Mastery of
Procedure

The whole game in one sentence: the just, speedy, and inexpensive determination of every action. Quote it when a court or opponent tries to bury you in procedure.

There is one form — the civil action. No ancient writs required.

A civil action is commenced by filing a complaint. Your statute of limitations clock usually stops here.

Service of process — where pro se cases die. 90 days to serve (Rule 4(m)). Waiver of service (4(d)) saves money; officers sued individually must be served personally or per state law (4(e)).

Everything after the complaint gets served on every party — CM/ECF handles it once you're in the system.

Attacking a statute's constitutionality? You must notice the U.S. or state attorney general.

Redact SSNs, birth years, minors' names, financial account numbers. Courts enforce this.

How deadlines actually count — exclude the trigger day, count every day, roll weekends/holidays forward. Three extra days for mail service (6(d)).

What filings exist. Motions must state grounds with particularity.

Corporate parties disclose ownership; diversity cases disclose citizenship.

The heart of the complaint: short and plain statement showing entitlement to relief. Plausibility under Twombly/Iqbal — plead facts, not labels.

Fraud and mistake demand particularity — who, what, when, where, how.

Caption, numbered paragraphs, one set of circumstances per paragraph. Exhibits attached become part of the pleading (10(c)).

Your signature certifies the filing is grounded in fact and law. The 21-day safe harbor (11(c)(2)) protects you — and disciplines opponents. This is why we verify every citation.

The gauntlet: 12(b)(1) jurisdiction, 12(b)(6) failure to state a claim. Know it from both sides — most civil-rights cases are won or lost here.

Compulsory counterclaims (13(a)) are use-it-or-lose-it.

Amend once as of right within 21 days; after that, leave is 'freely given when justice so requires' — Foman v. Davis. Relation back (15(c)) can rescue a limitations problem.

The scheduling order runs your case. Miss its deadlines and 16(f) sanctions follow.

Sue in the name of the real party in interest.

Bring every claim you have against a party — one suit.

Multiple officers, one incident — join them all.

Numerosity, commonality, typicality, adequacy — then (b)(1),(2), or (3).

How a stranger joins a case — of right or by permission.

Death, incompetency, or an official leaving office — the successor is automatically substituted (25(d)).

The master rule: initial disclosures, proportionality (26(b)(1)), protective orders (26(c)), the discovery conference (26(f)).

10 depositions, 7 hours each, without leave. The single most powerful truth-extraction tool a litigant has.

25 written questions, answered under oath in 30 days.

The document demand — bodycam, emails, policies, personnel files. 30 days to respond.

Silence is admission — unanswered requests are deemed admitted after 30 days. Devastating and underused.

The enforcement arm: motions to compel, fee-shifting, and spoliation sanctions for destroyed ESI (37(e)).

Demand your jury in writing within 14 days of the last pleading — or waive it forever. Put it on the complaint's face.

Voluntary dismissal (41(a)) — the one-free-dismissal rule. Involuntary (41(b)) for failure to prosecute; the pro se litigant's quiet killer.

Your reach beyond the parties — records and witnesses from anyone. 100-mile rule; the issuing court enforces.

6 to 12 jurors; unanimous unless stipulated.

Move at the close of evidence — and renew it (50(b)) or lose appellate review of sufficiency.

Object before the jury retires or the error is waived.

Fee motions within 14 days of judgment (54(d)(2)) — § 1988 fees in civil-rights cases ride on this.

The two-step: clerk's entry of default, then default judgment. Also how you vacate one against you — good cause under 55(c).

The main event of civil litigation. Genuine dispute of material fact — Celotex, Anderson, Matsushita. Respond with evidence, never with argument alone.

The separate-document rule — appeal clocks run from entry.

28 days, jurisdictional, no extensions. A timely 59(e) motion tolls the appeal deadline.

The second-chance rule. 60(b)(1)-(3) within one year; 60(b)(4) void judgments; 60(b)(6) extraordinary circumstances; 60(d)(3) fraud on the court — no time limit. Know it cold.

Automatic 30-day stay; supersedeas bond for more.

How to ask the trial court for 60(b) relief while your appeal is pending.

TROs and preliminary injunctions — the Winter v. NRDC four-factor test. Specificity requirements of 65(d) bind the order.

The cost-shifting trap: reject an offer, do worse at trial, and pay post-offer costs — Marek v. Chesny reaches § 1988 fees.

Collecting on your judgment.

Object to a magistrate's report within 14 days — or waive review. Never let this one pass.

Consent is voluntary. You may decline without penalty.

Lack of notice of entry doesn't extend appeal time by itself — calendar everything yourself.

Where these rules do and don't apply — habeas, bankruptcy, removed actions.

The gateway to LOCAL RULES — every district writes its own. No sanction for a nonwillful local-form violation without notice.