Rule 8
What does Rule 8 Control?
General Rules of Pleadings
What does Rule 12 control?
Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses;Pretrial Hearing
What does Rule 26 control?
Duty to Disclose; General Provisions Governing Discovery
What does rule 56 control? When is it used?
Summary Judgment: When there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
Which Rule governs amendments? When may you amend?
Rule 15
Once as a matter of course within 21 days after serving; or
21 days after service of responsive pleading, or 21days. after service of a motion under 12(b), (e), or (f), whichever is earlier.
What must a claim for relief contain?
1). Short and plain statement of the ground for jurisdiction
2). A short and plain statement of the claim showing the pleader is entitled to relief; and
3). A demand for the relief sought
Name three motions that self-assert a claim for relief
(1) lack of subject-matter jurisdiction;
(2) lack of personal jurisdiction;
(3) improper venue;
(4) insufficient process;
(5) insufficient service of process;
(6) failure to state a claim upon which relief can be granted; and
(7) failure to join a party under Rule 19.
What must be Mandatorily Disclosed
Certain basic information, witness names, documents, damage calculations.
What does rule 50 control?
Judgment as a Matter of Law, Related Motion for a New Trial; Conditional Ruling
Which Rule Governs Failure to Cooperate in Discovery and Sanctions? How does it help the moving party?
Rule 37
Compels attorneys and clients to cooperate.
What must an admission contain Under 8(b)(1)?
A). State in short and plain terms its defenses to each claim against their party; and
B). Admit or deny the allegations asserted against it by an opposing party
What is the time frame for serving a responsive pleading?
21 days after being served with summons or complaint; or
If service has been waived (under 4(d)), within 60 days after request for waiver was sent; or
Within 90 days after it was sent to Defendant outside United States
What is the scope of discovery?
Non-privileged matter relevant to any party's claim or defense, proportional to the needs of the case under 26(b)
When can you file a motion for summary judgment?
Unless local rule or court order differs, up until 30 days after close of discovery
What five ways can a case be resolved with no trial?
Default, Dismissal, Settlement, Meditation, Arbitration
1). It's considered admitted
2). You must state so, and it's considered a Denial
What is a motion for a more definite Statement and what are its consequences?
Under 12(e) A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.
When can you stop someone from discovering something?
26 (c) Protect party from annoyance, embarrassment, oppression, expense
26 (b)(2)(C) Limit unreasonable cumulative/duplicate info, info that parties already had a chance to get, outside proportionality scope
When do you make a Rule 50 motion? (a+b)
Court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find the party on the issue
(a) When the other party has been fully heard, but before you give over to the Jury.
(b) After the jury verdict, as long as you've made a motion under 50(a)
What does Rule 59 control? When is it granted?
New Trial; Altering or Amending a Judgment
You may request a new trial under 59 "for any reason for which a new trial. has heretofore been granted. in. a n action at law in federal court".
*Also when you want a new trial under a 50(b) motion.
Name three affirmative defenses (If you can name the cases they came from for all three, you gain double points).
• accord and satisfaction;
• arbitration and award;
• assumption of risk;
• contributory negligence;
• duress;
• estoppel;
• failure of consideration;
• fraud;
• illegality;
• injury by fellow servant;
• laches;
• license;
• payment;
• release;
• res judicata;
• statute of frauds;
• statute of limitations; and
• waiver.
What rules contain lack of subject-Matter Jurisdiction? When can it be raised?
12(b)(1)- objection; 12(h)(3), at any time
When is attorney work product not protected? Under which rules?
Rule 26(b)(3) & 26(b)(4)(D). Trial prep may be discoverable if substantial equivalent cannot be obtained without significant hardship.
What happens if your motion under rule 50(b) is granted?
the court may
1) Allow Judgment on the verdict
2). Order a new trial; or
3). Direct the entry of Judgment as a matter of law
What does Rule 9 control? Where have we seen it in class so far?
Pleading Special Matters
(b) Fraud or Mistake; In alleging fraud or mistake a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally.