Complaint/ Pleading
According to FRCP 8(a), a complaint must contain these three essential elements.
What are: (1) a statement of jurisdiction, (2) a statement of the claim showing entitlement to relief, and (3) a demand for relief?
Under FRCP 12(a)(1), a defendant generally has this many days to respond to a complaint after being served.
What is 21 days?
Rule 11 does NOT apply to this category of court filings.
What is discovery?
Under Rule 56(b), a party may file a motion for summary judgment up until this point in the litigation timeline.
What is 30 days after the close of discovery?
This rule requires that all signed documents in federal court must be filed in good faith after reasonable inquiry.
What is Rule 11?
This FRCP rule lists all documents that are considered "pleadings" in federal court.
What is Rule 7?
When responding to allegations in a complaint under Rule 8(b), a defendant has these three options.
What are: admit, deny, or aver lack of knowledge?
Party A fails to make initial disclosures required under Rule 26(a)(1). Party B discovers this failure and immediately files a motion to compel under Rule 37(a). The court denies Party B's motion. What did Party B do wrong?
What is: Party B failed to confer or attempt to confer in good faith before filing the motion to compel, which is required under Rule 37(a)(1). Additionally, for initial disclosures specifically, Rule 37(c) suggests sanctions may be automatic without needing a motion to compel - Party B should have moved for sanctions under Rule 37(c) instead?
At summary judgment, Defendant submits an affidavit from an eyewitness stating "I saw the entire accident and the plaintiff was clearly at fault." Plaintiff responds by pointing to their deposition testimony where they stated "I was not at fault." Is this sufficient to create a genuine dispute of material fact and survive summary judgment?
What is: Yes, this creates a genuine dispute because the court must view evidence in the light most favorable to the non-moving party, and conflicting testimony from witnesses (including the parties themselves) creates a credibility determination that only a jury can make?
According to the timeline, this document officially commences a lawsuit in federal court.
What is the complaint (Rule 3)?
Under FRCP 8(a)(2), your complaint must contain a "statement of the claim showing the pleader is entitled to relief." These two Supreme Court cases established the modern standard for what this means.
What are Twombly and Iqbal?
These Rule 12(b) defenses are "use 'em or lose 'em" defenses that must be raised in the defendant's first response to the complaint or they are waived.
What are Rule 12(b)(2)-(5) defenses (lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process)?
Under Rule 11(b), when an attorney signs a document, they certify these four things about the document.
What are: (1) it's not being presented for improper purpose, (2) it's warranted by law or nonfrivolous argument for changing law, (3) factual assertions have evidentiary support, and (4) denials of factual assertions have evidentiary support?
This motion can be filed either before the case goes to the jury OR after the jury returns a verdict, arguing that no reasonable jury could find for the non-moving party.
What is a motion for judgment as a matter of law (JMOL) under Rule 50(a) (before verdict) or judgement notwithstanding the verdict Rule 50(b) (after verdict)?
These are the three types of Rule 12 motions, though only one is commonly used.
What are: Rule 12(b) motion to dismiss, Rule 12(e) motion for more definite statement, and Rule 12(f) motion to strike?
Sarah files a complaint alleging "Defendant was negligent and caused me harm." The defendant moves to dismiss under Rule 12(b)(6). What is the likely outcome and why?
What is: the motion will likely be granted because the complaint contains only conclusory statements without sufficient factual allegations to make the claim plausible (fails Twombly/Iqbal standard)?
Attorney files a motion without conducting reasonable inquiry into the facts and law. Opposing counsel wants to seek Rule 11 sanctions. Before filing a motion for sanctions with the court, opposing counsel must do this.
What is comply with the "safe harbor" provision under Rule 11(c)(2) by serving the motion on the offending party and giving them 21 days to withdraw or correct the document?
Attorney Smith requests documents from opposing counsel. Opposing counsel fails to respond. Before filing a motion to compel under Rule 37(a), Attorney Smith must take this procedural step
What is: confer or attempt to confer in good faith with the opposing party (Rule 37(a)(1))?
After a jury trial, the losing party wants to appeal. However, they failed to file a Rule 50(a) motion for JMOL before the verdict. Now they want to file a Rule 50(b) renewed JMOL motion. What will happen?
What is: the Rule 50(b) motion will be denied because a party cannot file a renewed JMOL without first filing a Rule 50(a) motion before the verdict (preservation requirement)?
Rule 12(g) requires this regarding the filing of Rule 12 motions, with certain exceptions found in Rule 12(h).
What is: all Rule 12 motions must be combined into one document (except for the defenses that can be raised later under Rule 12(h)(2) and (3))?
A plaintiff files a complaint that meets Rule 8(a)(1) and (3) requirements but contains detailed factual allegations that, even if true, do not support any recognized legal theory of recovery. The defendant should file this specific motion, citing this rule and defense.
What is a Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted?
Plaintiff sues Defendant A in January 2024. In March 2024, Plaintiff realizes she should have sued Defendant B instead. She amends her complaint to substitute Defendant B for Defendant A. Under Rule 15(c)(1)(C), for the amendment to relate back to the original filing date, these three conditions must be met regarding Defendant B's knowledge and notice.
What are:
(1) the claim arose out of the same conduct, transaction, or occurrence;
(2) Defendant B received notice of the action within the Rule 4(m) period (90 days) such that they won't be prejudiced; and
(3) Defendant B knew or should have known they would have been sued but for a mistake of identity (under Krupski, plaintiff's knowledge or delay is irrelevant)?
During discovery, Party A requests documents prepared by Party B's attorney analyzing the case strategy. Party B refuses, citing work product protection under Rule 26(b)(3). Party A argues they have substantial need because their expert witness died and these documents contain the only analysis of technical issues. Can Party A can obtain these documents?
What is: Party A likely cannot obtain the documents because even if they show substantial need and inability to obtain substantial equivalent by other means under Rule 26(b)(3)(A), the court must still protect against disclosure of the attorney's mental impressions, conclusions, opinions, or legal theories under Rule 26(b)(3)(B), which these strategy documents clearly contain?
At summary judgment, the court must view all evidence in this manner, and the moving party has this burden of proof. Additionally, explain what happens if the non-moving party fails to respond with evidence creating a genuine dispute.
What is: the court must view all evidence in the light most favorable to the non-moving party; the moving party must show there is no genuine dispute of material fact and they are entitled to judgment as a matter of law; if the non-moving party fails to respond with controverting evidence, summary judgment will be granted because they failed to meet their burden to create a genuine dispute?
Plaintiff files a complaint on January 1, 2024. Defendant files a Rule 12(b)(6) motion to dismiss on January 22, 2024, which is denied on February 15, 2024. Defendant files an answer on February 20, 2024, raising a Rule 12(b)(2) defense (lack of personal jurisdiction) for the first time. On March 1, 2024, Defendant files a Rule 12(c) motion for judgment on the pleadings, again raising the Rule 12(b)(6) failure to state a claim argument. Identify ALL procedural errors Defendant made and explain the consequences of each.
What are: