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 B. Notice
1. The Constitutional Requirement
Mullane v. Central Hanover Bank & Trust Co.
Notes and Questions
2. Statutory Requirements
National Development Co. v. Triad Holding Corp.
Notes and Questions
3. Immunity, Evasion, and “Sewer Service”
C. Opportunity to Be Heard
Connecticut v. Doehr
Notes and Questions

Chapter 4 · Subject Matter Jurisdiction

A. Introduction and Integration
B. State Courts and General Subject Matter Jurisdiction
C. Federal Courts and Limited Subject Matter Jurisdiction
1. The Constitutional Grants and Role of Congress
Notes and Questions
2. Plaintiff's Burden to Establish Federal Subject Matter
Jurisdiction
3. Diversity of Citizenship and Alienage Jurisdiction
a. Introductory Note
b. The Complete Diversity Rule
Strawbridge v. Curtiss
Notes and Questions
c. Determining Citizenship of Individuals
Mas v. Perry
Notes and Questions
d. Determining Citizenship of Entities
i. Corporations
Randazzo v. Eagle-Picher Industries, Inc.
Notes and Questions
Hertz Corporation v. Friend
Notes and Questions
ii. Non-Incorporated Businesses
Belleville Catering Co. v. Champaign Market Place L.L.C.
Notes and Questions
e. Representative Suits and Assignments of Claims
f. The Domestic Relations and Probate Exceptions

8
 g. The Amount in Controversy Requirement
Notes and Questions
4. Federal Question Jurisdiction
a. Introductory Note
b. Narrow Interpretations of the Jurisdictional Statute
i. The Well-Pleaded Complaint Rule
Louisville & Nashville Railroad Co. v. Mottley
Notes and Questions
ii. Well-Pleaded Complaint Problems Raised by Declaratory
Judgments
iii. Centrality of the Federal Issue to the Claim
Grable & Sons Metal Products, Inc. v. Darue Engineering
& Manufacturing
Notes and Questions
5. Supplemental Jurisdiction
6. Removal Jurisdiction
Notes and Questions

Chapter 5 · Venue
A. Introduction and Integration
B. Local and Transitory Actions
C. State Venue Provisions
Maryland Code Annotated
Notes and Questions
D. Venue in Federal Court
The Basic Rules
Notes and Questions
Bates v. C & S Adjusters, Inc.
Notes and Questions
E. Change of Venue
1. Transfer of Civil Cases in State Courts
2. Transfer of Civil Actions in Federal Court
a. Where Can Cases Be Transferred?
b. Goldlawr Transfers
c. Choice of Law
d. Standard for Transfer Under §§ 1404 and 1406
e. The Effect of a Forum Selection Clause
f. Multidistrict Litigation
F. Forum non Conveniens

9
 Piper Aircraft Co. v. Reyno
Notes and Questions

Chapter 6 · Raising Jurisdictional and Related Challenges

A. Introduction and Integration
B. The Traditional and Modern Approaches to Challenging Personal
Jurisdiction
Notes and Questions
C. Collateral and Direct Attacks on Personal Jurisdiction
Baldwin v. Iowa State Traveling Men's Association
Notes and Questions
D. Challenging Federal Subject Matter Jurisdiction
Chapter 7 · Pleadings and Judgments Based on Pleadings
A. Introduction and Integration
B. Historical Overview of the Evolution of Pleadings
C. The Complaint
1. Requirements
a. Elements of the Complaint
i. A “short and plain statement of the grounds for the court's
jurisdiction”
ii. A “short and plain statement of the claim showing that the
pleader is entitled to relief”
iii. A “demand for the relief sought, which may include
relief in the alternative or different types of relief”
b. Form of Pleadings
c. Legal Sufficiency
Notes and Questions
d. Factual (or “Formal”) Sufficiency: The Debate Over
Specificity
i. Code Pleading
ii. Federal Rules Pleading
Dioguardi v. Durning
Notes and Questions
Bell Atlantic Corporation v. Twombly
Notes and Questions
The Iqbal Case
Notes and Questions
Swanson v. Citibank, N.A.
Notes and Questions

10
 iii. The Common Counts
e. Heightened Specificity Requirements in Certain Cases
Leatherman v. Tarrant County
Notes and Questions
f. Pleading Inconsistent Facts and Alternative Theories
2. Voluntary Dismissal
Notes and Questions
3. Involuntary Dismissal
Notes and Questions
D. Defendant's Options in Response
1. Motions
Questions
2. The Answer
a. Responses to the Plaintiff's Allegations
i. Admissions
ii.. Denials
iii. Denials for Lack of Knowledge or Information
b. Affirmative Defenses
Notes and Questions
3. Claims by the Defendant
4. Failure to Respond: Default and Default Judgment
Notes and Questions
E. Amended Pleadings
1. Basic Principles Under Rule 15(a)
Notes and Questions
2. The Problem of Variance Under Rule 15(b)
Notes and Questions
3. Amendment and the Statute of Limitations Under Rule
15(c)
a. Amendment to Claims or Defenses
Marsh v. Coleman Company
Notes and Questions
b. Amendment Changing a Party
F. Supplemental Pleadings
G. Veracity in Pleading: Rule 11 and Other Devices
1. Rule 11
Model Rules of Professional Conduct
Notes and Questions
Rector v. Approved Federal Savings Bank

