Bar Primer - Civil Procedure
description
Transcript of Bar Primer - Civil Procedure
Bar Primer – Civil Procedure
North Carolina has tested Civil Procedure on every exam since 1996. There is also a growing trend to include civil procedure points in other questions such as contracts and torts.
Date Essay Tested TopicsJul-03 12Bs – Venue, Process, and Service of ProcessFeb-04 DepositionsJul-04 12B – Necessary Parties; Summary JudgmentFeb-05 Venue – standard and appealsJul-05 Remand from FederalFeb-06 Involuntary Dismissal and associated costsJul-06 Entry of Default (setting aside), complaint formalities ($ controversy)Feb-07 Statute of LimitationsJul-07 Depositions (subpoenaing) and mechanicsFeb-08 Statute of Limitations; Voluntary dismissal; relation back doctrine; time to refileJul-08 12B2 Personal Jurisdiction (of corporation)Jul-09 12Bs – Venue, State a Claim and Service (timings)Feb-10 12(b)(6) Motion to Dismiss, Statute of Limitations for Negligence and IIED, Voluntary Dismissal
Jul-10 Directed Verdict/JNOVFeb-11 Bifurcated trial; forcing a jury when one was waivedJul-11 Entry of Default (setting aside)Feb-12 Depositions (protective orders to prevent)Jul-12 Amending the pleadings for necessary parties + new parties; relation back doctrineFeb-13 Statute of Limitations; Appeals (timing)Jul-13 12B7 Timing, Directed Verdict/New Trial; ContributionFeb-14 12B2 PJ motion and if it is immediately appealableJul-14 12(b)(5) Improper Service of Process by mail of individual and corporationJul-14 Statute of limitations defense to a medical malpractice torts (Combo Q)
Even though this is the first exam that will test Civil Procedure, the National Conference has already released the question categories and balance:
1. Jurisdiction and Venue2. Law applied by Federal Courts (Erie Doctrine)3. Pre-trial Procedures4. Jury Trials5. Motions6. Verdicts and Judgment7. Appeals
Approximately 2/3 of the questions will come from sections 1, 3, and 5. The remaining 1/3 will come from sections 2, 4, 6, and 7.