PJ
FUNCTION/PURPOSE OF THE COURT FOR THIS TYPE OF JURISDICTION
WHAT IS THE ABILITY TO BRING A DEFENDANT INTO COURT
WHAT ARE THE THREE TYPES OF SMJ
WHAT IS FEDERAL QUESTION, DIVERSITY, AND SUPPLEMENTAL
This is the number of days a defendant has to answer a complaint after being served, unless they waived service.
What are 21 days?
This rule requires that a complaint contain a “short and plain statement of the claim” showing the plaintiff is entitled to relief.
What is Rule 8?
This motion asks the court to enter judgment before trial because there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.
What is a motion for summary judgment (Rule 56)?
TWO MAIN TYPES OF PJ AND DEFINITIONS
WHAT IS GENERAL AND SPECIFIC. GENERAL IS THE DEF AT HOME, SPECIFIC IS ARISING OUT OF THE DEFENDANTS CONTACTS WITH THE FORUM
TWO ELEMENTS NEEDED FOR DIVERSITY JURISDICTION
WHAT IS AMOUNT IN CONTROVERSY EXCEEDING 75K AND COMPLETE DIVERSITY BETWEEN PARTIES
A defendant who waives service gets this many days to answer.
What are 60 days?
(90 if outside the U.S.)
Under this standard, a complaint must plead enough facts to make the claim plausible, not just possible, on its face.
What is Twiqbal?
This motion asks the court to dismiss the claim because the facts alleged, even if true, do not entitle the plaintiff to relief; the standard is “plausibility.”
What is a Rule 12(b)(6) motion to dismiss for failure to state a claim?
ALTERNATIVES FOR WHEN GENERAL AND SPECIFIC FAIL
WHAT IS A LONG ARM STATUTE OR TRANSIENT JURISDICTION
AMOUNT OF DAYS TO REMOVE A CASE TO FEDERAL COURT AND BY WHOM
WHAT IS THE 30 DAY RULE INITIATED BY DEFENDANT
A party may amend a pleading once as a matter of course within this many days after serving it, or after service of a Rule 12 motion.
What are 21 days?
This type of pleading must admit, deny, or state insufficient knowledge for each allegation—and failing to deny counts as an admission.
What is the answer?
A party seeking sanctions must first serve this motion and then wait 21 days under the Safe Harbor Rule before filing it with the court.
What is a Rule 11 motion for sanctions?
NECESSARY FOR SPECIFIC JURISDICTION
PURPOSEFULLY AVAILED, RELATEDNESS/ SUBSTANTIAL NEXUS, FAIRNESS TEST
DOMICILE DEFINITION FOR PURPOSES OF COMPLETE DIVERSITY
INTENT TO REMAIN AND PHYSICAL PRESENCE
A party served with interrogatories, requests for production, or requests for admission has this many days to respond.
What are 30 days?
These defenses—like lack of personal jurisdiction, improper venue, insufficient process, and insufficient service—are waived if not raised in the first Rule 12 motion.
What are the Rule 12(b)(2)-(5) defenses?
This motion can be raised anytime, including at trial or on appeal, because it can never be waived.
What is lack of subject matter jurisdiction?
GESTALT FACTORS UNDER BURGER KING CASE
BURDEN ON DEF, STATES INTEREST IN ADJUDICATION, INTERSTATE NEEDS FOR EFFICIENT RESOLUTION, STATES SHARED INTEREST IN COMPLIANCE
NECESSARY FOR FEDERAL QUESTION TO BE PRESENTED IN COURT
WHAT IS A WELL PLEADED COMPLAINT, SUBSTANTIALLY RAISED, ACTUALLY DISPUTED, SAFE BALANCE BETWEEN THE COURTS
Under Rule 26, initial disclosures must be served within this many days after the Rule 26(f) conference.
What are 14 days?
A party may amend once as a matter of course within 21 days after serving the pleading or after service of a Rule 12 motion. This doctrine allows the amendment to count as filed on the original date if it arises from the same conduct, transaction, or occurrence.
What is relation back?
This motion tests the sufficiency of the complaint after the pleadings are closed, not before—essentially the post-pleadings version of failure to state a claim.
What is a motion for judgment on the pleadings?