11
 Notes and Questions
2. Other Sanctions

Chapter 8 · Discovery
A. Introduction and Integration
B. Required Disclosures
1. Required Initial Disclosures (Rule 26(a)(1))
Questions
2. Required Disclosures Concerning Expert Witnesses (Rule
26(a)(2))
3. Required Pretrial Disclosures (Rule 26(a)(3))
C. Discovery Tools
1. Depositions (Rules 30, 31)
Questions
2. Interrogatories (Rule 33)
Questions
3. Production of Documents and Things (Rule 34)
Questions
4. Medical Examination (Rule 35)
Questions
5. Requests for Admission (Rule 36)
Questions
6. Practice Problem
D. Scope of Discovery
1. General Scope
a. “Relevant to a claim or defense.”
United Oil Co. v. Parts Associates, Inc.
Questions
b. “Nonprivileged.”
c. “Proportional.”
2. Issues Concerning Discovery of ESI
Zubulake v. UBS Warburg LLC
Notes and Questions
3. Work Product
Hickman v. Taylor
Notes and Questions
4. Experts
Ager v. Jane C. Stormont Hospital & Training School for
Nurses
Notes and Questions

12
 5. Discovery in the International Context
6. Review Problem
E. Timing and Pretrial Disclosures, Conferences, and Orders
1. Timing
2. Pretrial Conferences and Orders
F. Sanctions
Washington State Physicians Insurance Exchange &
Association v. Fisons Corp.
Notes and Questions

Chapter 9 · Adjudication With and Without a Trial or a Jury

A. Introduction and Integration
B. The Right to a Jury
1. Scope of the Constitutional Right
a. “Actions at Common Law” and the Historical Test
Chauffeurs Local 391 v. Terry
Notes and Questions
b. The Complications of Merger and the Federal Rules
c. Juries in Non-Article III Courts
d. Juries in State Courts
2. Selection and Size of the Jury
a. The Venire and Voir Dire
b. Peremptory Challenges
J.E.B. v. Alabama
Notes and Questions
c. Two Views of Voir Dire and Peremptory Strikes
Marc Mezibov and H. Louis Sirkin, The Mapplethorpe
Obscenity Trial
Morris Hoffman, 10 Trial Mistakes
d. Jury Size
3. Jury Nullification and Its Limits
C. Summary Judgment — Adjudication Without Trial
Anderson v. Liberty Lobby, Inc.
Notes and Questions
Coble v. City of White House
Notes and Questions
D. Controlling and Second-Guessing Juries
1. Judgment as a Matter of Law (Directed Verdict and
JNOV)
Lavender v. Kurn

13
 Notes and Questions
2. New Trials
Dadurian v. Underwriters at Lloyd's of London
Notes and Questions
3. Other Techniques for Controlling Juries
a. Admissibility of Evidence
b. Jury Instructions
c. Form of the Verdict
d. Judicial Comment
e. Juror Misconduct

Chapter 10 · What Law Applies in Federal Court

A. Introduction and Integration
B. Determining What Law Applies
1. The Erie Doctrine
Erie Railroad Co. v. Tompkins
Notes and Questions
Note: Constitutional Bases of Erie
2. Early Efforts to Describe When State Law Applies
Byrd v. Blue Ridge Rural Electrical Cooperative, Inc.
Notes and Questions
3. The Federal Rules of Civil Procedure
Hanna v. Plumer
Note on Understanding Hanna
a. What Happens When There Is a Federal Rule of Civil
Procedure on Point — The Rules Enabling Act Prong
i. Determining Whether a Federal Directive Is on Point
ii. Determining Whether a Federal Directive Is Valid
b. What Happens When There Is No Federal Rule of Civil
Procedure on Point — The Rules of Decision Act Prong
Notes and Questions
c. Applying the Hanna Structure
Gasperini v. Center for Humanities, Inc.
Notes and Questions
Note on “SLAPP” Suits
Shady Grove Orthopedic Association v. Allstate Insurance
Co.
Notes and Questions
C. Determining the Content of State Law
Deweerth v. Baldinger

