Federal Rules Of Civil Procedure

Front 1

Rule 4

Back 1

Summons

Front 2

Rule 4(c)

Back 2

Service of Summons

Front 3

Rule 4(d)

Back 3

Waiving Service

Front 4

Rule 4(e)

Back 4

Serving an Individual Within a Judicial District of the US

Front 5

Rule 4(k)

Back 5

Territorial Limits of Effective Service

Front 6

Rule 4(m)

Back 6

Time Limit for Service - 120 days after filing the complaint

Front 7

Rule 8

Back 7

Pleading Rules

Front 8

Rule 8(a)

Back 8

Claim for Relief

Front 9

Rule 8(b)

Back 9

Defenses; Admissions and Denials

Front 10

Rule 8(c)

Back 10

Affirmative Defenses

Front 11

Rule 9

Back 11

Pleading Special Matters (e.g., Fraud)

Front 12

Rule 9(b)

Back 12

Pleading Fraud or Mistake - Must plead circumstances with "particularity"

Front 13

Rule 11

Back 13

Signing Pleadings and other Stuff - Lawyer has to sign everything and that verifies that it's all in good faith and such

Front 14

Rule 12

Back 14

Defenses and Objections; Motion for Judgment on the Pleadings

Front 15

Rule 12(a)

Back 15

Time to serve a responsive pleading - generally 21 days after being served, but if service is waived under Rule 4(d) within 60 days after request for waiver was sent (90 days if D outside US)

Front 16

Rule 12(b)

Back 16

Motions you can file before responding to a complaint:
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
7) failure to join a party under Rule 19

Front 17

Rule 12(c)

Back 17

Motion for judgment on the pleadings

Front 18

Rule 12(f)

Back 18

Motion to strike

Front 19

Rule 12(g)

Back 19

Joining motions - you can join any Rule 12 motions together, but in general you can't make a second Rule 12 motion when you've already made one, so join all the ones you want to make into the same motion. (Rule 12(h)(2) and (3) are exceptions)

Front 20

Rule 12(h)

Back 20

Waiving and preserving certain defenses - Rule 12(b)(2)-(5) defenses are waived by either omitting it from a motion as described in Rule 12(g) or by failing to make a Rule 12 motion at all or include it in a responsive pleading or in an amendment allowed by Rule 15(a)(1) as a matter of course.

Other defenses ((b)(1), (6), and (7)) can be raised in any pleading, by a motion under 12(c) for judgment on the pleadings, or at trial.

Front 21

Rule 13

Back 21

Counterclaims and Crossclaims

Front 22

Rule 13(a)

Back 22

Compulsory counterclaims - pleading must state any counterclaim that the pleader has against an opposing party if the claim:
(A) arises out of the transaction/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.

Exceptions are if when the action was commenced, the claim was the subject of another pending action; or if opposing party is suing by attachment and pleader doesn't assert any counterclaim under this rule.

Front 23

Rule 13(b)

Back 23

Permissive counterclaims - if it ain't compulsory, you can plead it if you want. [Subject, of course, to whether the court has subject matter jurisdiction over the claim--this does not purport to be a grant of jurisdiction]

Front 24

Rule 13(g)

Back 24

Crossclaims - A pleading can assert a crossclaim 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.

Front 25

Rule 14

Back 25

Third-party practice (Impleaders)

Front 26

Rule 14(a)(1)

Back 26

When a D may bring in a third party: Timing - D may serve summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. This can be done as a matter of course within 14 days after serving its original answer; after that, it must obtain the court's leave by motion.

Front 27

Rule 14(a)(2)

Back 27

TPD's claims and defenses:
a TPD must assert any Rule 12 defense against TPP's claim;
must assert any counterclaim against TPP;
may assert any defenses against the P's claim;
and may assert against P any claim arising out of the transaction/occurrence that is the subject matter of the P's claim against the TPP.

