Rule 12
(a)
Unless another time is specified, responsive pleading must be given within 14 days
Rule 11(b)
signing and submitting
1. no improper purpose
2. warranted by existing law
3. evidentiary support
4. denials are warranted
Rule 7
(a) Pleadings. Only these pleadings are allowed:
(1) a complaint;
(2) an answer to a complaint;
(3) an answer to a counterclaim designated as a counterclaim;
(4) an answer to a crossclaim;
(5) a third-party complaint;
(6) an answer to a third-party complaint; and
(7) if the court orders one, a reply to an answer.
(b) Motions and Other Papers.
(1) In General. A request for a court order must be made by motion. The motion must:
(A) be in writing unless made during a hearing or trial;
(B) state with particularity the grounds for seeking the order; and
(C) state the relief sought.
(2) Form. The rules governing captions and other matters of form in pleadings apply to motions and other papers.
28 USC 1446
Removal proceedings
Twombly Iqbal Test
1) Are the allegations well-pleaded? (more than a mere conclusory statement or more than a threadbare recital of the elements of the cause of action)
2) Do well-pleaded allegations plausibly state a claim for relief? (context specific task)
(b)
Defenses by motion (1) SMJ (2) PJ (3) Venue (4) Insufficient process (5) Insufficient service (6) dismiss for failure to state a claim upon which relief can be granted (7) joinder
Rule 11(c)
Sanctions: notice and reasonable opportunity to respond, motion for sanction has to be drafted and sent on its own 21 days before filing "21 day safe harbor rule," On the court's initiative/issue and order to show cause, and nature of sanction is limited to what suffices
28 USC 1331
Federal Question
28 USC 1447
Remand
Reasonableness test
1) court must consider burden on P
2) interests of forum state
3) Ps interest in obtaining relief
4) the interstate judicial system's interest in obtaining the most efficient resolution of controversies; and the shared interest of the several states in furthering fundamental substantive social policies
(c)(e)
Motion for Judgment on Pleadings and Motion for More definite Statement (must be made before filing responsive pleading)
Rule 9
heightened pleading standard for fraud and mistake
28 USC 1332
Diversity
28 USC 1391
Venue generally
WorldWide Specific Jurisdiction Test
1) D had purposeful availment or deliberate contacts with the forum state
2) P's claim arose out of or sufficiently relates to those contacts
3) Personal Jurisdiction is reasonable based on a consideration of factors mentioned above/ fair and reasonable
(f)(g)
motion to strike: The court may strike from pleading an insufficient defense or any redundant, immaterial, impertinent
Joinding Motions: right to join and limitations on further motions (must not make another motion under this rule)
Rule 4
tells who to sue and what to put on document: summons with court name, parties, etc
complaint served with person who is at least 18 years old and not a party. If at house, person who is capable and lives there. If not served with 90 days, court must dismiss or specify timeline with good cause. Or follow state law. Also can serve authorized agent. 60 days to answer after waiver or 90 days after... If P refuses service, P can request expenses.
28 USC 1367
Supplemental
28 USC 1406
Cure or waiver of defects
International Shoe Test
1. certain minimum contacts
2. does not offend traditional notions of fair play and substantial justice
(h) (i)
waiving and preserving certain defenses--cannot raise 12(b)(2-5) later, have to raise first if not waived
Failure to state a claim upon which relief can be granted in any pleading by motion under 12c and at trial.
Hearing Before Trial 1-7 and motion under 12c must be heard and decided before trial.
Rule 8
allegations w/ jurisdiction and legal claims
short and plain statement showing entitlement to relief, demand for relief, giving notice, Stating facts, narrowing issues for litigation, helping court rid of bogus claims
can admit some and deny others, lack knowledge of claim, contradicting, admit if not deny
affirmative defenses need their own short and plain statement
28 USC 1441
Removal
28 USC 1404
Change of Venue
Hertz Nerve Center Test
corporations activities 1) state language 2) administrative simplicity 3) statutes legislative history