Top 20 Civil Procedure Rules You Must Memorize for the Bar Exam

Civil Procedure: where law meets bureaucracy, and everyone pretends to understand jurisdiction. But here's the thing—Civ Pro questions appear on almost every bar exam, and they're highly testable. Master these 20 rules, and you'll walk into the exam with confidence instead of confusion.

Why These 20 Rules?

After analyzing hundreds of bar exam essays, these rules appear with striking frequency. They're the heavy hitters, the MVPs, the rules that show up uninvited to every bar exam party.

Personal Jurisdiction (The "Can We Sue You Here?" Rules)

Rule #1: Minimum Contacts Test (The Big One)

The Rule: A court has personal jurisdiction over a defendant if they have "minimum contacts" with the forum state such that exercising jurisdiction doesn't offend "traditional notions of fair play and substantial justice."

Why It Matters: This appears on 70% of Civ Pro essays. Know it cold.

The Test:

1. Defendant has minimum contacts with forum state
2. Claim arises from those contacts (specific jurisdiction) OR contacts are continuous and systematic (general jurisdiction)
3. Exercise of jurisdiction is reasonable (fair play factors)

Memory Tip: "Fair play and substantial justice" sounds fancy but means "is it fair to drag this defendant to this court?"

Rule #2: Specific vs. General Jurisdiction

Specific Jurisdiction:

• Defendant's contacts must relate to the claim
• Lower threshold of contacts needed
• Most common on bar exam

General Jurisdiction:

• Defendant's contacts don't need to relate to claim
• Requires "continuous and systematic" contacts
• High bar to meet (think: headquarters, incorporated)

For Individuals: Home state = general jurisdiction For Corporations: Incorporated state + principal place of business = general jurisdiction

Memory Tip: Specific = relates to claim. General = so much contact that defendant is "at home" there.

Subject Matter Jurisdiction (The "Does This Court Have Power?" Rules)

Rule #3: Federal Question Jurisdiction (28 U.S.C. § 1331)

The Rule: Federal courts have jurisdiction over cases "arising under" federal law.

The Test: Does the federal question appear on the face of plaintiff's well-pleaded complaint?

Traps:

• Federal defense doesn't create federal question
• Anticipated federal defense doesn't count
• Must be on face of complaint (not hidden in facts)

Rule #4: Diversity Jurisdiction Requirements

The Rule: Complete diversity + amount in controversy > $75,000

Complete Diversity Means:

• No plaintiff shares citizenship with any defendant
• Determined at time of filing
• Even one overlap destroys diversity

Citizenship Rules:

• Individuals: Domicile (physical presence + intent to remain)
• Corporations: State of incorporation + principal place of business (both count)
• LLCs/Partnerships: Citizenship of ALL members

The $75,000 Rule:

• Exclusive of interest and costs
• Good faith allegation (plaintiff's number stands unless "legally impossible")
• Aggregation: Single plaintiff can combine claims; multiple plaintiffs generally cannot

Bar Exam Favorite: Testing whether LLC members destroy diversity.

Rule #5: Supplemental Jurisdiction (28 U.S.C. § 1367)

The Rule: Federal court can hear claims that form part of the same "case or controversy" as claims over which it has original jurisdiction.

Same Case or Controversy = Common Nucleus of Operative Fact

The Twist: In diversity cases only, court must decline supplemental jurisdiction over:

• Claims by plaintiffs against persons made parties under Rules 14, 19, 20, or 24
• If exercising jurisdiction would destroy complete diversity

Memory Tip: "Diversity is delicate—protect it from plaintiff's tricks."

Venue (The "Where Should We Be?" Rules)

Rule #6: Proper Venue (28 U.S.C. § 1391)

A civil action may be brought in:

1. Where any defendant resides, if all defendants reside in the same state
2. Where a substantial part of events or omissions occurred, or substantial part of property is located
3. Fallback: Any district where any defendant is subject to personal jurisdiction (if no other district qualifies)

Defendant Residence:

• Individuals: District of domicile
• Entities: Any district where subject to personal jurisdiction

Bar Exam Tip: Usually multiple proper venues. Any one is fine.

