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32 Cards in this Set
- Front
- Back
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R3 |
commence a civil action by filing complaint |
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R4 |
summons |
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R4(a) |
summons must: name of ct & pties; be directed to ∆; state name & address of π or π's atty; state time when ∆ must appear; notify ∆ of conseqs of failure to appear; sign by clerk; court's seal |
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R4(c) |
Service: summons + copy of C; π resp for having summons & C served; by anyone 18+ (not pty); s.o appt'd by ct |
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R4(d) |
waive service (rare); acknowledge C & notice |
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R4(e) |
who to serve: follow ST law if in ct of gen J; OR deliver to ∆ or leave copy @ ∆'s dwelling/usual place of abode w s.o of suitable age & discretion who resides there or deliver to agent. |
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R7 |
pleadings, et al. |
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R7(a) |
pleadings: C; A to C; A to ctr claim; A to crossclaim; 3d-pty C; A to 3d-pty C; reply to A (if ct orders one) |
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R8 |
gen rules of pleadings |
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R8(a) |
rules for claims: short & plain stmt of grounds for ct's J (unless no need); short & plain stmt of entitlement to relief; demand for relief sought |
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R8(b) |
rules for defenses: short & plain stmt of defense to each claim; admit or deny each allegation |
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R8(c) |
affirmative defenses |
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R9 |
pleading special matters |
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R10 |
Form of pleadings |
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RULE 11! |
signing pleadings, Ms, oth pprs, reps to ct; sanctions (ø apply to disc; disc has own R11) |
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R11(a) |
all docs submitted to ct must have: π's/π's atty's name; address, email, phone |
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R11(b) |
by submitting to ct, atty certifies "no improper purpose; warranted by existing law/nonfrivolous reason to create new law; evidentiary support or will prob get it thru disc;denials of factual contentions = warranted |
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R11(c) |
sanctions |
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R12 (my fave!) |
defenses and objections; M for judgment on pleadings; etc. |
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R12(a) |
- must serve responsive pleading w/in 21 days of service OR 60 after req for waiver was sent OR w/in 90 days if ∆ outside US - A to ctrclaim/crossclaim w.in 21 d - reply to A w.in 21 d (unless otherwise directed by ct) |
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R12(a)(4) |
- if ct denies M/postpones disposition until trial, 14 d to respond - if ct grants M for more definite stmt, reply w.in 14 d after definite stmt = served |
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R12(b) |
defenses: lack of SM J; lack of PJ; improper venue; insufficient process; insufficient svc of process; fail to st claim upon which relief can be granted; fail to join pty under R19 |
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R12(c) |
M for jdgmt on pleadings |
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R12(e) |
M for more definite stmt (if if pleading is so vague/ambiguous that pty can't reasonably prep response) - must be made before f. responsive pleading & point out defects complained of & details desired *be specific!* |
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R12(g) |
joining Ms: can join any M w any M under this R |
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R12(h) |
waive & preserve defenses: - waive by: omit from M (R12(g)(2)) or fail to make M/include in response/amend (R15(a)(1)) - lack of SM J: ct must dismiss action whenever disc's that it lacks SM J... |
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R 13 |
counterclaim & crossclaim |
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R13(a) |
compulsory ctrlclaim > arise out of same T/O of opp pty's claim; not req add another pty when ct can't acquire J over that pty. (exceptions: no need if when action commenced that claim was subj of another pending action...etc.) |
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R13(b) |
permissive ctrclaim > any oth claim that isn't compulsory (ø need to be related to subj matter of orig claim...) |
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R14 |
impleader |
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R14(a) |
∆ can bring in 3d-pt∆ (& becomes 3d-pty π) when a 3d-pty-∆ may be liable for part or all of the claim vs ∆ by π... |
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R14(b) |
π can bring 3d pty if R14 would allow ∆ to do so |
