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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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in my federal civil suit the district court dismissed my case

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in my federal civil suit the district court dismissed my case with prejudice without a hearing.
I've appealed to circuit court in Atlanta.
The defendant argued for dismissal partly on grounds that I didn't link any of the specific facts in my complaint to specific elements. I did not use the words "elements" in my complaint.
I now realize as a pro se plaintiff/appellant that listing specific facts as proving specific elements would have been advisable, but I did have many facts that I feel could prove any element the defense wishes to cite.
Do you know of any federal rule of civil procedure that mandates the plaintiff explicitly state that facts a, b and c are proof of element x?
I hope this message finds you well, present circumstances excluded. Generally speaking Federal Rules of Civil Procedure 10 specifies in broad language that the facts and elements must be linked together. This rule is viewed in conjunction with precedent before the court system. That is how your initial suit was dismissed...very much on a procedural technicality.

Here is a link to a pro se manual that was actually generated for federal court in Idaho, but the same rules of procedure would also apply in Federal Court in Georgia: http://constitution.org/pro-se/pro-se.htm#CHAPTER%20II.

In Chapter 5 of the Manual, there is a nice spreadsheet of sorts that details the procedures and accompanying rules in many cases.

What you will attempt to do on appeal to the Circuit Court is to have your case remanded to the district court so that you can amend your original complaint to comply with Rule 10 of the FRCP. Then the case can be decided on the merits as opposed to a technicality.

Let me know if you have any additional questions or concerns.

Best wishes going forward!
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