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24 Cards in this Set
- Front
- Back
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Rule 1
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-These rules govern the procedure in all civil actions and proceedings
-Should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding |
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Rule 3
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A civil action is commenced by filing a complaint with the court.
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Rule 7(a): Allowed Pleadings
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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 7) if the court orders one, a reply to an answer |
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Rule 7(b): Motions and other papers
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1) a request for a court order must be made my 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 |
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Rule 8(a): Claim for Relief
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1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction
2) a short . . . of the claim showing that the pleader entitled to relief; and 3) a demand for the relief sought |
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Rule 8(b): Admissions and Denials
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1) In responding to a pleading a party must:
A) state in short and plain terms its defenses to each claim B) admit or deny the allegations asserted against it by an opposing party |
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Rule 8(b)(2): Denials
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A denial must fairly respond to the substance of the allegation.
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Rule 8(b)(3): General and Specific Denials
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-If a party intends to deny all the allegations of a pleading -> general denial
-or specifically deny designated allegations or deny all except those specifically admitted |
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Rule 8(b)(4): Denying Part of an allegation
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Must admit the part that is true and deny the rest
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Rule 8(b)(5): Lacking Knowledge or Information
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A party must state that they lack knowledge or information sufficient to form a belief about the truth of an allegation; has the affect of a denial
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Rule 8(b)(6): Effect of Failing to Deny
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-An allegation is admitted if a responsive pleading is required and the allegation is not denied.
-If a responsice pleading is not required, an allegation is considered denied or avoided. |
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Rule 8(c)(1): Affirmative Defenses
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In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense.
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Rule 8(c)(2): Mistaken Designations
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If a party mistakenly designates a defense or a counterclaim as the other -> the court must if justice requires treat the pleading as though it were correctly designated
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Rule 10(a): Form of Pleadings- Caption, Names of Parties
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-Must have a caption with the court's name, a title, a file number, and a Rule 7(a) designation (kind of allowed pleading); must name all the parties; the title of other pleadings
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Rule 10(b): Form of Pleadings- Paragraph; Seperate Statements
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-A party must state its claims or defenses in numbered paragraphs
-Each defense other than a denial must be stated in a separate count or defense |
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Rule 11(a):
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-Must be signed by at least one attorney of record in the attorney's name or by a party personally if the party is unrepresented; with the signer's address, email address, and telephone number
-Court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention |
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Rule 11(b)(1)
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1) is not being presented for any improper purpose (to harass, cause unnecessary delay, or needlessly increase the cost of litigation)
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Rule 11(b)(2)
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2) claims etc are warranted by existing law or a nonfrivolous arguement for extending, modifiying, or reversing
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Rule 11(b)(3)
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3) the factual contentions have evidentiary support, or ifspecifically so identified, will likely have evidentary support after a reasonable opportunity for further investigation or discovery
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Rule 11(b)(4)
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4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or lack of information
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Rule 11(c)(1)
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1) If after notice and a reasonable oppurtunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation
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Rule 11(c)(2)
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2)A motion for sanctions:
-must be made separately from any other motion -must describe the specific conduct that allegedly violates Rule 11(b) -can only be filed if the pleading has not been corrected within 21days of it being filed -the court may award to the prevailing party, attorney fees for the motion |
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Rule 11(c)(4)
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Nature of a sanction: must be limited to what suffices to deter repitition of the conduct or comparable conduct by others similarly situated
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Rule 11(c)(6)
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Requirements for an order:
-must describe the sanctioned conduct -explain the basis for the sanction |
