Civil Pro 1 - Frcp

Front 1

Rule 8

Back 1

General Rules of Pleading

Front 2

Rule 8(a)

Back 2

Claims for Relief

Front 3

Rule 8(a)(1)

Back 3

Short and plain statement of grounds for jurisdiction

Front 4

Rule 8(a)(2)

Back 4

Short and Plain statement of claim showing pleader is entitled to relief

Front 5

Rule 8(a)(3)

Back 5

demand for judgment

Front 6

Rule 8(b)

Back 6

Defenses and denials

Answer must admit, deny, or state they are w/o knowledge for each allegation.

Front 7

Rule 8(c)

Back 7

Affirmative defenses.

Front 8

Rule 8(d)

Back 8

Effect of failure to deny

When response is required, failure to deny is admittance. Otherwise failure to deny is denial.

Front 9

Rule 8(e)(1)

Back 9

All averments shall be simple, concise, and direct.

Front 10

Rule 8(e)(2)

Back 10

Pleading in the Alternative

Alternative, inconsistent, and hypothetical claims are allowed.

Front 11

Rule 9(b)

Back 11

Fraud or mistake must be pleaded with particularity. Other conditions of the mind may be averred generally.

Front 12

Rule 9(g)

Back 12

Items of special damage shall be specifically stated.

Front 13

Rule 10

Back 13

Form of Pleadings

Front 14

Rule 11(a)

Back 14

Every pleading, motion, or other paper must be signed by an attorney (or the pro se litigant).

Front 15

Rule 11(b)

Back 15

Representations made by attorney to court

Front 16

Rule 11(b)(1)

Back 16

Signed document is not presented for an improper purpose, such as harassment, delay, or needless increase of cost of litigation

Front 17

Rule 11(b)(2)

Back 17

Claims, defenses, and other legal contentions in a signed document are warranted by existing law or nonfrivolous arguments for extension of law

Front 18

Rule 11(b)(3)

Back 18

Allegations have evidentiary support or are likely to after discovery

Front 19

Rule 11(b)(4)

Back 19

Denials are warranted on evidence or are reasonably based on a lack of information or belief

Front 20

Rule 13(a)

Back 20

Compulsory Counterclaims

A counterclaim must be made when it exists at the time of service and arises out of the transaction or occurrence that is the subject of the claim. There are some exceptions.

Front 21

Rule 13(a)(1)

Back 21

An otherwise compulsory claim need not be stated if at the time the action was commenced the claim was subject of another pending action

Front 22

Rule 13(a)(2)

Back 22

An otherwise compulsory claim need not be stated if suit was brought by attachment or other process by which the court did not acquire jurisdiction to render personal judgment

Front 23

Rule 13(b)

Back 23

Permissive counterclaims

A pleading may state as a counterclaim any claim against an opposing party not arising out of the subject matter of the original claim

Front 24

Rule 30

Back 24

Oral Depositions

Front 25

Rule 31

Back 25

Written Depositions

(worst of all worlds)

Front 26

Rule 32

Back 26

Uses of Depositions

Impeachment
Agents of the Party
Unavailability (death, illness, distance, etc)

Front 27

Rule 33

Back 27

Interrogatories

Front 28

Rule 34

Back 28

Production of Documents

Front 29

Rule 35

Back 29

Physical and Mental Exams

Front 30

Rule 36

36(a)(3) - admitted unless properly denied

36(b) - can withdraw or amend

Back 30

Requests for Admission

Front 31

Rule 37

Back 31

Motions to Compel

Front 32

Rule 45(c)(2)

Back 32

Subpoenas word word

Front 33

Rule 27(a)

Back 33

Depositions Before Suit to Perpetuate Evidence

Front 34

Discovery Mechanisms useable on non-parties

Back 34

Oral Depositions
Written Depositions
Subpoenas D T

Front 35

Rule 26(a)

Back 35

Required Disclosures

New Mexico doesn't have disclosures but is considering adding them.

Front 36

Rule 26(b)

Back 36

Scope and Limits of Discovery

scope: relevant to claims or defenses

limits: not privileged, not prepared in anticipation of litigation

Front 37

Criticisms of Modern Discovery

Back 37

1. fishing expeditions
2. Harassment
3. Revealing trade secrets or personal information
4. Freeloading
5. expense
6. administrative burdens

Front 38

Rule 12(b)(1)

Back 38

Lack of Subject Matter Jurisdiction

Front 39

Rule 12(b)(2)

Back 39

Lack of Personal Jurisdiction

Front 40

Rule 12(b)(3)

Back 40

Improper Venue

Front 41

Rule 12(b)(4)

Back 41

Insufficient Process

(how is this different from 12(b)(5)? )

Front 42

Rule 12(b)(5)

Back 42

Insufficient 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(e)

Back 46

Motion for a more definite statement

Front 47

Rule 12(f)

Back 47

Motion to Strike

Front 48

Rule 12(g)

Back 48

You only get one pre-answer motion. You can put all Rule 12 defenses in it.

Exception: you can make additional motions for defenses that weren't available to you previously

Front 49

Rule 37(e)

Back 49

No penalty for failure to provide electronic information if it was lost as a result of a good faith operation of an electronic information system

Front 50

4 types of experts

Back 50

1. "chatted up"
2. retained, not testifying
3. retained, testifying
4. experts who are direct witnesses

Front 51

Rule 26(b)(2)(B)

Back 51

Party need not produce ESI if it is not reasonably accessible due to undue burden or cost.

Front 52

Rule 15(a)

Back 52

Pre-trial Amendments

Before answer, 1 allowed as a matter of course. Otherwise, w/ opposing party's consent or leave of the court.

Front 53

Rule 15(b)

Back 53

Amendments During and After Trial

Amendments to conform with the evidence should be granted freely

Front 54

Rule 55(a)

Back 54

When a party fails to plead or otherwise defend, the clerk must enter the party's default

Front 55

Rule 54(c)

Back 55

Relief to be granted

A default judgment may not differ in kind or amount from what is demanded. All other judgments should be for relief to which party is entitled, regardless of what was requested.

Front 56

Rule 60(b)

Back 56

Grounds for relief from final judgment

mistake, excusable neglect
new evidence
fraud

Front 57

Difference between NM Rule 11 and Federal Rule

Back 57

NM: Empty head and pure heart

Feds: reasonable inquiry

Front 58

Rule 11(c)(2)

Back 58

Motion for Sanctions, Safe Harbor

Must be filed separately from any other motion, must not be filed until 21 days after service and only if challenged issue is not corrected