Rule #7: Transfer of Venue (28 U.S.C. § 1404)

The Rule: Court may transfer to any district where case could have been brought, for convenience of parties and witnesses, in interest of justice.

Requirements:

• Transferee court must have personal jurisdiction
• Transferee court must be proper venue
• OR defendant waives objections

Law Applied After Transfer:

• § 1404 transfer: Transferor court's law applies
• § 1406 transfer (improper venue): Transferee court's law applies

Memory Tip: Proper transfer = keep original law. Improper transfer = new law.

Pleadings (The "What Do We File?" Rules)

Rule #8: Plausibility Pleading Standard (Twombly/Iqbal)

The Rule: Complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief."

Modern Standard (Post-Twombly):

• Factual allegations must be sufficient to raise right to relief above speculative level
• Must be "plausible," not just "possible"
• Conclusory statements don't count

Not Required:

• Detailed facts
• Evidence
• Probability of success

Required:

• Enough facts to make claim plausible
• More than labels, conclusions, and formulaic recitations

Rule #9: Heightened Pleading (Rule 9(b))

The Rule: Fraud and mistake must be pleaded with particularity.

"Particularity" Means:

• Who made the false statement
• What the false statement was
• When it was made
• Where it was made
• Why it was false

Memory Tip: The five W's of fraud pleading.

Still Plead Generally:

• Mental state (intent, knowledge, malice)
• Conditions of the mind

Discovery (The "Show Me Everything" Rules)

Rule #10: Scope of Discovery (Rule 26(b)(1))

The Rule: Parties may discover any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case.

Relevant = Reasonably Calculated to Lead to Admissible Evidence? NO MORE!

New Standard (2015): Must be relevant to claims and defenses AND proportional.

Proportionality Factors:

• Importance of issues at stake
• Amount in controversy
• Parties' resources
• Importance of discovery in resolving issues
• Whether burden outweighs benefit

Rule #11: Mandatory Initial Disclosures (Rule 26(a))

The Rule: Without waiting for discovery request, parties must provide:

1. Witnesses: Names of individuals likely to have discoverable information
2. Documents: Copy or description of documents in possession supporting claims/defenses
3. Damages: Computation and supporting documents
4. Insurance: Any insurance agreement that might pay judgment

Timing: Within 14 days of Rule 26(f) conference

Bar Exam Love: Testing whether this is required (yes!) or optional (no!).

Rule #12: Work Product Doctrine (Rule 26(b)(3))

The Rule: Documents and tangible things prepared in anticipation of litigation or for trial are protected unless:

1. Party shows substantial need, AND
2. Cannot obtain substantial equivalent without undue hardship

Opinion Work Product: Attorney's mental impressions, conclusions, opinions, or legal theories—nearly absolute protection.

Ordinary Work Product: Factual work product—qualified protection (can be overcome with showing above).

Not Work Product:

• Created in ordinary course of business
• Would have been created regardless of litigation

Motions (The "Make It Stop" Rules)

Rule #13: Rule 12(b)(6) Motion to Dismiss

The Rule: Motion to dismiss for failure to state a claim upon which relief can be granted.

Standard: Assuming all factual allegations are true, does complaint state a plausible claim?

Court Must:

• Accept all factual allegations as true
• Construe allegations in light most favorable to plaintiff
• Ignore conclusory statements
• View complaint as a whole

Effect if Granted:

• Usually with leave to amend (unless amendment would be futile)
• Dismissal without prejudice (can refile)
• Dismissal with prejudice (claim is dead) only if amendment can't fix it

Rule #14: Summary Judgment Standard (Rule 56)

The Rule: Grant summary judgment if no genuine dispute of material fact and movant entitled to judgment as a matter of law.

Key Terms:

• Genuine dispute: Reasonable jury could find for nonmovant
• Material fact: Would affect outcome under governing law

Burden:

• Movant: Show no genuine dispute (burden of production)
• Nonmovant: Can't rest on pleadings; must show specific facts establishing genuine dispute

Standard: View evidence in light most favorable to nonmovant.

Joinder (The "Who Else Is Coming?" Rules)

Rule #15: Permissive Joinder of Parties (Rule 20)

The Rule: Plaintiffs or defendants may be joined if:

1. Right to relief arises from same transaction/occurrence or series
2. AND common question of law or fact

Both Requirements: Same T/O + common question (need both!)

Bar Exam Trap: Students forget it requires BOTH prongs.

Rule #16: Compulsory Joinder (Rule 19)

Required Party: Person who should be joined if feasible, and whose absence may lead to:

1. Incomplete relief to existing parties
2. Impair person's ability to protect interest
3. Subject party to substantial risk of multiple or inconsistent obligations

If Joinder Not Feasible: Court decides whether to proceed or dismiss (equity and good conscience factors).

Rule #17: Impleader (Rule 14 - Third-Party Practice)

The Rule: Defendant may bring in third party who "is or may be liable" to defendant for all or part of plaintiff's claim against defendant.

Key Points:

• Derivative liability only (not independent liability)
• Without leave: Within 14 days of serving answer
• After 14 days: Need court permission

Common Use: Insurance, indemnity, contribution claims.

Class Actions (The "We're All In This Together" Rule)

Rule #18: Class Action Requirements (Rule 23)

Prerequisites (All Four Required):

1. Numerosity: Class so numerous that joinder impracticable
2. Commonality: Questions of law or fact common to class
3. Typicality: Representative's claims/defenses typical of class
4. Adequacy: Representative will fairly and adequately protect class interests

Plus One of Three Types:

• (b)(1): Risk of inconsistent obligations or impair absent members
• (b)(2): Injunctive/declaratory relief appropriate for class as whole
• (b)(3): Common questions predominate + class action superior (requires notice and opt-out right)

Bar Exam Focus: Usually testing (b)(3) and whether notice/opt-out required.

Preclusion (The "We Already Did This" Rules)

Rule #19: Claim Preclusion (Res Judicata)

The Rule: Valid final judgment on the merits prevents same parties from relitigating same claim.

Requirements:

1. Valid final judgment on the merits
2. Same claim (transactional test)
3. Same parties (or in privity)

Transactional Test: Would claim arise from same transaction or series of connected transactions?

Effect: Bars claim even if based on different legal theory.

Rule #20: Issue Preclusion (Collateral Estoppel)

The Rule: Issue actually litigated and decided in one action cannot be relitigated in later action.

Requirements:

1. Issue actually litigated and decided
2. Issue was essential to judgment
3. Same issue
4. Party against whom estoppel asserted was party (or in privity) in first action

Modern Trend: May be used offensively by non-party (in court's discretion).

Bonus: Appeals (Because Someone Always Loses)

Rule #21: Final Judgment Rule (28 U.S.C. § 1291)

The Rule: Generally can only appeal final judgments (those ending case).

Exceptions (Interlocutory Appeals):

1. Injunctions (28 U.S.C. § 1292(a))
2. Certified issues (28 U.S.C. § 1292(b))
3. Collateral order doctrine (rare)

Bar Exam Tip: Unless exception applies, can't appeal until case is over.

Your Memorization Action Plan

Week 1: Rules 1-7 (Jurisdiction and Venue) Week 2: Rules 8-12 (Pleadings and Discovery) Week 3: Rules 13-18 (Motions, Joinder, Class Actions) Week 4: Rules 19-21 (Preclusion and Appeals)

Daily Habit: Review all 20 rules in under 10 minutes (yes, it's possible once memorized).

The Bottom Line

These 20 rules form the backbone of Civil Procedure testing on the bar exam. Master them, and you'll spot issues faster, write stronger analyses, and earn more points.

But here's the secret: knowing these rules intellectually isn't enough. You need to be able to recall them instantly, under pressure, while writing a timed essay.

That's where spaced repetition comes in. Try BarEssayMemo's Civil Procedure flashcards and turn these rules into permanent memory.

P.S. Print this list. Put it on your wall. Make it your phone background. Whatever it takes—these 20 rules are your Civil Procedure lifeline.

P.P.S. Next up in this series: Top 20 Constitutional Law rules. Stay tuned!