Litigation

Litigation invokes the judicial process to resolve disputes between parties. Federal courts are courts of limited jurisdiction. 28 U.S.C.S. § 1331 authorizes the federal district courts to exercise federal question jurisdiction over all civil actions arising under the Constitution, laws, or treaties of the United States. 28 U.S.C.S. § 1332 authorizes federal diversity jurisdiction over civil litigation with complete diversity between the plaintiff and the defendant where the matter in controversy exceeds $75,000. The Class Action Fairness Act further extends federal court jurisdiction to most class actions based on state law in which the amount in controversy exceeds $5 million, as long as at least one defendant and one plaintiff are from different states. Cases meeting the requirements for federal jurisdiction but filed in state court may be removed to federal court by the defendant. Litigation related to family law matters, decedent's estates/probate, and bankruptcy are generally heard in specialized courts following specific procedures that differ significantly from the rules that apply to most civil cases. State courts, as courts of general jurisdiction, have subject matter jurisdiction over most cases, including the majority of cases that are also subject to federal jurisdiction. State statutes establish the guidelines for the subject matter jurisdiction of their various courts.

Litigation filed in federal courts are governed by the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. These rules-along with the Federal Rules of Appellate Procedure-are promulgated by the Supreme Court and the Committee on the Judiciary pursuant to 28 U.S.C.S. §§ 2072-2073. Each state has its own rules of procedure and evidence for litigation, which are often closely modeled after the federal rules, with the exception of some major states like California, New York, and Texas.