Civil Procedure-Rules

Front 1

Rule 7: PleadingsAllowed; Form of Motions and Other Papers

Part A-PLEADINGS

Back 1

(a) PLEADINGS. Only these pleadings are allowed:

(1)A complaint;

(2)An answer to a complaint

(3)An answer to a counterclaim designated as a counterclaim

(4)An answer to a cross-claim

(5)A third-party complaint

(6)An answer to a third-party complaint; and

(7)If the court orders one, a reply to an answer

Front 2

Rule 7: PleadingsAllowed; Form of Motions and Other Papers

Part B-Motions and Other Papers

Back 2

(1)In general, a request for a court order must be made by motion. The motion must:

(A)Be in writing unless made during a hearing or trial

(B)State with particularity the grounds for seeking the order; and

(C) State the relief sought

(2)Form-The rules governing captions and other matters of form in pleadings applyto motions and other papers

Front 3

Rule 7.1 DisclosureStatement

Back 3

(a) WHO MUST FILE;CONTENTS-A nongovernmental corporate party must file two copies of a disclosurestatement that:

(1) Identifies anyparent corporation and any publicly held corporation owning 10% or more of itsstock; or

(2) States thatthere is no such corporation

(b) TIME TO FILE;SUPPLEMENTAL FILING-A party must:

(1) File thedisclosure statement with its first appearance, pleading, petition, motion,response, or other request, addressed to the court; and

(2) Promptly file asupplemental statement if any required information Changes

Front 4

Rule 8: GeneralRules of Pleading: (A) Claim for Relief

Back 4

(a) CLAIM FORRELIEF-a pleading that states a claim for relief must contain:

(1) A short a plainstatement of the grounds for the court's jurisdiction unless the court alreadyhas jurisdiction and the claim needs no new jurisdictional support;

(2) A short andplain statement of the claim showing that the pleader is entitled to relief;and

(3) A demand for therelief sought, which may include relief in the alternative, or different typesof relief

Front 5

Rule 8: General Rules of Pleading: (B) Defenses, Admissions and Denials

Back 5

(b) Defenses; Admissions and Denials.

(1) In General. In responding to a pleading, a party must:

(A) state in short and plain terms its defenses to each claim asserted against it; and

(B) admit or deny the allegations asserted against it by an opposing party.

(2) Denials—Responding to the Substance. A denial must fairly respond to the substance of the allegation.

(3) General and Specific Denials. A party that intends in good faith to deny all the allegations of a pleading—including the jurisdictional grounds—may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.

(4) Denying Part of an Allegation. A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest.

(5) Lacking Knowledge or Information. A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.

(6) Effect of Failing to Deny. An allegation—other than one relating to the amount of damages—is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.

Front 6

Rule 8: General Rules of Pleadings: (C) Affirmative Defenses

Back 6

(c) Affirmative Defenses.

(1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:

• accord and satisfaction;

• arbitration and award;

• assumption of risk;

• contributory negligence;

• duress;

• estoppel;

• failure of consideration;

• fraud;

• illegality;

• injury by fellow servant;

• laches;

• license;

• payment;

• release;

• res judicata;

• statute of frauds;

• statute of limitations; and

• waiver.

(2) Mistaken Designation. If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court must, if justice requires, treat the pleading as though it were correctly designated, and may impose terms for doing so.

(d) Pleading to Be Concise and Direct; Alternative Statements; Inconsistency.

(1) In General. Each allegation must be simple, concise, and direct. No technical form is required.(2) Alternative Statements of a Claim or Defense. A party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.

(3) Inconsistent Claims or Defenses. A party may state as many separate claims or defenses as it has, regardless of consistency.

(e) Construing Pleadings. Pleadings must be construed so as to do justice.

Front 7

Rule 10: Form of Pleadings

Back 7

(a) Caption; Names of Parties. Every pleading must have a caption with the court's name, a title, a file number, and a Rule 7(a) designation. The title of the complaint must name all the parties; the title of other pleadings, after naming the first party on each side, may refer generally to other parties.

(b) Paragraphs; Separate Statements. A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence—and each defense other than a denial—must be stated in a separate count or defense.

(c) Adoption by Reference; Exhibits. A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion. A copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes.

Front 8

Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Back 8

(a) Time to Serve a Responsive Pleading.

(1) In General. Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows:

(A) A defendant must serve an answer:

(i) within 21 days after being served with the summons and complaint; or

(ii) if it has timely waived service under Rule 4(d), within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States.

(B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim.

(C) A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time.

(2) United States and Its Agencies, Officers, or Employees Sued in an Official Capacity. The United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney.

(3) United States Officers or Employees Sued in an Individual Capacity. A United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the officer or employee or service on the United States attorney, whichever is later.

(4) Effect of a Motion. Unless the court sets a different time, serving a motion under this rule alters these periods as follows:

(A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court's action; or

(B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served.

(b) How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses 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; and(7) failure to join a party under Rule 19.A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.(c) Motion for Judgment on the Pleadings. After the pleadings are closed—but early enough not to delay trial—a party may move for judgment on the pleadings.(d) Result of Presenting Matters Outside the Pleadings. If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.(e) Motion for a More Definite Statement. A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.(f) Motion to Strike. The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:(1) on its own; or(2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading.(g) Joining Motions.(1) Right to Join. A motion under this rule may be joined with any other motion allowed by this rule.(2) Limitation on Further Motions. Except as provided in Rule 12(h)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.(h) Waiving and Preserving Certain Defenses.(1) When Some Are Waived. A party waives any defense listed in Rule 12(b)(2)–(5) by:(A) omitting it from a motion in the circumstances described in Rule 12(g)(2); or(B) failing to either:(i) make it by motion under this rule; or(ii) include it in a responsive pleading or in an amendment allowed by Rule 15(a)(1) as a matter of course.(2) When to Raise Others. Failure to state a claim upon which relief can be granted, to join a person required by Rule 19(b), or to state a legal defense to a claim may be raised:(A) in any pleading allowed or ordered under Rule 7(a);(B) by a motion under Rule 12(c); or(C) at trial.(3) Lack of Subject-Matter Jurisdiction. If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.(i) Hearing Before Trial. If a party so moves, any defense listed in Rule 12(b)(1)–(7)—whether made in a pleading or by motion—and a motion under Rule 12(c) must be heard and decided before trial unless the court orders a deferral until trial.

Front 9

Pleading

Back 9

papercontaining factual assertions that support jurisdiction and legal claims in acivil lawsuit

Front 10

Allegations

Back 10

Factual Assertions

Front 11

Complaint

Back 11

theplaintiff's first pleading, stating the grounds for federal subject matterjurisdiction, a short and plain statement of a claim, showing the plaintiff isentitled to relief, and demands for relief

Front 12

Answer

Back 12

Thedefendant's first pleading, which responds to the factual allegations of thecomplaint and asserts defenses and sometimes claims by a defendant

Front 13

Counterclaim

Back 13

claimagainst the plaintiff included in defendant's answer

Front 14

CrossClaim

Back 14

Claim against a co-defendant

Front 15

Purpose of pleading:

Back 15

Giving notice of a claim or defense; Stating facts; Narrowing issues for litigation; And helping the court throw out bogus claims and defenses without the burden of a trial