Fed. Civ. Pro. R. I

Front 1

Intro

Rule 1

Back 1

These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.

Front 2

The Complaint

Rule 2

One Form of Action

Back 2

There is one form of action — the civil action.

Front 3

The Complaint

Rule 3

Commencing an Action

Back 3

A civil action is commenced by filing a complaint with the court.

Front 4

The Complaint: General & Specificity

Rule 7(a)

Pleadings Allowed; Form of Motions and Other Papers

Back 4

(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 crossclaim;

(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.
(b) Motions and Other Papers

(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 apply to motions and other papers.

Front 5

The Complaint: General & Specificity

Rule 8(a)

General Rules of Pleading:Claims for Relief.

Back 5

A pleading that states a claim for relief must contain:

(1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;

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

(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

Front 6

The Complaint: General & Specificity

Rule 10

Form of Pleadings

Back 6

(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 7

The Complaint: General & Specificity

Rule 12(b)

How to Present Defenses.

Back 7

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.

Front 8

The Complaint: General & Specificity

Rule 12(e)

Motion For a More Definite Statement.

Back 8

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.

Front 9

The Complaint: General & Specificity

Rule 12(f)

Motion To Strike.

Back 9

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.

Front 10

The Complaint: Consistency

Rule 8(d)

Pleading to Be Concise and Direct; Alternative Statements; Inconsistency.

Back 10

(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.

Front 11

The Complaint: Honesty in Pleading

Rule 11(a)

Signing Pleadings, Motions, and Other Papers

Back 11

Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name — or by a party personally if the party is unrepresented.

Front 12

The Complaint: Honesty in Pleading

Rule 11(b)

Representations to the Court

Back 12

By presenting to the court a pleading, written motion, or other paper... an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

Front 13

The Complaint: Honesty in Pleading

Rule 11(c)

Sanctions

Back 13

(1) In General.

If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation.

(2) Motion for Sanctions.

A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion.

(3) On the Court's

Front 14

The Complaint: Sufficiency of the Claim

Rule 9(b)

Fraud or Mistake; Condition of Mind

Back 14

In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally.

Front 15

Def. Response: Pre-Answer Motions & Default

Rule 12(a)

Time to Serve a Responsive Pleading

Back 15

(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.

Front 16

Def. Response: Pre-Answer Motions & Default

Rule 12(b)

How to Present Defenses

Back 16

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.

Front 17

Def. Response: Pre-Answer Motions & Default

Rule 12(g)

Joining Motions

Back 17

(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.

Front 18

Def. Response: Pre-Answer Motions & Default

Rule 12(h)

Waiving & Preserving Certain Defenses

Back 18

(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.

Front 19

Def. Response: Pre-Answer Motions & Default

Rule 55(a)

Entering a Default

Back 19

When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.

Front 20

Def. Response: Pre-Answer Motions & Default

Rule 55(b)

Entering a Default Judgment

Back 20

(1) By the Clerk.

If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk — on the plaintiff's request, with an affidavit showing the amount due — must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.

(2) By the Court.

In all other cases, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals — preserving any federal statutory right to a jury trial — when, to enter or effectuate judgment, it needs to:

(

Front 21

Def. Response: Pre-Answer Motions & Default

Rule 55(c)

Setting Aside a Default or a Default Judgment

Back 21

The court may set aside an entry of default for good cause, and it may set aside a default judgment under Rule 60(b).

Front 22

Def. Response: Pre-Answer Motions & Default

Rule 60(b)

Grounds for Relief from a Final Judgment

Back 22

On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6) any other reason that justifies relief.

Front 23

Def. Response: Pre-Answer Motions & Default

Rule 60(c)

Timing & Effect on Motion

Back 23

(1) Timing.

A motion under Rule 60(b) must be made within a reasonable time — and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.

(2) Effect on Finality.

The motion does not affect the judgment's finality or suspend its operation.

Front 24

Def. Response: Answer, Counter, Cross

Rule 8(b)

In General

Back 24

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.

Front 25

Def. Response: Answer, Counter, Cross

Rule 8(c)

Affirmative Defenses

Back 25

(1) In General.

In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:

Front 26

Def. Response: Answer, Counter, Cross

Rule 8(d)

Pleading to Be Concise and Direct; Alternative Statements; Inconsistency

Back 26

(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.

