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17 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Rule 1: Scope and Purpose |
Governs all Civ actions in U.S. district courts except as stated in Rule 81. |
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Rule 81(a) for applicability and removed actions. FRCP don’t apply to… |
Prize proceedings Bankruptcy Citizenship Special writs Proceedings involving subpoena Other proceedings (arbitration, reviewing orders from Sec of Ag, Sec of Interior, denying clearance, railway-labor dispute rewards, enforcing order of National Labor Relations |
6 of them, kind of |
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Rule 81(c) |
(c)(2) These rules apply to civil actions removed from state to federal court. D not answering before removal just answer or present defenses/objections within 21 days of receiving or being served, or 7 days after notice of removal filed, whichever is longest. |
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Rule 12(a) |
Unless otherwise specified, defendant answers w/in 21 days or within 60 days if waived service (or w/in 90 days if sent to D outside judicial district of US) |
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Rule 12(a)(1)(B) |
21 days after service to file a counterclaim or crossclaim |
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12(a)(C) |
Answer within 21 days. |
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Effect of a motion (rule 12(a)(4)) |
(A) if denied, 14 days for responsive pleading (b) if granted, 14 days |
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Rule 12(b) Defenses |
Lack of SMJ Lack of PJ Improper venue Insufficient process Insufficient service Failure to state a claim on which relief can be granted 12(b)(6) Failure to join party under R. 19; 12(b)(7) |
7 of them |
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When must 12(b) defenses be raised? |
Before pleading if responsive pleading is allowed. If pleading sets out claim for relief not requiring responsive pleading, any defense to the claim is fair game. No defense or objection waived by joining with 1+ other defenses or objections in responsive pleading/motion |
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Rule 12(c) Motion for judgment on the pleadings |
After pleadings are closed but early enough to not delay trial. |
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12(d) motions presenting matters outside the pleadings |
Motion is treated as a summary judgment motion under rule 56 and all parties must be given reasonable opportunity to present all material pertinent. |
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12(f) motion to strike |
For insufficient defenses of redundant, immaterial, impertinent, or scandalous matters. |
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When can a court strike pleadings? |
On its own or upon motion of either party before responding or within 21 days after service (if response not allowed) |
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Rule 12(g) joining motions |
A motion under this rule may be joined with any other motion allowed by this rule; Except under 12(h), partied that make motion under 12(g) must not make another motion under this rule raising defense or objection available to the party but omitted from earlier motion |
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Rule 12(h)(2) |
Failure to state claim, to join parties under 19(b), or to state legal defense, may be raised in any pleading allowed or ordered under 7(a), under 12(c), or at trial |
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When can the court determine it lacks SMJ? |
At any time. If so determined, the court must dismiss. |
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Rule 12(i) hearing before trial |
Any defense listed under 12(b)(1-7) and a motion under 12(c) have to be heard and decided before trial, unless the court orders a deferral before trial |
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