Bar Primer - Civil Procedure

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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 Topics Jul-03 12Bs – Venue, Process, and Service of Process Feb-04 Depositions Jul-04 12B – Necessary Parties; Summary Judgment Feb-05 Venue – standard and appeals Jul-05 Remand from Federal Feb-06 Involuntary Dismissal and associated costs Jul-06 Entry of Default (setting aside), complaint formalities ($ controversy) Feb-07 Statute of Limitations Jul-07 Depositions (subpoenaing) and mechanics Feb-08 Statute of Limitations; Voluntary dismissal; relation back doctrine; time to refile Jul-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/JNOV Feb-11 Bifurcated trial; forcing a jury when one was waived Jul-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 doctrine Feb-13 Statute of Limitations; Appeals (timing) Jul-13 12B7 Timing, Directed Verdict/New Trial; Contribution Feb-14 12B2 PJ motion and if it is immediately appealable Jul-14 12(b)(5) Improper Service of Process by mail of individual and corporation Jul-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 Venue 2. Law applied by Federal Courts (Erie Doctrine) 3. Pre-trial Procedures

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Bar Primer for Civil Procedure

Transcript of Bar Primer - Civil Procedure

Page 1: 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.