14
 Notes and Questions
D. Federal Common Law
E. Federal Law in State Court
Chapter 11 · The Preclusion Doctrines
A. Introduction and Integration
B. Claim Preclusion
1. Scope of a Claim
a. In General
Carter v. Hinkle
Notes and Questions
b. Contract Cases
2. Parties or Persons in Privity
a. Who Can Be Bound?
Taylor v. Sturgell
Notes and Questions
b. Configuration of the Parties
Notes and Questions
3. Valid, Final Judgment on the Merits
a. Validity
b. Finality
c. On the Merits
Notes and Questions
4. Exceptions to the Operation of Claim Preclusion
Notes and Questions
C. Issue Preclusion
1. Same Issue Litigated and Determined
Cromwell v. County of Sac
Notes and Questions
2. Issue Determined Was Essential to the Judgment
Rios v. Davis
Notes and Questions
3. Valid, Final Judgment on the Merits
4. Against Whom Can Issue Preclusion Be Asserted?
Notes and Questions
5. By Whom Can Issue Preclusion Be Asserted?
a. Mutuality and Exceptions
b. Rejection of Mutuality for Defensive Use
Notes and Questions

15
 c. Rejection of Mutuality for Offensive Use
Parklane Hosiery Co. v. Shore
Notes and Questions
5. Exceptions to the Operation of Issue Preclusion
Notes and Questions
D. Problems of Federalism
1. State-to-State
2. State-to-Federal
3. Federal-to-State
4. Federal-to-Federal

Chapter 12 · Scope of Litigation—Joinder and Supplemental

Jurisdiction
A. Introduction and Integration
B. Real Party in Interest, Capacity, and Standing
Notes and Questions
C. Claim Joinder by Plaintiffs
1. Procedural Aspects
2. Jurisdictional Aspects
United Mine Workers v. Gibbs
Notes and Questions
D. Permissive Party Joinder by Plaintiffs
1. Procedural Aspects
Schwartz v. Swan
Notes and Questions
2. Jurisdictional Aspects
Notes and Questions
E. Claim Joinder by Defendants
1. Counterclaims
a. Compulsory Counterclaims
i. Procedural Aspects
Dindo v. Whitney
Carteret Savings & Loan Assn. v. Jackson
Notes and Questions
ii. Jurisdictional Aspects
Notes and Questions
b. Permissive Counterclaims
i. Procedural Aspects
Notes and Questions

16
 ii. Jurisdictional Aspects
2. Crossclaims
a. Procedural Aspects
Notes and Questions
b. Jurisdictional Aspects
Notes and Questions
F. Overriding Plaintiff's Party Structure
1. Impleader (Third-Party Practice)
a. Procedural Aspects
Markvicka v. Brodhead-Garrett Co.
Notes and Questions
b. Jurisdictional Aspects
Owen Equipment & Erection Co. v. Kroger
Notes and Questions
2. Compulsory Joinder (Necessary and Indispensable Parties)
a. Procedural Aspects
Haas v. Jefferson National Bank
Temple v. Synthes Corp.
Notes and Questions
b. Jurisdictional Aspects
Notes and Questions
3. Intervention
a. Procedural Aspects
Notes and Questions
b. Jurisdictional Aspects
Notes and Questions

Chapter 13 · Special Multiparty Litigation: Interpleader and the

Class Action
A. Introduction and Integration
B. Interpleader
1. Background
2. The Two Types of Interpleader in Federal Court
Pan American Fire & Casualty Co. v. Revere
Notes and Questions
3. The Limits of Interpleader to Avoid Duplicative Litigation
State Farm Fire & Casualty Co. v. Tashire
Notes and Questions
C. The Class Action

17
 1. Background
2. Policy and Ethical Issues
3. Constitutional Considerations
Hansberry v. Lee
Notes and Questions
4. Practice Under Federal Rule 23
a. Background
b. Filing and Certification of a Class Action
c. Requirements for Certification Under Rule 23
i. Prerequisites of Rule 23(a)
Notes and Questions
ii. Types of Class Actions Under Rule 23(b)
Notes and Questions
d. Notice to Class Members of the Pendency of the Action
Notes and Questions
e. Court's Role in Dismissal and Settlement
5. Subject Matter Jurisdiction
Exxon Mobil Corp. v. Allapattah Services
Notes and Questions
Note on Jurisdiction Under CAFA
6. Personal Jurisdiction
Notes and Questions

Chapter 14 · Appellate Review

A. Introduction and Integration
B. Appellate Jurisdiction in the Federal Courts
1. Section 1291
2. Collateral Order Doctrine
Cunningham v. Hamilton County
Notes and Questions
3. Section 1292
Notes and Questions
4. Rule 23(f)
5. Rule 54(b)
Notes and Questions
6. Mandamus
7. Appealability of Discovery Orders
8. Mechanics and Timing of Filing an Appeal
9. Appellate Jurisdiction of the United States Supreme Court

