Civil Procedure - Rules

Front 1

FRCP 4

Back 1

Summons

Hint 1

(1) pursuant to the law of the state in which district court located
(2) service - reasonably calculated to reach the D. delivering summons and complaint to individual or by leaving copies at individual's house w/a person of suitable age or delivering to authorized agent

Front 2

FRCP 4(e)

Back 2

Territorial Limits of Effective Service

Hint 2

Service of summons is effective to establish jurisdiction.

Front 3

FRCP 4(k)

Back 3

federal jurisdiction is the entire United States.

Hint 3

In questions of jurisdiction the court will defer to the power of the state to assert general jurisdiction.

Front 4

FRCP 4(m)

Back 4

Time Limit for Service

Hint 4

w/120 days of filing complaint.

Front 5

FRCP 7

Back 5

Pleadings allowed; Forms of Motions

Hint 5

There shall be a complain and an answer; reply to a counterclaim

Front 6

FRCP 8

Back 6

General Rules of Pleading

Hint 6

a)claims for relief, b) defenses forms of denials, c) affimative defensesd) affect of failure to deny - admitted if not denied,(e) pleading to be concise and direct,(f) construction of pleading

Front 7

FRCP 9(b)

Back 7

Pleadings special matters

Hint 7

Fraud and mistake - stated w/particularity

Front 8

FRCP 12(b)

Back 8

how claims or defenses are presented

Hint 8

any claim or defense shall be asserted in the pleading unless made by motion: 1) lack of subject matter jurisdiction, 2) lack of personal jurisdiction, 3) improper venue, 4) insufficient service, 5) insufficient process, 6) failure to state a claim, 7) failure to joinder indispensible party RULE 19.

Front 9

FRCP 12(c)

Back 9

motion for judgment on the pleadings

Hint 9

Judgment after claim and answer

Front 10

FRCP 12(e)

Back 10

motion for more definitive statement

Hint 10

Vvague or ambiguous pleading, may be ordered adjusted.

Front 11

FRCP 12(f)

Back 11

Motion to strike

Hint 11

insufficient defense or any redundant, immaterial, impertinent, or scandalous matter may be removed from the record

Front 12

FRCP 12 (g)

Back 12

Consolidation of defenses

Hint 12

Defenses joined together

Front 13

FRCP 12(h)

Back 13

waiver or preservation of defenses

Hint 13

Motion for lack of personal jurisdiction, imporper venue, insufficiency of process or service of process is waived if ommitted from consolidated defenses or not made by motion or included in the responsive pleadings.

Front 14

FRCP 13(a)

Back 14

compulsory counter claims

Hint 14

arises out of transaction or occurrence that is subject matter of the of opposing party's claim and does not require third party's the court can't get jurisdiction over

Front 15

FRCP 13(b)

Back 15

permissive counter claim

Hint 15

any claim against an opposing party no arising out of transactoin or occurrence that is the subject matter of the opposing party's claim

Front 16

FRCP 13(g)

Back 16

Cross claim against a co-party

Hint 16

any claim by one party against a co-party arising out of transaction or occurrence that is either the subject matter of the original action or of a counterclaim relating to the property that is the subject matter of the original action.

Front 17

FRCP 14(a)

Back 17

When D may Implead a Third Party

Hint 17

A defending party may serve a third party who is or may be liable to the third-party plaintiff for all or part of the plaintiff's claim against third party plaintiff.

Front 18

FRCP 15

Back 18

Amended and Supplemental Pleadings.

Hint 18

a) amendments b)amenments to conform to the evidence c) relation back, d) supplemental pleadings

Front 19

FRCP 23(a)

Back 19

Prequesites of class action

Hint 19

1)numerosity, 2)commonality, 3) typicallity, 4) adequacy of representation.

Front 20

FRCP 23(b)

Back 20

Class actions maintainable

Hint 20

(b)(1)risk of inconsistent adjudications or dispositive of other parties, (b)(2)seeks injunctive or declaratory relief, (b)(3) questions of law or fact predominate and class action is superior means of adjudicating the controversy.

Front 21

FRCP 26(b)

Back 21

Discovery Scope and Limits

Hint 21

regarding any matter not privileged that is relevent to claim or defense...

Front 22

FRCP 26(c)

Back 22

Discovery: Protective Orders

Hint 22

any order which justic requires to protect a party from annoyance, embarrassment, oppression, or undue burden.

Front 23

FRCP 18

Back 23

Joinder of claims and remedies

Front 24

FRCP 19(a)

Back 24

Joinder of parties if feasible

Front 25

FRCP 19(b)

Back 25

Whether party to be joined is necessary party

Front 26

FRCP 20

Back 26

Permissive Joinder (arise out of same transaction or occurrence)

Front 27

FRCP 24(a)

Back 27

Intervention of right

Front 28

FRCP 24(b)

Back 28

Permissive Intervention