Front 27

Def. Response: Answer, Counter, Cross

Rule 12(c)

Motion for Judgment on the Pleadings

Back 27

After pleadings are closed, but early enough not to delay trial; essentially a 12(b)(6) motion, but after pleadings are closed

Front 28

Def. Response: Answer, Counter, Cross

Rule 13(a)

Compulsory Counterclaim

Back 28

(1) In General.

A pleading must state as a counterclaim any claim that — at the time of its service — the pleader has against an opposing party if the claim:

(A) arises out of the transaction or occurrence that is the subject matter of the opposing party's claim; and

(B) does not require adding another party over whom the court cannot acquire jurisdiction.

* must makes it compulsory
* use it or lose it
* arise out of same transaction or occurrence (ASTO)

Front 29

Def. Response: Answer, Counter, Cross

Rule 13(b)

Permissive Counterclaim

Back 29

A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.

* not ASTO
* must have jurisdiction

Front 30

Subject Matter Jurisdiction

Back 30

- Diversity (Art. III, Sect. 2)
- Federal Question
- Supplemental Jursidiction (28 Sect. 1367 i)original juris. ii) "so related to orig. juris. such that same case on controversy under Art. III"

Front 31

Def. Response: Answer, Counter, Cross

Rule 13(g)

Crossclaim Against a Co-Party

Back 31

A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The crossclaim may include a claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.

Front 32

Def. Response: Answer, Counter, Cross

Rule 13(h)

Joining Additional Parties

Back 32

Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim.

Front 33

Def. Response: Amendments

Rule 15(a)

Amendments Before Trial

Back 33

(1) Amending as a Matter of Course.

A party may amend its pleading once as a matter of course within:

(A) 21 days after serving it, or

(B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.

(2) Other Amendments.

In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.


* could be Complaint, Counter, or Cross

Front 34

Def. Response: Amendments

Rule 15(c)

Relation Back of Amendments

Back 34

(1) When an Amendment Relates Back.

An amendment to a pleading relates back to the date of the original pleading when:

(A) the law that provides the applicable statute of limitations allows relation back;

(B) the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out — or attempted to be set out — in the original pleading; or

(C) the amendment changes the party or the naming of the party against whom a claim is asserted, if Rule 15(c)(1)(B) is satisfied and if, within the period provided by Rule 4(m) for serving the summons and complaint, the party to be brought in by amendment:

(i) received such notice of the action that it will not be prejudiced in defending on the merits; and

(ii) knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party's identity.

Front 35

Joinder of Claims

Rule 18(a)

In General

Back 35

A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party. (related or unrelated); aggregation of claim amts. okay to meet $75k threshold, if against one def.

Front 36

Joinder of Claims

Rule 42(b)

Separate Trials

Back 36

For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or thirdparty claims. When ordering a separate trial, the court must preserve any federal right to a jury trial.

Front 37

Permissive Joinder of Parties

Rule 20

Person Who May Join or Be Joined

Back 37

(1) Plaintiffs.

Persons may join in one action as plaintiffs if:

(A) arising out of the same transaction, occurrence, or series of transactions or occurrences; and

(B) common question of law or fact

(2) Defendants.

Persons — as well as a vessel, cargo, or other property subject to admiralty process in rem — may be joined in one action as defendants if:

(A) arising out of the same transaction, occurrence, or series of transactions or occurrences; and

(B) commone question of law or fact
* Def. cannot bring other def. to be sued
* look for efficiencies- is it a convenient trial package & are there prejudice concerns

Front 38

Permissive Joinder of Parties

Rule 21

Misjoinder and Non-Joinder of Parties

Back 38

Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.

Front 39

3rd Party Joinder

Rule 14(a)

When a Defending Party May Bring in a Third Party

Back 39

(1) Timing of the Summons and Complaint.

A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff must, by motion, obtain the court's leave if it files the third-party complaint more than 14 days after serving its original answer.

(2) Third-Party Defendant's Claims and Defenses.