18
 C. Appeals in State Courts
D. Standards of Review
Notes and Questions
E. Review of Judgments Outside of the Appeal Process
Chapter 15 · Alternative Models of Dispute Resolution
A. Introduction and Integration
B. Models of Greater Judicial Control
John H. Langbein, The German Advantage in Civil
Procedure
Notes and Questions
Sempier v. Johnson & Higgins
Notes and Questions
C. Models of Non-Judicial Resolution
1. Brief Overview
2. Court-Annexed Versus Contractual ADR
3. Expansion of Contractual Arbitration
4. Dispute Resolution Without Adjudication
Hiroshi Wagatsuma & Arthur Rosett, The Implications of
Apology: Law and Culture in Japan and in the United States
Notes and Questions

Table of Cases
Table of Scholarly Commentary
Index

19
 Preface

Civil Procedure is a challenging course both for students and teachers.

Of all the first year subjects, it is the most alien to students' pre-law school
lives. As a result, the course sometimes seems to students to be
unconnected to the “real world.” Ironically, of all the first year courses,
Civil Procedure is the most connected to the “real world” of what lawyers
do. Graduates routinely report that Civil Procedure is central to their work.
Thus one challenge for professors (and casebook authors) is to bridge
the gap in student experience. The book addresses this issue by including
many problems and hypotheticals which are intended to make the material
more concrete. We also include notes and questions that explore the
strategic and ethical choices that real lawyers face.
A second challenge is that the course includes significant amounts of
detail, but at the same time raises such fundamental questions as the role
of justice, fairness and efficiency in the adjudication of rights. Students
sometimes miss the richness of the course because they fail to see how its
various aspects fit together—they may come away with a knowledge of
individual trees but not an overall sense of the forest. This book seeks to
avoid that result by stressing integration. The chapters are arranged in
related blocks and each chapter begins with a section called “Introduction
and Integration” which provides an overview and indicates how the
section fits with other topics.
In some areas, we have arranged material differently from what seems
to be the common approach. We do this to facilitate the integrative
function. The first part of the book addresses where litigation can proceed
and includes personal jurisdiction, subject matter jurisdiction, and venue.
We have also included notice and service of process in this part because of
its close relationship to personal jurisdiction.
Next, the book moves to the phases of a lawsuit—pleading, discovery,
and adjudication (with and without a jury). Joinder is covered later
because we do not believe this topic is necessary to understanding the
basic steps of litigation and, by delaying it, we can cover it with the

20
related issues of preclusion. Covering pleading and discovery back-to-
back highlights that they are both methods of information exchange. The
chapter on adjudication includes both summary judgment and judgment as
a matter of law. We place the Erie chapter after the chapter on
adjudication. We believe students may better understand Gasperini if they
have studied Rule 59.
Next are three chapters on preclusion and joinder. We view them as a
unit on “packaging” of litigation. We begin with preclusion. That chapter,
which explores the goals of efficiency and finality, lays the foundation for
the joinder chapters. Although we introduce supplemental jurisdiction
briefly in the chapter on subject matter jurisdiction, we defer detailed
analysis until the joinder chapters. This seems particularly necessary
because students cannot understand § 1367 without first studying the
joinder rules. Following joinder, we address appeals.
This course stresses civil procedure as part of the litigation process—a
publicly funded system of dispute resolution. We feel that students should
consider whether the litigation system is a good way to resolve disputes.
The last chapter of the book raises questions about alternative dispute
resolution and comparative law. We feel that these issues are well treated
at the end of the course, after the students have seen the litigation process
fully.
Recent years have seen remarkable change in civil procedure. Much of
this has been generated by the Supreme Court. In 2011, the Court returned
to personal jurisdiction for the first time since 1990 with two major
decisions: J. McIntyre Machinery Ltd. v. Nicastro, 131 S. Ct. 2780 (2011),
which embraced a cramped view of specific jurisdiction, and Goodyear
Dunlop Tires Operations, S.A. v. Brown, 131 S. Ct. 2846 (2011), which
suggested major retrenchment in general jurisdiction. The Court
confirmed the retrenchment of general jurisdiction in Daimler AG v.
Bauman, 134 S. Ct. 746 (2014) and offered its first discussion since 1984
of “effects” jurisdiction with Walden v. Fiore, 134 S. Ct. 1115 (2014). In
subject matter jurisdiction, the Court refined federal question jurisdiction
over state-law claims in Gunn v. Minton, 133 S. Ct. 1059 (2013) and
clarified removal procedure in Dart Cherokee Basin Operating Co., LLC,
v. Owens, 135 S. Ct. 547 (2014). Atlantic Marine Construction Co., Inc.
v. U.S. District Court, 134 S. Ct. 568 (2013), is a major decision
concerning enforceability of forum selection clauses through transfer
under 28 U.S.C. § 1404(a). In pleadings, the Court makes an important
distinction between legal and factual sufficiency in Johnson v. City of
Shelby, 134 S. Ct. 346 (2014), which may moderate the impact of

