Plead or Flee
Default is not a what?
Default Judgment (Rule 55)
Rule 9 Types of Special Pleading Matters
Fraud, mistake, or special damages
How to commence a civil action
Rule 3
Civil action is commenced by filing a complaint with the court
(SUMMONING IS NOT REQUIRED)
Alsbrook's favorite Rule
Rule 83
Rules by District Court; Judge's Directive
Rule 2 is what?
The only form of action is a civil action
Rule 34 concerns what?
Producing Documents, Electronically Stored Information, and
Party A does not cooperate with discovery requests what can Party B file under?
Rule 37
Failure to Make Disclosure; Failure to cooperate with discovery
Seven Types of Pleadings
FRCP 7
A complaint
An answer to a complaint
An answer to a counterclaim designated as a counterclaim;
An answer to a crossclaim;
A 3rd party complaint
An answer to a 3rd party complaint.
If the court orders one, a reply to an answer
Under Rule 8, A pleading must contain
A short and plain statement of jurisdiction
A short and plain statement of the claim showing the pleader is entitled to relief
A demand for relief is sought
When there is no genuine dispute as to any material fact, a party will do what?
Motion for Summary Judgment (MSJ)
Rule 56: Summary Judgment
What is Rule 12(b) requirements?
Lack of subject-matter jurisdiction (NEVER WAIVED: CAN BE RAISED ANYTIME, INCLUDING APPEAL
Lack of Personal Jurisdiction
Improper venue;
Insufficient process;
Insufficient service of process, Bolded must be put in your Rule 12 response or else they are waived
Failure to state a claim upon which relief can be granted; and
Failure to join a party under Rule 19. Can be raised for the first time at any time through trial. CANNOT BE RAISED ON APPEAL
What rule concern Judgment as a Matter of Law?
Rule 50: Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
Rule 26(b) Duty to Disclose Elements
Matter, that is
Not priivleged
Relevant to any party’s claim or defense
Propertional to the needs of the case
Whether or not it is admissible in evidence
What does Rule 15 concern?
15(a) ⇒ Sets amendment before trial
15(b) ⇒ Sets rules for amendment after trial
15(c) ⇒ Sets rules for amendments attempted after the statutes of limitation
Signing Pleadings confirm the following requirements under Rule 11(b)
11(b)(1) ⇒ No improper purpose
11(b)(2) ⇒ No Frivolous Legal Arguments, Claims, Defenses
11(b)(3) ⇒ No Unfounded Allegation
11(b)(4) ⇒ No Unofunded Denials of Allegations
What rule governs dismissals of actions?
Rule 41. Dismissal of Actions
(a) Voluntary Dismissal
(b) Involuntary Dismissal
What are the Rules concerning Written and Oral Examinations
Rule 30 (Oral Examination)
Rule 31 (Written Examination)
How long do you have to demand a jury trial under Rule 38(b)
(1) serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served;
How many written interrogatories can a party have without permission or agreement from parties under Rule 33: Interrogatories to Parties
No more than 25
A summons must contain:
Rule 4
Name the court and the parties
Be directed to the defendant
State the name and address of the plaintiff’s attorney (Pro se – the plaintiff)
State the time within which the defendant must appear
Notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint;
Be signed by the clerk; and
Bear the court’s seal
What rule concerns the judgments and costs of a trial?
Rule 54
What is the scope for requests for admission under Rule 36(a)
A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of Rule 26(b)(1) relating to:
(A) facts, the application of law to fact, or opinions about either; and
(B) the genuineness of any described documents.
What rule concerns the mental and physical examination?
Rule 35
Rule 10(a) Form of Pleading Requirements
Name of the court
Name of every party
A blank for the judge’s name (will be later assigned)
A blank for the case number (will be later assigned)
A rule 7(a) "designation" (i.e., the word “complaint”)
Rule 29: What are te stipulations about the discovery process
Unless the court orders otherwise, the parties may stipulate that:
(a) a deposition may be taken before any person, at any time or place, on any notice, and in the manner specified—in which event it may be used in the same way as any other deposition; and
(b) other procedures governing or limiting discovery be modified—but a stipulation extending the time for any form of discovery must have court approval if it would interfere with the time set for completing discovery, for hearing a motion, or for trial.