The person served with the summons and third-party complaint — the “third-party defendant”:

(A) must assert any defense against the thirdparty plaintiff's claim under Rule 12;

(B) must assert any counterclaim against the third-party plaintiff under Rule 13(a), and may assert any counterclaim against the third-party plaintiff under Rule 13(b) or any crossclaim against another third-party defendant under Rule 13(g);

(C) may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff's claim; and

(D) may also assert against the plaintiff any claim arising o

Front 40

3rd Party Joinder

Rule 14(b)

When Plaintiff May Bring in 3rd Party

Back 40

When a claim is asserted against a plaintiff, the plaintiff may bring in a third party if this rule would allow a defendant to do so.

Front 41

Class Actions

Rule 23(a)

Pre-requisites

Back 41

One or more members of a class may sue or be sued as representative parties on behalf of all members only if:

(1) the class is so numerous that joinder of all members is impracticable,

(2) there are questions of law or fact common to the class,

(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and

(4) the representative parties will fairly and adequately protect the interests of the class.

Front 42

Class Actions

Rule 23(b)

Types of Class Actions

Back 42

A class action may be maintained if Rule 23(a) is satisfied and if:

(1) prosecuting separate actions by or against individual class members would create a risk of:

(A) incompatible standards (protects def.); or

(B) non-parties interest impaired;

(2) the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole; or

(3) the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. The matters pertinent to these findings include:

(A) individual interest;

(B) individual suits started;

(C) the desirability of forum; and

(D) hard to manage

Front 43

Class Actions

Rule 23(c)

Back 43

???

Front 44

Class Actions

Rule 23(e)

Back 44

???

Front 45

Discovery: General Principles

Rule 26(a)(1)

Initial Disclosures

Back 45

(A) In General: a party MUST, without awaiting a discovery request, provide to the other parties:

(i) ID/Subject- that the disclosing party MAY use to support claim or defense

(ii) Docs/Description

(iii) Computation

(iv) insurance agreement

Front 46

Discovery: General Principles

Rule 26(a)(2)

Expert Testimony

Back 46

A party MUST disclose:

(A) Identity of any witness that MAY be used to present evidence.

(B) Specially retained employee or expert (paid for testimony); a written report MUST be provided at least 90 days before trial

Front 47

Discovery: General Principles

Rule 26(a)(3)

Pre-trial Disclosures

Back 47

(A) In General. In addition to the disclosures required by Rule 26(a)(1) and (2), a party must provide to the other parties and promptly file the following information about the evidence that it may present at trial:
*At least 30 days before trial

(i) the name each witness expected to present and those it may call;

(ii) the designation of those witnesses whose testimony the party expects to present by deposition

iii) an identification of each document expected to offer

Front 48

Discovery: Pre-trial conferences

Rule 16(b)

Scheduling Order

Back 48

Within 3-4 months of service or appearance a judge must issue scheduling order as soon as practical or within 3-4 months.

Front 49

Discovery: Pre-trial Conferences

Rule 26(f)

Conference of the Parties

Back 49

[P]arties must confer as soon as practicable- and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).

Front 50

Discovery Devices

Rule 26(b)(1)

Scope & Limits

Back 50

Scope of discovery is: parties may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense.

For good cause, the court may order discovery for any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at trial if discovery appears reasonably calculated to lead to the discovery of admissible evidence. All discovery is subject to the limitations imposed by Rule 26(b)(2)(C)

Front 51

Discovery Devices

Rule 26(b)(2)(C)

Limitations on Frequency & Extent

Back 51

When required. On motion or on its own, the court MUST limit the frequency or extent of discovery otherwise allowed by these rules or by local rule if it determines that:

i. discovery sought is unreasonably cumulative or duplicative

ii. the party seeking discovery has had ample opportunity to obtain the information by discovery in the action; or

iii. the burden or expense of the proposed discovery outweighs its likely benefit.

Front 52

Discovery Devices

Rule 26(c)

Protective Orders

Back 52

A party or any person from whom discovery is sought may move for a protective order...

the motion must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action. The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression or undue burden or expense, including one or more of the following:
(A) forbidding the disclosure or discovery;
(B) specifying terms, including time and place, for the discl. or discoery;
(C) prescribing a discovery method other than the one selected by the party seeking discovery;
(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters.

Front 53

Discovery Devices

Rule 26(d)

Timing & Sequence of Discovery

Back 53

(1) A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f)...

