Pleading in Civ Pro

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lawschoolproblems86
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Joined: Fri Sep 23, 2011 7:57 pm

Pleading in Civ Pro

Postby lawschoolproblems86 » Sun Nov 20, 2011 11:24 pm

I am still a bit confused as to the different forms of pleading. From what I understood the common law pleading is no longer used, and it was replaced with the FRCP "notice pleading". So why do I keep reading about "code pleading" and code states? Are these just certain states that don't follow the FRCP? Same with "fact pleading." I guess I understand the differences between the types, I'm just not sure where each one would be applied. If someone could shed some light on this, I'd really appreciate it. Sorry for what is probably a really stupid question; I spent the last 3 months neglecting Civil Procedure, because I hate it and my teacher is gross. I could never decipher her rambling and that class just put me to sleep. Now that my other 3 outlines are nearly completed and up to date, I'm playing the catchup game with Civil Procedure and basically trying to learn the entire class. Not fun.
Last edited by lawschoolproblems86 on Sun Nov 20, 2011 11:55 pm, edited 1 time in total.

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cinephile
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Re: Pleading in Civ Pro

Postby cinephile » Sun Nov 20, 2011 11:37 pm

lawschoolproblems86 wrote:Are these just certain states that don't follow the FRCP?


I thought that every state has its own rules of civil procedure and while they may be similar to the federal rules, states don't use the federal rules.

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kalvano
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Re: Pleading in Civ Pro

Postby kalvano » Mon Nov 21, 2011 12:58 am

Federal rules are for federal courts. State courts all have their own rules, though they are often almost verbatim the FRCP.

23402385985
Posts: 413
Joined: Fri Feb 04, 2011 2:44 pm

Re: Pleading in Civ Pro

Postby 23402385985 » Wed Nov 23, 2011 10:38 pm

kalvano wrote:Federal rules are for federal courts. State courts all have their own rules, though they are often almost verbatim the FRCP.


Certain states still follow Conley (WV does) and certain states adopted Twombly/Iqbal style. I think the vast, vast minority use simple Conley pleading, though. I know West Virginia outright rejected Twombly/Iqbal.

shock259
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Re: Pleading in Civ Pro

Postby shock259 » Wed Nov 23, 2011 10:55 pm

My prof taught us that "notice pleading" is dead and that "plausible pleading" reigns supreme. Not sure what the reality of the situation is, though.

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kalvano
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Re: Pleading in Civ Pro

Postby kalvano » Thu Nov 24, 2011 1:21 am

If you're a 1L, I don't think it matters what the state rules are. Unless some schools do state civ pro for first years.




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