Frcp Civpro Ii Rules

Front 1

Rule 7

Back 1

Basic Pleadings Allowed

Front 2

Rule 8

Back 2

General Rules of Pleading

Front 3

Rule 9

Back 3

Heightened Pleading Requirements

Front 4

Rule 10

Back 4

Form of Pleadings

Front 5

Rule 11

Back 5

Signing and Veracity of Pleadings; Sanctions

Front 6

Rule 12

Back 6

Responsive Pleadings

Front 7

Rule 15

Back 7

Amended and Supplemental Pleadings

Front 8

Rule 41

Back 8

Dismissals

Front 9

Rule 55

Back 9

Default Judgments

Front 10

Rule 26

Back 10

General Discovery and Duty to Disclose; Timing; Discovery Conference; Attorneys must sign all Docs or sanctions under 37

Front 11

Rule 33

Back 11

Interrogatories

Front 12

Rule 34

Back 12

Production of Documents & Tangible Things

Front 13

Rule 35

Back 13

Medical Discovery

Front 14

Rule 36

Back 14

Requests for Admissions

Front 15

Rule 26(b)(3)

Back 15

Work Product

Front 16

Rule 26(b)(4)

Back 16

Experts

Front 17

Rule 37

Back 17

Sanctions for Discovery

Front 18

Rule 38b

Back 18

Request for Jury Trial

Front 19

Rule 56

Back 19

Summary Judgment

Front 20

Rule 50

Back 20

JMOL

Front 21

Rule 59

Back 21

New Trials

Front 22

Rule 17

Back 22

Real Party in Interest

Front 23

28 USC §1367

Back 23

Supplemental Jurisdiction

Front 24

Rule 20(a)

Back 24

Permissive Joinder

Front 25

Rule 21

Back 25

Penalty for Misjoinder

Front 26

Rule 42

Back 26

Consolidation of Cases

Front 27

Rule 13(a)

Back 27

Counterclaim

Front 28

Rule 13(f)

Back 28

Amend to add a Counterclaim

Front 29

Rule 13(b)

Back 29

Permissive Counterclaim

Front 30

Rule 13(g)

Back 30

Cross-Claims

Front 31

Rule 14

Back 31

Impleader

Front 32

Rule 22

Back 32

Interpleader

Front 33

Rule 30

Back 33

Written Depositions

Front 34

Rule 31

Back 34

Oral Depositions

Front 35

Rule 26(d)

Back 35

Order/Sequence of Discovery

Front 36

Rule 26(f)

Back 36

Discovery Conference

Front 37

6th Amendment

Back 37

Entitled to Jury Trial: Incorporated to States

Front 38

7th Amendment

Back 38

Right to Jury Trial preserved if Right Existed at Common Law: Not incorporated to States

Front 39

Rule 61

Back 39

Harmless Error=No New Trial

Front 40

Rule 12(b)(6)

Back 40

Failure to State a Claim

Front 41

Rule 12(e)

Back 41

More Definite Statement

Front 42

Rule 12(f)

Back 42

Motion to Strike

Front 43

Rule 12(c)

Back 43

Judgment on Pleadings

Front 44

Claim Preclusion Test

Back 44

Same Transaction or Occurrence Test

Front 45

3 Requirements of Claim Preclusion

Back 45

1. Brought by Same Claimant against same defendant.
2. Case #1 Ended in Valid final judgment on the merits
3. Show both cases involve same claim or cause of action

Front 46

Issue Preclusion Requirements

Back 46

1. Same Issue previously litigated
2. Essential or necessary for determination
3. Valid final judgment on the merits
4. Party to whom it is applied must have been a party or in privity with a party
5. Must have been a Fair opportunity to Litigate

Front 47

Rule 41(b)

Back 47

All judgments are on merits unless they were based on jurisdiction, venue, or indispensable parties

Front 48

Transactional Test(Majority)

Back 48

Where all causes of action that arise out of a single transaction must be joined together. Based on the proposition that when a single wrongful act causes damages, there can only be one cause of action. Property and personal damage arising from same cause of action should be brought in one claim.

Front 49

Primary Rights(Minority)

Back 49

Where the number of rights invaded should be the criteria for determining number of causes of action. Property and personal damage gives rise to two distinct causes of action.

Front 50

Compulsory Counterclaim Rule

Back 50

13(a)

Hint 50

Requires a Defendant to assert all transactionally related claims against the Plaintiff in the pending case

Front 51

Permissive Counterclaim rule

Back 51

13(b)

Front 52

Issue Preclusion Requirements

Back 52

1. Valid final judgment on merits.
2. Same issue was actually determined in Case #1
3. Issue went to Judgment in Case #1
4. Against whom is estoppel used? Only against someone a party in Case #1
5. By whom is estoppel used? Mutuality says by somebody a party to Case #1 (non-mutuality doesn't require)

Front 53

Factors in Determining if Non-Mutuality is Fair

Back 53

1. Full chance to litigate in Case #1
2. Defendant could foresee multiple litigation
Plaintiff could not be joined easily in Case #1
4. No inconsistent judgments on the record

Front 54

Rule 17(b)

Back 54

Capacity

Okla: Unincorporated right to sue
Fed: Sometimes not unincorporated

Front 55

Standing

Back 55

Must be an actual case or controversy & person must be so closely associated with that case or controversy.

Front 56

Rule 18

Back 56

Joinder, generally

Front 57

Rule 19

Back 57

Required Joinder

Front 58

Rule 24(a)(2)

Back 58

Right to Intervention

Front 59

Rule 24(b)(2)

Back 59

Permissive Intervention

Front 60

Statutory Interpleader

Back 60

28 USC § 1335, 1397, 2361

Front 61

Rule Interpleader

Back 61

Rule 22