation is filing a complaint, exchanging evidence and information (discovery), settlement negotiations or alternative dispute resolution efforts, motion practice, and trial before a judge or jury.

The prevailing party is typically entitled to monetary damages, but sometimes injunctive relief (an order to do or stop doing something), or other remedies allowed by law.

It covers: contract disputes, personal injury cases, property disputes, employment disputes, and consumer protection cases. A business or an individual can bring a civil action--against another business or other individual.

Of these, my sweet spot is contract disputes, ideally in federal court, where my favorite rules apply.

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#emilylitigates #professionalwomen #biglaw