Front 28

Rule 14(a)(5)

Back 28

TPD can do a Rule 14 chain move against a new TPD who may be liable to original TPD (now a TPP) for all or part of any claim against it... and so it continues, worlds without end

Front 29

Rule 15

Back 29

Amending Pleadings

Front 30

Rules 15(a)

Back 30

Amendments before trial:
(1) Amendments to pleadings can be done as a matter of course within 21 days after serving it, or if the pleading is one to which a responsive pleading is required, 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.

(2) Other amendments - can be made with written consent of opposing party or by court's leave; court should freely give leave when justice so requires

(3) Time to Respond - Unless court orders otherwise, within the time left to respond to the original pleading or within 14 days of service of amended pleading, whichever is later.

Front 31

Rule 15(b)

Back 31

Amendments during and after trial - if you object to evidence not relevant to the pleadings, the court will allow the other party to amend the pleadings when doing so will aid in presenting the merits and it wouldn't prejudice your action/defense.

If you don't object, though, it will be treated as if the issue was included in the pleadings (the issue is "tried by consent") and the other party can freely amend the pleadings to conform to the evidence and raise an unpleaded issue. You lose.

Front 32

Rule 15(c)

Back 32

Relation back of amendments - happens when:
1) the law providing applicable statute of limitations allows it to relate back; or
2) the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out in the original pleading; or
3) the amendment changes the party against whom a claim is asserted, the previous criterion is met, and if, within the period provided by Rule 4(m) for serving the summons and complaint, the party to be brought in both
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 33

Rule 18

Back 33

Joinder of claims - A party asserting a claim, counterclaim, crossclaim, or third-party claim may join as many claims as it has against an opposing party [again, as long as there is subject matter jurisdiction over each one]

Front 34

Rule 19

Back 34

Required Joinder of Parties

Front 35

Rule 19(a)

Back 35

Persons Required to be Joined if Feasible (necessary parties): You're necessary if you are subject to service of process and your joinder will not deprive the court of subject matter jurisdiction. Then you must be joined if:
A) in your absence, the court cannot accord complete relief among the existing parties; or
B) you claim an interest relating to the subject of the action and are so situated that disposing of the action in your absence may: i) as a practical matter impair or impede your ability to protect that interest; or ii) leave an existing party subject to a substantial risk of incurring multiple or otherwise inconsistent obligations because of the interest.

Front 36

Rule 19(b)

Back 36

When Joinder of Required Party is not Feasible: Court has to weigh factors to determine if the action should proceed or be dismissed. These factors include:
1) extent to which a judgment rendered in the person's absence might prejudice that person or the existing parties;
2) extent to which any prejudice could be lessened or avoided by a) protective provisions in the judgment, b) shaping the relief, or c) other measures;
3) whether a judgment rendered in the person's absence would be adequate, and
4) whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder.

Front 37

Rule 20

Back 37

Permissive Joinder of Parties - pretty liberal

Front 38

Rule 23

Back 38

Class Actions

Front 39

Rule 23(a)

Back 39

Class Action prerequisites:

1) Numerosity - too many members of the class, joinder impracticable

2) Commonality - there are questions of law or fact common to the class

3) Typicality - claims or defenses of representative parties are typical of those of the class; and

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

Front 40

Rule 23(b)

Back 40

Types of Class Actions:
1) Prosecuting actions separately would create a risk of inconsistent adjudications creating incompatible conduct for opposing party (protecting defendant), or of impairing/impeding other class members to protect their interest (limited fund?)

2) party opposing class has acted on grounds that apply generally to the whole class so that final injunctive/declaratory relief is appropriate respecting the class as a whole

3) Any other kind of reason class action is best option. Weigh factors.

Front 41

Rule 24

Back 41

Intervention - Let a party jump into a lawsuit. A necessary party has to be allowed in, others may be allowed in if they have a relevant claim.

Front 42

Rule 26

Back 42

Disclosure/Discovery

Front 43

Rule 35

Back 43

Physical and Mental Examinations

Front 44

Rule 36

Back 44

Requests for Admission

Front 45

Rule 37

Back 45

Failure to make Disclosures or to Cooperate in Discovery; Sanctions