Front 54

Exemptions from Discovery

Rule 26(b)(3)(A)

Trial Prep: Privileged Materials

Back 54

(A) No production when:
- documents or tangible things
- prepared in anticipation of trial or litigation
- by or for another party
- by or for party's representative

Discoverable if:
(A)
i. within 26(b)(1): and
ii. substantial need and cannot get without hardship

Front 55

Exemptions from Discovery

Rule 26(b)(3)(B)

Trial Prep: Privileged Materials

Back 55

Court must protect:

mental impressions, conclusions, opinions, or legal theories of party's atty. or other reps. concerning litigation (atty work rule); could get redacted version of a memo.

This is a protection, not a privilege. Protections can be overcome, privileges cannot

Front 56

Exemptions from Discover

Rule 26(b)(4)

Trial Preparation: Experts

Back 56

(A) May depose any person who has been identified as an expert who MAY present at trial

(B) expert or specially retained employee in anticipation of litigation & NOT expected to be called (basically what some experts know may be off-limits)

* unless special circumstances or 35(b) Rule

Front 57

Enforcing Discovery: Sanctions

Rule 26(g)

Sanctions: NOT Rule 11 though

Back 57

Essentially when you respond to discovery, but do so poorly.

26(g)(3) Sanctions for Improper Certification

If a certification violates this rule without substantial justification, the court, on motion or on its own, MUST impose an appropriate sanction on the signer, the party on whose behalf the signer was acting, or both. The sanction may include an order to pay the reasonable expenses, including atty's fees caused by the violation.

Front 58

Discovery Rules

Back 58

Rule 30- Depositions (oral)
Rule 31- Depositions (written)
Rule 33- Interrogatories
Rule 34- Request for Production
Rule 35- Physical Exam
Rule 36- Request for Admission

Front 59

Enforcing Discovery: Sanctions

Rule 37

Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

Back 59

(a) Motion to Compel: the motion must include a certification that the movant has conferred or attempted to confer with person/party failing to make disclosure or discovery

If Failure to comply with a Court Order

37(b)(2)(A) fails to obey order of discovery (i-vii)

OR

37(b)(2)(C) Failure to Disclose:
- reasonable atty fees
- (i-vi) under 37(b)(2)(A)

OR

37(d) Failure to Respond to Discovery;
- Confer or attempt to confer
(3) Sanctions
- reasonable atty fees

Front 60

After Discovery, Before Trial

Rule 56

Summary Judgment

Back 60

(a) a party claiming relief may move for SJ for all or part of claim

(b) defending party against whom relief is sought) may move for SJ on all or part of claim

(c)(1)Timing

(A) a party may move for SJ any time until 30 days after close of discovery

(B) a party opposing the motion must file response within 21 days after motion served

(C) movant may file within 14 days after response is served

56(c)(2) Standard
Must show there is no genuine issue of material fact.

If Plaintiff is Movant:
Must provide that there is no genuine issue as to any material fact; no reasonable person could find, but for plaintiff (must prove their case)
* Def. obliged to respond

If Defendant is Movant:
Must show that Plaintiff cannot prove its case
1) must disprove an element
or
2)must show plaintiff has no evidence.

Front 61

Trial: Judgment as Matter of Law

Rule 50

In Jury Trial

Back 61

(a)(1) a party has been heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue.
- Def. after (P) case or after Def. case
- (P) only after Def. case

(b) Renewing JAML motion after trial
- may use if court doesn't grant motion; must do so in 28 days
- must have filed initially as 50(b) is a renewal
- not a violation of 7th amend. (second part) as its a renewal motion, not a new motion
- must have grounds for it 11(b)(2) standard

Front 62

Trial: New Trial

Rule 59

Back 62

(a) In General
(1) a court may, on motion, grant a new trial on all or some of the issues, and to any party.

(b) Time to File Motion for New Trial: no later than 28 days after entry of judgment

(c) Time to Serve Affidavits: when a motion for new trial is based on affidavits, they must be filed with the motion. Opposing party has 14 days after being served to file opposing affidavits.

(d) New Trial on Cts. Initiative:
No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting on on a party's motion.

(e) Motion to Alter or Amend a Judgment:
a motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.