Civ Pro Unit 3

Front 1

Rule 1

Back 1

Purpose and Scope of rules

Front 2

Rule 2

Back 2

One form of action known as civil action

Front 3

Rule 7

Back 3

Pleadings Allowed; Form of Motions

Front 4

Rule 7(a)

Back 4

Pleadings; complaint and answer; reply to counterclaim

Front 5

Rule 7(b)

Back 5

Motions and other paoers; made in writing

Front 6

Rule 8

Back 6

General Rules of Pleading

Front 7

Rule 8(a)

Back 7

Claims for relief;
(1) jurisdiction
(2) statement of claim
(3)demand for judgment

Front 8

Rule 8(b)

Back 8

Defense; Form of Denials

Front 9

Rule 8(c)

Back 9

Affirmative Defenses

Front 10

Rule 9

Back 10

Pleading Special Matters

Front 11

Rule 9(b)

Back 11

particularity for fraud or mistake

Front 12

Rule 10

Back 12

Form of Pleadings

Front 13

Rule 10(a)

Back 13

Caption; Name of parties, title of the action, file number and a designation (complaint)

Front 14

Rule 10(b)

Back 14

Paragraphs; Separate statements

Front 15

Rule 11

Back 15

Signing of Pleading, Motions and Other papers;
(a) requires signature
(b) representation to the court; no harass
(c) sanctions; made by motion or on court's initiative

Front 16

Rule 12

Back 16

Defenses and Objections

Front 17

Rule 12(a)

Back 17

When presented; 20 days or 60 if service waived under 4(d)

Front 18

Rule 12(b)

Back 18

How presented; by repsonsive pleading

Front 19

Rule 12(b)(1)

Back 19

lack of Subject Matter Jurisdiction; Most favored, can be brought up at any time

Front 20

Rule 12(b)(2)

Back 20

Lack of JOP;least favored

Front 21

Rule 12(b)(4)

Back 21

Insufficiency of Process

Front 22

Rule 12(b)(5)

Back 22

Insufficiency of Service of process

Front 23

Rule 12(b)(6)

Back 23

Failure to state a claim upon which relief can be granted

Front 24

Rule 12(b)(7)

Back 24

Failure to join a party under Rule 19.

Front 25

Rule 12(c)

Back 25

Motion for Judgment on the Pleadings

Front 26

Rule 12(d)

Back 26

Preliminary Hearings

Front 27

Rule 12(e)

Back 27

Motion for more definite statement

Front 28

Rule 12(f)

Back 28

Motion to strike; for pleading an insufficient defense, redundant, immaterial or scandalous

Front 29

Rule 12(g)

Back 29

Consolidation of Defenses in Motion

Front 30

12(h)

Back 30

Waiver;
(1) lack of JOP, improper venue, insufficiency of process and insufficiency is waived if not in first motion

Front 31

Rule 13

Back 31

Counterclaim and Cross-Claim

Front 32

Rule 13(a)Compulsory Counterclaim

Back 32

-related to main action
-if not raised, waived
-res judicata
-cannot be part of pending litigation

Front 33

Rule 13(b)Permisive COunterclaim

Back 33

not related to main action; not recognized in MD

Front 34

Rule 13(g)

Back 34

Cross-Claim against a Co-party

Front 35

Rule 13(h)

Back 35

Joinder of additional parties

Front 36

Rule 14

Back 36

Third-Party Practice

Front 37

Rule 14(a)

Back 37

When defendant may bring in 3rd party

Front 38

Rule 14(b)

Back 38

When Plaintiff may bring in 3rd party

Front 39

Rule 15

Back 39

Amended and Supplemental Pleadings

Front 40

RUle 15(a)

Back 40

Amendments

Front 41

Rule 12(b)(4)

Back 41

Insufficiency of Process

Front 42

Rule 12(b)(5)

Back 42

Insufficiency of Service of process

Front 43

Rule 12(b)(6)

Back 43

Failure to state a claim upon which relief can be granted

Front 44

Rule 12(b)(7)

Back 44

Failure to join a party under Rule 19.

Front 45

Rule 12(c)

Back 45

Motion for Judgment on the Pleadings

Front 46

Rule 12(d)

Back 46

Preliminary Hearings

Front 47

Rule 12(e)

Back 47

Motion for more definite statement

Front 48

Rule 12(f)

Back 48

Motion to strike; for pleading an insufficient defense, redundant, immaterial or scandalous

Front 49

Rule 12(g)

Back 49

Consolidation of Defenses in Motion

Front 50

12(h)

Back 50

Waiver;
(1) lack of JOP, improper venue, insufficiency of process and insufficiency is waived if not in first motion

Front 51

Rule 13

Back 51

Counterclaim and Cross-claim

Front 52

Rule 13(a)

Back 52

Compulsory counterclaims

Front 53

Rule 13(b)

Back 53

Permissive counterclaims

Front 54

Rule 13(g)

Back 54

Cross-claim against a co-party

Front 55

Rule 14

Back 55

Third party practice
(a)when defendant can bring
(b)when plaintiff can bring

Front 56

Rule 15

Back 56

Amended and Supplemental Pleadings

Front 57

Rule 15(a)

Back 57

Amendments

Front 58

Rule 15(b)

Back 58

Conform to the evidence

Front 59

Rule 15(c)

Back 59

Relation back

Front 60

Rule 15(d)

Back 60

Supplemental Pleadings

Front 61

Rule 17

Back 61

Parties plaintiff and defendant; capacity;
(a) real party interest
(b) capacity to sue or be sued
(c)Infants or incompetents

Front 62

Rule 18

Back 62

Joinder of Claims and Remedies

Front 63

Rule 19

Back 63

Joinder of persons needed for just adjudication

Front 64

Rule 20

Back 64

Permissive Joinder of Parties
(a)permissive
(b)Separate trials

Front 65

Rule 21

Back 65

Misjoinder and Nonjoinder of parties

Front 66

Rule 22

Back 66

Interpleader

Front 67

Rule 23

Back 67

Class Action

Front 68

Rule 23(a)

Back 68

Must have;
Commonality
Adequecy
Numerosity
Typicality

Front 69

Rule 23(b)

Back 69

Class actions maintainable

Front 70

Rule 23(c)

Back 70

Certification

Front 71

Rule 23.1

Back 71

Derivative actions by shareholders

Front 72

Rule 24

Back 72

Intervention

Front 73

Rule 24(a)

Back 73

Intervention of Right

Front 74

Rule 24(b)

Back 74

Permissive Intervention

Front 75

Rule 38

Back 75

Right to jury trial

Front 76

Rule 42

Back 76

Consolidation; separate trials

Front 77

Rule 55

Back 77

Default

Front 78

Rule 56

Back 78

Summary Judgment

Front 79

Rule 57

Back 79

Declaratory Judgments
Sec. 2201

Front 80

Rule 64

Back 80

Seizure-Fuentes was writ of replevin

Front 81

Rule 65

Back 81

Injunctions
(a) Preliminary Injunction
(b)TRO (10 days)

Front 82

1920

Back 82

Costs; typically no attorney fees (1988 provides for civil rights fees)

Front 83

2202

Back 83

Provides further relief

Front 84

Rule 13(a) Compulsory Counterclaim (D v. P)

Back 84

-related to main action
-if not raised waived
-res judicata prevents from being brought again
-cannot be subject of pending litigation

Front 85

Rule 13(b) Permissive Counterclaim

Back 85

-not related to main action
-not recognized in MD