Civil Procedure

The orderly, fair, and efficient resolution of disputes is inarguably an essential feature of modern government. Civil procedure refers to the rules and practices that govern courts, lawyers, and litigants in the resolution of disputes. In our complex and sometimes contentious world disputes can encompass everything from a consumer complaint about a product to a massive anti-trust case or a defense of a Constitutional right that could affect the entire country. Necessarily, the rules needed to guide participants to dispute resolution mirror the complexity of society. Lawyers, it may be said, are the intermediaries between claimants, their adversaries, and the courts.

The first-year course in Procedure, described above in the section on First-Year Courses, provides all JD students with a basic understanding of the operation of our courts under these rules. The major topics addressed include the general reach of the Due Process clause as a bedrock guarantee of fairness; the jurisdiction of courts over persons and subject matter; requirements of notice, pleading; the managerial powers of judges; the available (and required) joinder of persons; motion practice; discovery; short-cuts to judgment; the right to a jury trial; the power of courts to regulate jury verdicts; and the finality of judgments.

Every JD graduate should, however, have more than just a basic understanding of procedure. Upper-class courses are recommended not only to those students aspiring to become litigators but as well to those desiring a more sophisticated understanding of procedure rules and practice. These courses include: Appellate Advocacy Workshop; Comparative Civil Procedure; Complex Litigation; Evidence; Federal Courts and the Appellate Process; Federal Courts and the Federal System; and How to Try a Jury Trial Intelligently.

Classes in international arbitration and international litigation address civil procedure issues in the context of cross-border disputes. This area is discussed below under the heading “Private International Law/International Litigation/Arbitration.”

In addition, several of the clinical offerings focus on developing litigation skills in various contexts. They are: Civil Litigation – Employment Law Clinic; Immigrant Rights Clinic; Federal Judicial Practice Externship; Government Civil Litigation Externship; New York Civil Liberties Clinic; Racial Justice Clinic; and Reproductive Justice Clinic and Advanced Reproductive Justice Clinic.

Find out more about Civil Procedure at NYU Law.

Required Course Learning Outcomes

Procedure (LAW-LW.11650)

Upon successful completion of this course, students will be able to demonstrate:

Knowledge and Understanding of Substantive Law (ABA Standard 302(a)(1))

1. Knowledge and understanding of the Federal Rules of Civil Procedure and their application to the phases of a civil lawsuit, including pleadings, discovery, and pre-trial adjudication.
2. Knowledge and understanding of the doctrines governing personal jurisdiction over parties and subject matter jurisdiction of federal and state courts.
3. Introduction to the doctrines governing the preclusive effects of prior adjudication, including claim and issue preclusion.
4. Knowledge and understanding of the constitutional issues relating to jurisdiction and procedural protections, including due process limits on the exercise of judicial power.
5. Knowledge and understanding of the relationship and division of authority between state and federal courts in civil litigation.

Legal Analysis and Reasoning (ABA Standard 302(a)(2), (3))

1. The ability to analyze and apply procedural doctrine to novel fact patterns arising at each phase of civil litigation, from the determination of jurisdiction through final judgment.
2. The ability to critically evaluate the elements of a fair procedural system and to assess how procedural rules and doctrines advance or undermine that fairness.
3. The ability to critically evaluate the tradeoffs between efficient and costly procedure, and between rules and standards, in the design and application of procedural law.
4. The ability to analyze how procedural rules mediate the exercise of power, including their effect on equal access to civil courts and remedies.
5. The ability to integrate theoretical understanding of the functions of the procedural system with practical insight into litigation strategy.

Other Professional Skills (ABA Standard 302(a)(4), (b))

1. The ability to communicate procedural analysis effectively in written and oral form when addressing contested questions of civil procedure arising in litigation.

Multiple-Section Course Learning Outcomes

Federal Courts and the Federal System (LAW-LW.11722)

Upon successful completion of this course, students will be able to demonstrate:

Knowledge and Understanding of Substantive Law (ABA Standard 302(a)(1))

1. Knowledge and understanding of constitutional, statutory, and common-law and civil-law sources defining the power and role of the federal judiciary with respect to the states, the other branches of government, individuals, and foreign states and foreign non-state actors.
2. Knowledge and understanding of doctrines and rules governing federal court proceedings involving states, the other branches of government, individuals, and foreign states and foreign non-state actors.
3. Knowledge and understanding of different theoretical approaches to the role and power of the federal judiciary, with an emphasis on separation of powers, federalism, and individual rights.
4. Knowledge and understanding of the history of federal jurisdiction and the development of institutional capacity.

Evidence (LAW-LW.11607)

Upon successful completion of this course, students will be able to demonstrate:

Knowledge and Understanding of Substantive Law (ABA Standard 302(a)(1))

1. Knowledge and understanding of the Federal Rules of Evidence, as well as other sources of constraint on the presentation of proof such as constitutional, statutory, or common law, and their application at trial.
2. Knowledge and understanding of the doctrine of relevance, including the standards governing the admission and exclusion of relevant evidence.
3. Knowledge and understanding of the rule against hearsay and its exceptions, and the policies underlying the exclusion of out-of-court statements.
4. Knowledge and understanding of the rules governing character evidence and the circumstances under which such evidence is admissible.
5. Knowledge and understanding of the rules governing impeachment and rehabilitation of witnesses.
6. Knowledge and understanding of the Confrontation Clause and its interaction with the hearsay rules and other evidentiary doctrines in criminal proceedings.

Legal Analysis and Reasoning (ABA Standard 302(a)(2), (3))

1. The ability to analyze and apply evidentiary rules to determine the admissibility of specific items of proof in novel factual scenarios.
2. The ability to critically evaluate the text, history, and policy rationales underlying evidentiary rules, and to assess how those rationales shape the rules' application.
3. The ability to analyze how the rules of evidence function to structure and constrain the competing narratives presented by opposing parties at trial.
4. The ability to identify and resolve the interaction between constitutional evidentiary protections, such as the Confrontation Clause, and statutory or common law evidentiary rules.

Other Professional Skills (ABA Standard 302(a)(4), (b))

1. The ability to construct and communicate evidentiary arguments, including objections and responses to objections, in written and oral form in the context of litigation.
2. The ability to think tactically about introducing or challenging pieces of evidence in the context of specific litigation goals.