21
Twombly and Iqbal. In Tolan v. Cotton, 134 S. Ct. 1861 (2014), the Court
appears to give force to the hackneyed saying that a judge ruling on
summary judgment must view evidence in the light most favorable to the
nonmoving party.
The Court has continued its remarkable interest in the class action.
Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013) is an important
decision concerning certification of damages classes under Rule 23(b)(3).
On the heels of Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), it
front-loads a great deal of litigation into the certification stage. Yet, in
securities fraud cases, the Court has rejected some efforts to require
substantive showings at the certification stage. See, e.g., Amgen v.
Connecticut Retirement Plans, 133 S. Ct. 1184 (2013). The Court has also
continued its embrace of arbitration. In American Express Co. v. Italian
Colors Restaurant, 133 S. Ct. 2304 (2013), it upheld a form contractual
waiver of class arbitration even though the cost of pursuing individual
litigation would be prohibitive. The decision, following AT&T Mobility
LLC v. Concepcion, 131 S. Ct. 1740 (2011), which reached the same
conclusion in a consumer class action, raises significant questions of
access to justice.
The Rules Advisory Committee has been active as well. This edition
addresses the amendments going into effect December 1, 2015. Principal
among these is the change to the scope of discoverability, which moves
“proportionality” to center stage as part of the definition of what
information may be discovered. Reflecting its increasing importance, we
have expanded the discussion of discovery of electronically stored
information, ESI, including the newly-promulgated version of Rule 36(e)
regarding preservation of ESI.
Finally, though Congress has not been active in federal jurisdiction or
procedure in recent years, its broad changes to removal jurisdiction and
venue in the Jurisdiction and Venue Clarification Act of 2011 have now
generated case law worthy of discussion in this edition. In particular, we
note the emerging split of authority regarding whether the legislative
abolition of the “local action” rule affected venue or subject matter
jurisdiction.

Notes on Form
We indicate textual deletions from opinions and other materials by “* *
*.” We have not noted deletions of citations from opinions. Our additions
to cases are enclosed in brackets. Our footnotes are denoted by asterisks.
We have retained the original numbering of footnotes appearing in

22
opinions. We have adopted a short form of citing the several classic
treatises to which we refer throughout the book. With apologies to the
contributing authors on the two standard multi-volume treatises, we refer
to them, respectively, as MOORE'S FEDERAL PRACTICE AND WRIGHT &
MILLER, FEDERAL PRACTICE AND PROCEDURE. CHARLES ALAN
WRIGHT & MARY KAY KANE, LAW OF FEDERAL COURTS (7th ed.
2011) is cited WRIGHT & KANE, FEDERAL COURTS; and RICHARD D.
FREER, CIVIL PROCEDURE (3d ed. 2012) is cited FREER, CIVIL
PROCEDURE.

23
 Acknowledgments

Acknowledgments by Professor Freer

My friends and Emory colleagues Tom Arthur, Robert Schapiro, and
George Shepherd have contributed greatly to the development of this
book. Beyond the Emory community, we are in the particular debt of
Colleen Murphy, Mike Vitiello, and Jim Duane, who have gone far
beyond the call of friendship in offering suggestions. And we have
benefited greatly from contributions by Vince Alexander, John
Beckerman, Lenni Benson, Debra Cohen, Stan Cox, Jeff Dobbins,
Charlotte Goldberg, Heather Kolinsky, Glenn Koppel, Ben Madison, and
Rocky Rhodes.
I acknowledge with gratitude the generosity of the late Judge Robert
Howell Hall, who endowed the professorship which I am honored to hold.
I am grateful for the continued support of Emory University School of
Law. And, as with all my work, I remain indebted to Louise, Collin, and
Courtney.
Acknowledgments by Dean Perdue
I am grateful for the support I have received from my colleagues over
the years, particularly those who share my passion for procedure and have
offered invaluable ideas and encouragement on this and earlier editions.
That group includes Sherman Cohn, Carrie Menkel-Meadow, Naomi
Mezey, Nina Pillard, Phil Schrag, and David Vladeck.
My deepest thanks go to my family, David, Bill, and Ben. Although my
sons occasionally questioned my choice of topic (“Why don't you do
something useful—like write a book about baseball?”), and my efficiency
(“You're not done yet?”), their love and good humor were essential to
keeping my sanity and perspective.
—————
We acknowledge with gratitude the numerous helpful suggestions from
users of prior editions. We also acknowledge the permission of the

