Rules
Rule 4
Service of Process
Individ:
Corp:
Rule 9(b)
Must plead fraud or mistake with particularity
Malice, intent or knowledge can be plead generally (but keep Tombly/Iqbal in mind)
1332
Diversity
-Complete diversity
-Amount in controversy: over 75, no aggregation for multiple P's to D's
1331
Federal question
-well pleaded complaint
-arises under federal law, treaties, U.S. Constitution
Rule 59
New Trial
Grounds for new trial-broad
-court may do this on their own (same 28 days) or by parties request
-Must be filed with 28 days of judgment
Rule 8-Pleadings
(a)
(b)
(c)
(a) short, plain statement of SMJ
(b) short, plain statement of claim showing entitlement to relief (
(c) a demand for relief sought
How does Twobly/Iqbal differ from this...
1406
Venue is improper, move to proper court (if in same judicial system)
Use the new venue's law
Rule 37(a)(1)-Discovery
Motion to compel, may motion the court to compel disclosure or discovery. Motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure/discovery
Rule 36-Discovery
Request for Admission
Time to respond: within 30 days of being served
-if not answered then considered admitted
-may deny, admit or without knowledge
-Unlimited amount
Intervention
1)as of right-if you are joined under 19 you do not have to join under 24, not claim preclusive if you don't join under 24
-on timely motion, claims an interest relating to the transaction that is the subject of the action, disposing of the action may impair or impede movant's ability to protect its interest, unless existing parties adequately represent that interest
2) permissive-court's discretion
-joined timely, has a claim or defense that shares with the main action or question of law
1391
b1b2
b3
1) any district where Def. lives if all Def's live in same state
2) substantial part where issue occurred
3) if there is no district in which an action may otherwise be brought, any judicial district in which any def. is subject to the court's PJ (this one is super Rare)
12(b) 1
When can this be brought up?
lack of SMJ
cannot be waived, can be brought up anytime, even after the appeal
Rule 11
Sanctions
-signature means the lawsuit is not frivolous, not improper and there is evidence
-21 day harbor
-not for discovery, this is for pleadings
26(f)-Discovery
parties must confer as soon as practicable-and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule16(b)
Parties to get together for a conference to discuss discovery process.
You can serve discovery requests on the opposing party after this.
Rule 12(b) numbers 2 through 5
2-lack of PJ
3-Improper Venue
4-Insufficient process
5-Insufficient service of process
These are waivable. If not asserted in your first pleading, you have waived them.
1404
Use the law of the original venue
Rule 35-Discovery
Physical or Mental Examination
-court may order a physical or mental exam be completed (usually if the claim is about the mental or physical wellbeing of person involved)
Rule 56
Summary judgment
-Standard-no issue of material fact
-Not appealable if denied
-Looks at evidence of case
Rule 50(a)
Motion for Judgment as matter of law
-Made after the opposing party has fully presented,
-Same standard as MSJ
-Made before case goes to jury
Motion on the pleadings
-face of the pleadings
Amendment
-can amend with 21 days as a matter of course ONE TIME
-consent from other party after the 21 days
-court's leave (if can't get consent)
1367(a)
1367(b)
not allowing the supplemental of 1367(a) if...
-claim is by the P against person made a party under Rule 14,19,20,24
-In a Diversity case
-There are multiple Defs.
Rule 50(b)
Renewed motion for JMOL
-Must have filed a 50(a) first
-same argument as was in 50(a)
-must file with 28 days of judgment
12(f)
Motion to strike
The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter
-on it's own
-or on motion made by party