Civ Pro

Front 1

Rule 4

Back 1

Summons/Service

served w/complaint

Front 2

Rule 4(k)

Back 2

territorial limits of service

Front 3

Rule 8

Back 3

Pleadings

Front 4

Discovery

Back 4

Rules 26-37

Front 5

Rule 12

Back 5

Defenses and Objections to Pleadings

must file all these motions together & with or before answer (exception subject matter)

Front 6

Rule 12(b)(2) & Rule 12(b)(5)

Back 6

lack of personal jurisdiction

Front 7

Rule 12(b)(3)

Back 7

lack of subject matter jurisdiction

--can raise at anytime

Front 8

Rule 12(b)(6)

Back 8

failure to state a claim

Assume true, draw all reason inferences. Has a case been made?

Front 9

Rule 56

Back 9

Summary Judgment

happens at the end of discovery

Standard: no genuine issue of material fact (ie no facts disputed, just need to rule on law)

Front 10

Rule 50(a)

Back 10

judgment as a matter of law

made before going to the jury

Standard: no reasonable jury could find one way or the other (highest standard)

Front 11

Rule 50(b)

Back 11

renewed motion for judgment as a matter of law

made post verdict

Front 12

Rule 59

Back 12

motion for a new trial

Front 13

Remitter

Back 13

tell plaintiff that if don’t agree to a lower settlement, will send back for new trial

Front 14

Rule 13

Back 14

counter-claim and cross-claim

Front 15

Rule 52(a)

Back 15

bench trial findings by the court

Front 16

28 U.S.C. §1331

Back 16

arising under jurisdiction

Front 17

28 U.S.C. §1332

Back 17

diversity jurisdiction

(must be maximum)

Front 18

28 U.S.C. §1441

Back 18

Removal (actions which may be)

Front 19

28 USC §1291

Back 19

can only appeal from final judgments

Front 20

28 U.S.C. §1446

Back 20

procedural for removal

Front 21

28 U.S.C. §1257

Back 21

final judgments of state courts may be reviewed by Supreme Court by cert petition

Front 22

Article III

Back 22

Section 2: judicial power

jurisdiction of federal courts

Front 23

Rule 12(g)

Back 23

Consolidation of Defenses in Motion

"if party makes a motion under this rule but omits therefrom any defense or objection then available to the party which this rule permits to be raised by motion, the party shall NOT thereafter make a motion based on the defense or objection so omitted, except a motion as provided in subsection (h)(2) hereof on any of the grounds stated"

Front 24

Rule 12(h)

Back 24

waiver or preservation of certain defenses

Front 25

Rule 11

Back 25

All pleadings must be signed, doing so "is certifying that to the best of a person's knowledge, information, and beleif, formed after an inquiry reasonable under the circumstances" these 4 things are true (specifies).

sanctions may be imposed if this is violated

Front 26

Rule 45

Back 26

Subpoena (form of, service of etc)

Front 27

Rule 39

Back 27

Trial by Jury or Court

Front 28

Rule 38

Back 28

Right to Jury Trial, as under 7th Amendment

(either party may demand)

Front 29

7th Amendment

Back 29

"In suits at common law, where the value in controversy shall exceed 20 dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otehrwise reexamined in any Court of the United States, than according to the rules of the common law"

Front 30

Rule 47

Back 30

Selection of Jurors

Front 31

Rule 48

Back 31

Number of Jurors

(6-12; unless stipulate unanimous)

Front 32

Rule 49

Back 32

Special Verdicts and Interrogatories
a) special verdict form (answer written questions)
b)general verdict w/answers to interogatories. explains what to do if those are consistant or not

Front 33

Rule 51

Back 33

Jury Instructions

Front 34

28 U.S.C. § 1292

Back 34

Interlocatory appeals -- few examples of when can have