24
following copyright holders to quote material contained in the book. Any
errors that occurred in editing or reprinting are our responsibility, not that
of the copyright holder:
Hoffman, Morris, Ten Trial Mistakes, The Docket, Spring 1994 at 10.
Copyright © 1994 by the National Institute for Trial Advocacy. Reprinted
by permission.
Langbein, John, The German Advantage in Civil Procedure, 52 U. Chi.
L. Rev. 823-866 (1985). Copyright © 1985 by the University of Chicago.
Reprinted by permission.
Mezibov, Marc, and H. Louis Sirkin, The Mapplethorpe Obscenity
Trial, Litig., Summer 1992, at 12, 13-15, 71. Copyright © 1992 by the
American Bar Association. Reprinted by permission.
Wagatsuma, Hiroshi, and Arthur Rosett, The Implications of Apology:
Law and Culture in Japan and the United States, 20 Law and Society
Review 461-495 (1986). Copyright © 1986 by the Law and Society
Association. Reprinted by permission.

25
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place of cinnamon and ginger.

TO HANG ON CHRISTMAS TREE

Just loop a piece of green string and press ends into the dough at
the top of each cooky before baking. Bake with string-side down on
pan.

TO DECORATE
Use recipe for Decorating Icing (p. 31) (thin the icing for spreading).
For decorating ideas, see picture on preceding page. Sugar in
coarse granules for decorating is available at bakery supply houses.
STARS
 Cover with white icing. Sprinkle with sky blue sugar.
WREATHS
Cut with scalloped cutter ... using smaller
cutter for center. Cover with white icing.
Sprinkle with green sugar and decorate with clusters
of berries made of red icing—leaves of green icing—
to give the realistic effect of holly wreaths.
BELLS
Outline with red icing. Make clapper of red icing. (A
favorite with children.)
STOCKINGS
Sprinkle colored sugar on toes and heels before
baking. Or mark heels and toes of baked cookies
with icing of some contrasting color.
CHRISTMAS TREES
Spread with white icing ... then sprinkle with green sugar.
Decorate with silver dragées and tiny colored candies.
TOYS
(Drum, car, jack-in-the-box, etc.):
Outline shapes with white or colored icing.
ANIMALS
(Reindeer, camel, dog, kitten, etc.): Pipe icing
on animals to give effect of bridles, blankets,
etc.
BOYS AND GIRLS
Pipe figures with an icing to give desired effects:
eyes, noses, buttons, etc.

“Old country” Christmas treasures.

LEBKUCHEN ( Recipe)
The famous old-time German Christmas Honey Cakes.
Mix together and bring to a boil ...

½ cup honey
½ cup molasses

Cool thoroughly
Stir in ...

¾ cup brown sugar

1 egg
1 tbsp. lemon juice
1 tsp. grated lemon rind

Sift together and stir in ...

2¾ cups sifted GOLD MEDAL Flour

½ tsp. soda
1 tsp. cinnamon
1 tsp. cloves
1 tsp. allspice
1 tsp. nutmeg

Mix in ...

⅓ cup cut-up citron

⅓ cup chopped nuts

Chill dough overnight. Roll small amount at a time, keeping rest

chilled. Roll out ¼″ thick and cut into oblongs 1½ × 2½″. Place one
inch apart on greased baking sheet. Bake until when touched lightly
no imprint remains. While cookies bake, make Glazing Icing (recipe
below). Brush it over cookies the minute they are out of oven. Then
quickly remove from baking sheet. Cool and store to mellow.
temperature: 400° (mod. hot oven).
time: Bake 10 to 12 min.
amount: About 6 doz. 2″ × 3″ cookies.

GLAZING ICING
Boil together 1 cup sugar and ½ cup water until first indication of a
thread appears (230°). Remove from heat. Stir in ¼ cup
confectioners’ sugar and brush hot icing thinly over cookies. (When
icing gets sugary, reheat slightly, adding a little water until clear
again.)

★ NURNBERGER
Round, light-colored honey cakes from the famed old City of Toys.
Follow recipe above—except in place of honey and molasses use
1 cup honey; and reduce spices (using ¼ tsp. cloves, ½ tsp. allspice,
and ½ tsp. nutmeg ... with 1 tsp. cinnamon).
Roll out the chilled dough ¼″ thick. Cut into 2″ rounds. Place on
greased baking sheet. With fingers, round up cookies a bit toward
center. Press in blanched almond halves around the edge like petals
of a daisy. Use a round piece of citron for each center. Bake just until
set. Immediately brush with Glazing Icing (above). Remove from
baking sheet. Cool, and store to mellow.
amount: About 6 doz. 2½″ cookies.

