The Civil Procedure section of the Multistate Bar Exam (MBE) can be one of the trickiest areas for students. Jurisdiction, venue, and pretrial procedures often trip people up—but with the right focus, you can turn this section into a steady source of points.
Here are five fast, high-impact ways to improve your Civil Procedure MBE performance.
1. Focus on the heavy hitters
Jurisdiction and venue, pretrial procedures, and motions make up about two-thirds of the questions you’ll encounter. Concentrate your study time there first, and sharpen your skills on those areas before moving on to less frequently tested topics.
2. Watch for removal traps
Only a defendant can remove a case to federal court. Remember that the time for removal is 30 days—and if the defendant is from the forum state or if jurisdiction is based on diversity, the defendant can’t remove.
3. Remember the federal-question rule
Federal-question jurisdiction doesn’t require at least $75,000 in controversy, and subject-matter jurisdiction can never be waived. Don’t confuse this with diversity jurisdiction—these are two separate concepts tested regularly on the MBE.
4. Know what is (and isn’t) a federal question
A case raises a federal question if the cause of action involves a federal rule or treaty. It’s not a federal question just because a defense relies on federal law, or if a state law simply mirrors federal law. Knowing the distinction can save you from common distractors on the exam.
5. Learn your sanctions rules
Rule 11 covers filings and includes a 21-day safe harbor. Rule 16 governs pretrial orders and conferences, while Rules 26 and 37 cover discovery. On the MBE, you’ll often be asked to identify which rule applies in a given fact pattern—so practice spotting them quickly.
To see these rules in action, watch our free Civil Procedure webinar, where BarMD founder Maureen MacManus walks through real MBE-style questions and show how to break them down efficiently.
Also, check out BarMD’s Mastering the MBE course — a comprehensive program that teaches how to read questions strategically, avoid traps, and raise your score across all MBE subjects.