Civ Pro - Frcp 4-60

Front 1

summons

Back 1

4

Front 2

serving and filing pleadings and other papers

Back 2

5

Front 3

time

Back 3

6

Front 4

pleadings allowed, form of motions,

Back 4

7

Front 5

general rules of pleading

Back 5

8

Front 6

claims for relief:
short and plain statement of jxn
short and plain of relief
damages sought

Back 6

8a

Front 7

Defenses/Denials: short and plain, admit or deny, specify parts denied, total denial subj to 11

Back 7

8b

Front 8

affirm defenses, illegit defenses may become counterclaim

Back 8

8c

Front 9

fail to deny = admittance

Back 9

8d

Front 10

pleading in the alt

Back 10

8e2

Front 11

heightened pleading for fraud

Back 11

9b

Front 12

ethics for pleading

Back 12

11

Front 13

defenses and objections

Back 13

12

Front 14

present answer within 20 days, 60 if waiver

Back 14

12a

Front 15

claims not req'd in responsive pleading

Back 15

12b

Front 16

motion for more definite statement

Back 16

12e

Front 17

motion to strike insuff defenses or scandalous stuff

Back 17

12f

Front 18

defenses not brought in motion or answer are waived, except failure to state claim, lack of Rule 19 party

Back 18

12g + h2

Front 19

12b2-5 waived if not brought initailly, 12b6-7 can be brought through any time til end of trial, 12b1 at any time (no SMJ)

Back 19

12h

Front 20

compulsory counterclaims

Back 20

13a

Front 21

permissive c claims

Back 21

13b

Front 22

counterclaim maturing

Back 22

13e

Front 23

omitted counter claim

Back 23

13f

Front 24

cross claim

Back 24

13g

Front 25

joinder allowed

Back 25

13h

Front 26

seperate trials and jdgmnts allowed under 42b and 54b

Back 26

13i

Front 27

impleader

Back 27

14

Front 28

amendments: once w/i 20 days if no RP, or with leave

Back 28

15a

Front 29

relation back: part of sol law, if part of original x-action, or if by mistake and there was notice

Back 29

15c

Front 30

supplemental pleadings

Back 30

15d

Front 31

joinder of claims

Back 31

18a

Front 32

compulsory joinder

Back 32

19

Front 33

permissive joinder - for same xaction or occurrance, with any common quest of law or fact

Back 33

20

Front 34

misjoinder - not grounds for dismissal

Back 34

21

Front 35

interpleader

Back 35

22

Front 36

intervention of right

Back 36

24a

Front 37

permissive intervention

Back 37

24b

Front 38

req'd disclosures, methods to get addl materials

Back 38

26a

Front 39

discovery scope and limits

Back 39

26b

Front 40

protective orders

Back 40

26c

Front 41

timing and sequence - nothing done til after 26f, unless leave

Back 41

26d

Front 42

supplementation of disc

Back 42

26e

Front 43

conference and planning of parties

Back 43

26f

Front 44

rule 11 of discovery

Back 44

26g

Front 45

persons before whom depos are taken - must be someone who can admin oaths and take testimony

Back 45

28a

Front 46

disqualification for relatives present

Back 46

28c

Front 47

discovery stipulations

Back 47

29

Front 48

need leave for more than 1o depos or to re-depo someone

Back 48

30a2

Front 49

written notice to be received by deponents, with method of depo

Back 49

30b

Front 50

non arg, no more than 7hrs in one day

Back 50

30d

Front 51

use of depos in court

Back 51

32

Front 52

interogs limited to 25, served to an agent of corp

Back 52

33a

Front 53

biz record interog can be answered by making docs available

Back 53

33d

Front 54

production of docs and things should be granted, as well as access to land

Back 54

34a

Front 55

production req procedure: written req gets a written reply re time, place, manner of docs

Back 55

34b

Front 56

req for admission of things disco'd under 26b1

Back 56

36a

Front 57

motions for compelled disco, or for more complete repsonse

Back 57

37a

Front 58

if compelled, party takes legal cost of motions

Back 58

37a4

Front 59

sanctions for failure to comply w compel

Back 59

37b

Front 60

jury trial preserved by right

Back 60

38a

Front 61

jury trial demanded by serving a demand to other parties, and filing re 5d

Back 61

38b

Front 62

can specify which claims jury is wanted for

Back 62

38c

Front 63

jury not requested is jury waived

Back 63

38d

Front 64

jury req will go to jury unless ct determiens no right to jury, or unless stip'd by parties

Back 64

39a

Front 65

court may order a jury trial

Back 65

39b

Front 66

p can dismiss w/o order of ct if before SJ motion or RP; otherwise will be stip'd by parties, 1st dismissal w/o prejudice, 2nd is with

Back 66

41a

Front 67

otherwise, dismissal only by ct order, and if c-claims can be adjudicated seperately

Back 67

41a2

Front 68

invol dismissal, except for jxns, venue, and 19, will be on merits

Back 68

41b

Front 69

dismissal of case applies to all c-claims, etc

Back 69

41c

Front 70

if dismissed case is re-brought, costs may be assigned for first case

Back 70

41d

Front 71

cases can be consol'd if under comm quest of law or fact

Back 71

42a

Front 72

claims can be separated for any reason

Back 72

42b

Front 73

subpoena form and issuance, for non parties re: trial, depos, or production

Back 73

45a

Front 74

subpoena service: over 18, with fees for mileage, (less than 100 miles, or anywhere in state)

Back 74

45b

Front 75

protection of persons - sub-p's can be modified or quashed for hardship or priv

Back 75

45c

Front 76

duties of respondent to sub-p: comply or be in contempt

Back 76

45d

Front 77

jury selection - parties limited to three preempt challenges

Back 77

47

Front 78

jury of b/w 6 and 12, unless stip'd, 6 needed for valid jdgmnt, must be unanimous

Back 78

48

Front 79

jmol

Back 79

50a

Front 80

renewed jmol/ alt motion for new trial

Back 80

50b

Front 81

judgment can be made on any claims decided before the end of trial

Back 81

54b

Front 82

costs allowed

Back 82

54d

Front 83

default - allows for clerk to enter for P when D does not answer

Back 83

55

Front 84

sj for claimant - can move 20 days after service, or after their SJ motion

Back 84

56a

Front 85

defending party can serve sj at any time

Back 85

56b

Front 86

SJ must be served at least 10 days before trial, granted if no gen issue as to material fact AND that the moving party is entitled to judgment as a matter of law

Back 86

56c

Front 87

at SJ motion hearing, court determines the facts

Back 87

56d

Front 88

party adverse to SJ can't just deny; must set forth specific facts showing a genuine issue for trial

Back 88

56e

Front 89

for new trial, move within 10 days, can be granted on court's initiative

Back 89

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