TO “MELLOW” COOKIES
... store in an air-tight container for a few days. Add a cut orange or apple; but fruit
molds, so change it frequently.
ZUCKER HÜTCHEN (Little Sugar Hats)
From the collection of Christmas recipes by the Kohler Woman’s Club of Kohler,
Wisconsin.
Mix together thoroughly ...
 6 tbsp. soft butter
½ cup sugar
1 egg yolk

Stir in ...

2 tbsp. milk

Sift together and stir in ...

1⅜ cups sifted GOLD MEDAL Flour

½ tsp. baking powder
¼ tsp. salt

Mix in ...

¼ cup finely cut-up citron

Chill dough. Roll thin (⅛″). Cut into 2″ rounds. Heap 1 tsp. Meringue
Frosting (recipe below) in center of each round to make it look like
the crown of a hat. Place 1″ apart on greased baking sheet. Bake
until delicately browned.
temperature: 350° (mod. oven).
time: Bake 10 to 12 min.
amount: About 4 doz. 2″ cookies.

MERINGUE FROSTING
Beat 1 egg white until frothy. Beat in gradually 1½ cups sifted
confectioners’ sugar and beat until frosting holds its shape. Stir in ½
cup finely chopped blanched almonds.

Decorative favorites from lands afar.

SCOTCH SHORTBREAD
Old-time delicacy from Scotland ... crisp, thick, buttery.
Mix together thoroughly
...

1 cup soft butter

⅝ cup sugar (½ cup
plus 2 tbsp.)

Stir in ...

2½ cups sifted GOLD MEDAL Flour

Mix thoroughly with hands. Chill dough. Roll out ⅓ to ½″ thick. Cut
into fancy shapes (small leaves, ovals, squares, etc.). Flute edges if
desired by pinching between fingers as for pie crust. Place on
ungreased baking sheet. Bake. (The tops do not brown during
baking ... nor does shape of the cookies change.)
temperature: 300° (slow oven).
time: Bake 20 to 25 min.
amount: About 2 doz. 1″ × 1½″ cookies.

★ FINSKA KAKOR (Finnish Cakes)

Nut-studded butter strips from
Finland.
Mix together thoroughly ...

¾ cup soft butter

¼ cup sugar
1 tsp. almond flavoring

Stir in ...

2 cups sifted GOLD

MEDAL Flour
Mix thoroughly with hands. Chill dough. Roll out ¼″ thick. Cut into
strips 2½″ long and ¾″ wide. Brush tops lightly with 1 egg white,
slightly beaten. Sprinkle with mixture of 1 tbsp. sugar and ⅓ cup
finely chopped blanched almonds. Carefully transfer (several strips
at a time) to ungreased baking sheet. Bake just until cookies begin to
turn a very delicate golden brown.
temperature: 350° (mod. oven).
time: Bake 17 to 20 min.
amount: About 4 doz. 2½″ × ¾″ cookies.
SANDBAKELSER (Sand Tarts)
Fragile almond-flavored shells of
Swedish origin, made in copper molds
of varied designs.
Put through fine knife of food
grinder twice ...

*⅓ cup blanched almonds

*4 unblanched almonds

Mix in thoroughly ...

⅞ cup soft butter (1 cup

minus 2 tbsp.)
The ring of sleigh bells fills the air as
¾ cup sugar everyone races to church on Christmas Day
1 small egg white, in Finland.
unbeaten

Stir in ...

1¾ cups sifted GOLD MEDAL Flour

*In place of the almonds, you may use 1 tsp. vanilla flavoring and 1
tsp. almond flavoring.
Chill dough. Press dough into Sandbakels molds (or tiny fluted tart
forms) to coat inside. Place on ungreased baking sheet. Bake until
very delicately browned. Tap molds on table to loosen cookies and
turn them out of the molds.
temperature: 350° (mod. oven).
time: Bake 12 to 15 min.
amount: About 3 doz. cookies.
MOLDED COOKIES Mold ’em fast with
a fork or glass!

HOW TO MAKE MOLDED COOKIES (preliminary steps on pp. 14-

15)

1 With hands, roll dough 2 Flatten balls of dough 3 Cut pencil-thick strips
into balls or into long, with bottom of a glass ... and shape as directed
pencil-thick rolls, as dipped in flour (or with a ... as for Almond
indicated in recipe. damp cloth around it), or Crescents (p. 41) or
with a fork—crisscross. Berliner Kranser (p. 42).

DATE-OATMEAL COOKIES
Mix together thoroughly ...

¾ cup soft shortening (half butter)

1 cup brown sugar
2 eggs
3 tbsp. milk
1 tsp. vanilla

Sift together and stir in ...

