Civil Procedure

Front 1

Rule 1

Back 1

Scope of the Rules
-govern procedure in all civil proceedings
-just, speedy, inexpensive

Front 2

Rule 8

Back 2

General Rules of Pleading
(a) Claims of Relief
(b) Defenses, Admissions and Denials
(c) Affirmative Defenses
(d) Pleading to be Concise and Direct, Alternative Statements; Inconsistency
(e) Construing Pleadings

Front 3

Rule 4(m)

Back 3

Time Limit for Service
-court must dismiss an actoin if the defendant is not served within 120 days of when the complaint was filed. If plaintiff has a good reason, court must extend time period.

Front 4

Rule 11(a)

Back 4

Every pleading, motion or paper must be signed by at least one attorney.

Front 5

Rule 11(b)

Back 5

Representations to the Court:
-by presenting to the court, and attorney certifies that to the best of their knowledge, etc:
(1) it is not for improper purpose
(2) claims are warranted by existing law or nonfrivolous argument for extending law
(3) factual contentions have evidentiary support
(4) denials of factual contentions are warranted in evidence

Front 6

Rule 11(c)

Back 6

Sanctions
(1) If Rule 11(b) has been violated, court can impose sanctions on attorney, law firm or party
(2) Motion for sanctions - Safe Harbor Provision: has to have had 21 day warning
(3) On Court's Initiative
(4) Nature of a sanction: limited to deter...
(5) Limitations on Monetary Sanctions
(6) Requirements of an Order

Front 7

Rule 11(d)

Back 7

Rule 11 does not apply to Discovery

Front 8

Rule 12(b)

Back 8

How to Present Defenses:
-defense must be presented in responsive pleading if required, but may assert the following by motion:
(1) lack of subject matter jurisdiction
(2) lack of personal jurisdiction
(3) improper venue
(4) insufficient process
(5) insufficient service of process
(6) failure to state a claim upon which relief can be granted
(7) failure to join a party under Rule 19

Front 9

Rule 12(e)

Back 9

A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but cannot be prepared

Front 10

Rule 12(f)

Back 10

Court may strike from the pleading any insufficient defense or redundant or immaterial matter. The court may act:
(1) on its own
(2) on motion made by a party either before responding to the pleading, or if a response is not allowed, within 21 days.

Front 11

Rule 14

Back 11

(a) Defendant may bring in third party
(b) When a claim is asserted against Plaintiff, they may bring in third party

Front 12

Rule 55

Back 12

(a) When a party has failed to plead or defend, the party is in default.
(c) Court may set aside a default judgment for a good cause.

Front 13

Rule 15(a)

Back 13

Amendments Before Trial
(1) may amend within 21 days of serving it, if pleading requires response
(2) party may amend with opposing party's consent or court leave [when justice so requires]
(3) response within 14 days

Front 14

Rule 15(c)

Back 14

Relation Back of Amendments
(1) relates back when:
(A) statute of limitations allows
(B) amendment asserts a claim arising out of original transaction
(C) amendment changes the party against whom a claim is asserted [must serve within 120 days]

Front 15

Rule 12

Back 15

Defenses and Objectsion
(c) motion for judgment on the pleadings
(g) may join motions under this rule
(h) defenses (b)(2-5) waived by omitting or filing to make motion or include in responsive pleading

Front 16

Rule 56

Back 16

Summary Judgment
(a) a claiming party can move with or without supporting affidavits for summary judgment
(b) a defending party can move
(c) a party may move at any time until 30 days after close of discovery
(e) affidavits must set out specific facts

Front 17

Rule 16

Back 17

Pretrial Conferences
(a)establish control, discourage wasteful pretrial activities, encourage quality through more preparation, facilitating settlement
(b) scheduling
(c) simplify the issues, amend the pleadings, avoid unnecessary proof

Front 18

Rule 26(f)

Back 18

Conference Timing, Conference Content, Party Responsibilities, Discovery Plan, Expedited Schedule

Front 19

Rule 68

Back 19

Offers for Judgment

Front 20

Rule 50(a)1B

Back 20

motion for directed verdict

Front 21

Rule 50(b)2

Back 21

new trial

Front 22

Rule 50(b)1

Back 22

judgment nov

Front 23

USC 1738

Back 23

judgments made in state courts must be given the same preclusive effect in federal courts and vice-versa

Front 24

USC 1963

Back 24

judgments made in federal court must be given same preclusive effect in other federal courts

Front 25

Rule 18

Back 25

Joinder of Claims
(a) a party may join as many claims as it has against an opposing party
(b)a party may join contingent claims

Front 26

Rule 20

Back 26

Permissive Joinder of Parties
(a) parties may join [p or d] if (A) they assert any right to relief arising out of the same transaction; (B) a common question of law or fact will arise

Front 27

Rule 21

Back 27

Misjoinder of parties is not a ground for dismissing an action. The court may drop a party or sever a claim against a party at its own discretion.

Front 28

Rule 42(a)

Back 28

If actions before the court involve a common question of law or fact, the court may consolidate the actions

Front 29

Rule 19

Back 29

Required Joinder of Parties
(a)Persons are required to be joined if feasible if (A)in their absence the court cannot accord complete relief, (B) person claims an interest that will not be protected or leave a party subject to multiple liability
(b) when joinder is not feasible the court must decide whether the action should proceed

Front 30

Rule 24

Back 30

Intervention
(a) of right; (1) by federal statute, (2) interest in the transaction unless existing parties adequately represent
(b) Permissive Intervention
(1) federal statute (2) government officer/agency, (3) court must consider whether intervention will unduly delay or prejudice original adjudication

Front 31

13

Back 31

Counterclaim and Crossclaim
(a) Compulsory crossclaim if arising out of the same transaction
(b) Permissive: any claim against opposing party
(g) Crossclaim against Coparty if claim arises out of transaction.

Front 32

22

Back 32

Interpleader
(a) P or D if exposed to multiple liability may join opposing parties against them and require them to interplead.

Front 33

23(a)

Back 33

Class action Prerequisites
(1) class so numerous that joinder is impracticable
(2) questions of law or fact common to the class
(3) claims or defenses of representatives typical of the class
(4 representative parties will adequately protect class interests

Front 34

23(b)

Back 34

Types of Class actions
(1) prosecuting separate actions by/against individual class members would be against interests of the party
(2) party opposing the class acted on grounds that apply generally to the class
(3) common questions of law or fact that predominate over questions affecting individual members

Front 35

23(c)

Back 35

Define the Class
Best Notice Practicable

Front 36

23(d)

Back 36

Court issues orders to protect class members

Front 37

23(g)

Back 37

Class Counsel
-must fairly and adequately represent class interests

Front 38

23(e)

Back 38

Settlement must occur only with court's approval