Pleadings
FRCP 10
What is separate statements and numbered paragraphs?
FRCP 9b
What is plead fraud with particularity?
12b
Defenses to claim for relief
26f1
Confer as soon as applicable, initial meeting, at least 21 days before scheduling conference; scheduling conference is set by the judge
12b6
Motion to dismiss for failure state claim upon which relief can be granted
FRCP 8a
What is short and plain statement of jurisdiction, entitlement to relief, demand for relief
Plausibility Standard
1. Seperate facts and legal conclusions
2. Look at facts favorable to nonmoving party and accept as true if plausible (>51%)
3. Ignore Legal Conclusions
Under 12a how long do you have to provide an answer.
21 days
26a1c
Party must make initial disclosures at or with 14 days after their 26f conference
FRCP 11a-c
What is a) signature, b) representations, c) sanctions (21 day harbor)
FRCP 8b
What is short and plain statement of defense: fairly respond to substance of allegations, admit/deny
15a
a)a) you have 21 days as a matter of course to amend your complaint
a)b) you have 21 days after service of responsive pleadings
What is 12e and what do you have to file this with?
What are Motion for more definitive statement and 9b.
26a1a
Initial Disclosures:
1. Names and info of individuals that may support
2. Any documents you support claims
3. Computation of damages
4. insurance
26b3
Work Product Privilege
Protects: documents prepared in anticipation of litigation
Covers: attorney/agency
Waivable: yes
Exception: facts (do not document but get info in it)
FRCP 8d
What is plead in alternative scenarios, regardless of consistency?
15c
Relation Back:
Adding claim that arose our of the original conduct or the change the named party (must have had notice and was a mistake)
*Cannot change unnamed defendant or Jane Doe
12f
Motion to strike; scandalous or inflammatory material
26b1
parties may obtain discovery regarding any matter, not privilege, that is relevant
26b4
A) depose person identified as expert
D) May not discover into expert not expected to testify
Except:
i. Per FRCP 35 (Mental/Physical Exam)
ii. Or exceptional circumstances (cannot redo analysis or no other expert available)
FRCP 8c
affirmative defenses: estoppel, laches, res judicata, statute of limitations
15d
Supplement:
New event that you want to add to the suit
12g and 12h
12g: File all your 12 motions together and 12h:waive right to assert rule 12 defenses if not all filed together
26b2b
ESI: Zubalake
1. Responding Party: withhold and assert not reasonably accessible information
2. Responding Party: will have undue burden
3. Requesting Party: vost justified and good cause for production
Discovery Types
30: Depositions
33: Interrogatories
34: Production of Documents
35: Physical/ Mental Exam
36: Request for Admission