2 cups sifted GOLD MEDAL Flour

¾ tsp. soda
1 tsp. salt

Stir in ...
 2 cups rolled oats
1½ cups cut-up dates
¾ cup chopped nuts

Chill dough. Roll into balls size of large walnuts. Place 3″ apart on
lightly greased baking sheet. Flatten (to ¼″) with bottom of glass
dipped in flour. Bake until lightly browned.
temperature: 375° (quick mod. oven).
time: Bake 10 to 12 min.
amount: About 4 doz. 2½″ cookies.

★ PEANUT BUTTER COOKIES ( Recipe)

Perfect for the Children’s Hour.
Mix together thoroughly ...

½ cup soft shortening (half butter)

½ cup peanut butter
½ cup sugar
½ cup brown sugar
1 egg

Sift together and stir in ...

1¼ cups sifted GOLD MEDAL Flour

½ tsp. baking powder
¾ tsp. soda
¼ tsp. salt

Chill dough. Roll into balls size of large walnuts. Place 3″ apart on
lightly greased baking sheet. Flatten with fork dipped in flour ...
crisscross. Bake until set ... but not hard.
temperature: 375° (quick mod. oven).
time: Bake 10 to 12 min.
amount: About 3 doz. 2½″ cookies.

HONEY PEANUT BUTTER COOKIES

Follow recipe above—except use only ¼
cup shortening, and in place of brown sugar
use ½ cup honey.

Sprightly tea cakes for friends and family.

THUMBPRINT COOKIES Nut-rich ... the thumb dents filled with

sparkling jelly.
I’m as delighted with this quaint addition to our cooky collection, from Ken
MacKenzie, as is the collector of old glass when a friend presents her with some
early thumbprint goblets.
Mix together thoroughly ...

½ cup soft shortening (half butter)

¼ cup brown sugar
1 egg yolk
½ tsp. vanilla

Sift together and stir in ...

1 cup sifted GOLD MEDAL Flour

¼ tsp. salt

Roll into 1″ balls. Dip in slightly beaten egg whites. Roll in finely
chopped nuts (¾ cup). Place about 1″ apart on ungreased baking
sheet. Bake 5 min. Remove from oven. Quickly press thumb gently
on top of each cooky. Return to oven and bake 8 min. longer. Cool.
Place in thumbprints a bit of chopped candied fruit, sparkling jelly, or
tinted confectioners’ sugar icing.
temperature: 375° (quick mod. oven).
time: Bake 5 min., then 8 min.
amount: About 2 doz. 1½″ cookies.

★ ENGLISH TEA CAKES Tender, flavorful tidbits with a sugary

glaze.
Mix together thoroughly ...

½ cup soft shortening (half butter)

¾ cup sugar
1 egg
3 tbsp. milk

Sift together and stir in ...

1¾ cups sifted GOLD MEDAL Flour

1½ tsp. baking powder
¼ tsp. salt

Mix in ...

½ cup finely cut sliced citron

½ cup currants or raisins, cut-up

Chill dough. Roll into balls the size of walnuts. Dip tops in slightly
beaten egg white, then sugar. Place sugared-side-up 2″ apart on
ungreased baking sheet. Bake until delicately browned. The balls
flatten some in baking and become glazed.
temperature: 400° (mod. hot oven).
time: Bake 12 to 15 min.
amount: About 3 doz. 1½″ cookies.

ALMOND CRESCENTS
Richly delicate, buttery. Party favorites.
Mix together thoroughly ...

1 cup soft shortening (half butter)

⅓ cup sugar
⅔ cup ground blanched almonds

Sift together and work in ...

1⅔ cups sifted GOLD MEDAL Flour

¼ tsp. salt

Chill dough. Roll with hands pencil-thick. Cut in 2½″ lengths. Form
into crescents on ungreased baking sheet. Bake until set ... not
brown. Cool on pan. While slightly warm, carefully dip in 1 cup
confectioners’ sugar and 1 tsp. cinnamon mixed.
temperature: 325° (slow mod. oven).
time: Bake 14 to 16 min.
amount: About 5 doz. 2½″ cookies.

LEMON SNOWDROPS
Refreshing, lemony ... with snowy icing.
Follow recipe for English Tea Cakes above—except use 2 tbsp.
lemon juice and 1 tbsp. water in place of the milk. Add 2 tsp. grated
lemon rind. Omit citron and currants. Mix in ½ cup chopped nuts.
Chill dough. Roll into balls and bake. Then roll in confectioners’
sugar.

BUTTER FINGERS
Nut-flavored, rich buttery party cookies.
Follow recipe for Almond Crescents—except in place of almonds use
black walnuts or other nuts, chopped. Cut into finger lengths and
bake. While still warm, roll in confectioners’ sugar. Cool, and roll in
the sugar again.
Festive cookies for the holidays ... ideal for Christmas boxes.