Federal Rules Of Civil Procedure

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FRCP - RULE #1

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Mission Statement
"Rules shall be construed and administered to secure the just, speedy, and inexpensive determination of every action."

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FRCP - RULE #2

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Unifies law and equity in the Federal courts by specifying that there shall be one form of action, the "civil action."

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FRCP - RULE #3

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

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FRCP - RULE #4

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procedure for issuance of a summons, when the complaint is filed, and for the service of the summons and complaint on the defendants

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FRCP - RULE #5

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requires that all papers in an action be served on all parties and be filed with the court.

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FRCP - RULE #6

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deals with technical issues, which concern the computation of time, and authorizes the courts to extend certain deadlines in appropriate circumstances.

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FRCP - RULE #7

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The plaintiff's original pleading is called a complaint. The defendant's original pleading is called an answer.
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FRCP - RULE #8

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Rule 8 provides general rules for pleading,
Rule 8(a) P's Reqs for a claim: a "short and plain statement" of jurisdiction, a "short and plain statement" of the claim, and a demand for judgment. It also allows relief in the alternative, so the plaintiff does not have to pre-guess the remedy most likely to be accepted by the court.
Rule 8(b) states that the defendant's answer must admit or deny every element of the plaintiff's claim.
Rule 8(c) requires that the defendant's answer must state any affirmative defenses.
Rule 8(d) maintains that each allegation be "simple, concise, and direct" but allows "2 or more statements of a claim or defense alternatively or hypothetically." If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient. A party may state inconsistent (even mutually exclusive) claims or defenses.

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FRCP - RULE # 9

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FRCP - RULE #10

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describes what information should be in the caption (the front page) of a pleading

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FRCP - RULE #11

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Rule 11 requires all papers to be signed by the attorney (if party is represented).

Also provides for sanctions against the attorney or client for harassment, frivolous arguments, or a lack of factual investigation.

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FRCP - RULE #12

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Rule 12 deals with defenses and objections made by responsive pleadings and pretrial motions.

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FRCP - RULE #12(a)

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Rule 12(a) provides for the time to serve responsive pleadings are served. The generally they must be served 21 days after service of the pleading they respond to (Rule 12(a)(1)(A)(i), 12(a)(1)(B), 12(a)(1)(C)). If a timely waiver is served 60 days after the request for a waiver is sent or 90 days if the defendant is outside the country (Rule 12(a)(1)(A)(ii)). The United States, its agencies, and its officers and employees sued in their official capacity or for based on act or omissions occurring in connection with duties preformed on behalf of the United States have 60 days after service(Rule 12(a)(2), 12(a)(3)). If motion is made under rule 12 and motion is denied or postponed until trial 14 days after after notice of the court action (Rule 12(a)(4)(A)). If the court grants a motion for a more definite statement 14 days after the statement is made(Rule 12(a)(4)(B))

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FRCP - RULE #12(b)

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Rule 12(b) describes pretrial motions that can be filed.
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

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FRCP - RULE #12(b)(6)

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Failure to state a claim upon which relief can be granted

Basis for a 12(b)(6) Motion to Dismiss - may be filed at any time until the trial ends

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FRCP - RULE #12(g) and (h)

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state that if 12(b)(2)-12(b)(5) motions are not properly bundled together or included in an answer/allowable amendment to an answer, they are waived.

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FRCP - RULE #13

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Rule 13 JOINDER REQUIREMENTS - describes when a defendant is allowed or required to assert claims against other parties to the suit (joinder).

The law encourages people to resolve all their differences as efficiently as possible; consequently, in many jurisdictions, counterclaims that arise out of the same transaction or occurrence (compulsory counterclaims) must be brought during the original suit, or they will be barred from future litigation (preclusion).

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FRCP - RULE #14

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Rule 14 allows parties to bring in other third parties to a lawsuit

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FRCP - RULE #15

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Rule 15 allows pleadings to be amended or supplemented.

Plaintiffs may amend once before an answer is filed, a defendant can amend once within 21 days of serving an answer, and if there is no right to amend, seek leave of court ("leave shall be given when justice so requires.")

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FRCP - RULE #17

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Rule 17 states that all actions must be prosecuted in the name of the REAL PARTY IN INTEREST, that is, the plaintiff must be person or entity whose rights are at issue in the case.

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FRCP - RULE #18

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Rule 18 - Joinder of Claims and Remedies

States that a plaintiff who may plead in a single civil action as many claims as the plaintiff has against a defendant, even if the claims are not related, and may request any remedy to which the law entitles the plaintiff.

Of course, each claim must have its own basis for jurisdiction in the court in which it is brought or be subject to dismissal.

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FRCP - RULE #19

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Rule 19 - Compulsory Joinder of Parties
(NECESSARY and INDISPENSABLE PARTIES)

If a person who is not a party to the suit is "NECESSARY" to just adjudication the action, under the criteria set forth in subsection (a), then upon motion of any party that person shall be made a party, served with suit, and required to participate in the action. If the person cannot be made a party for any reason, such as lack of jurisdiction, inability to be located, etc., then the court uses the criteria in subsection (b) to determine if the absent party is "INDISPENSABLE". If so, the action must be dismissed.

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FRCP - RULE #20

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Rule 20 Permissive Joinder of Parties.

Permissive joinder of plaintiffs allows the plaintiffs having an option to join their claims when they were not joint. (Ryder v. Jefferson Hotel Co.)

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FRCP - RULE #22

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Rule 22 INTERPLEADER

Interpleader provides a remedy for any person who is, or may be exposed to double or multiple liabilities.

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FRCP - RULE #23

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Rule 23 governs the procedure for CLASS ACTION litigation

In a class action, a single plaintiff or small group of plaintiffs seeks to proceed on behalf of an entire class who allegedly have been harmed by the same conduct by the same defendants. Court approval is required for this procedure to be used. Rule 23.1 governs derivative suits in which a plaintiff seeks to assert a right belonging to a corporation (or similar entity) in which the plaintiff is a shareholder, on behalf of the corporation that is not pursuing the claim itself. Rule 23.2 governs actions by or against unincorporated associations.

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FRCP - TITLE V

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Title V covers the rules of DISCOVERY

Discovery is the process whereby civil litigants seek to obtain information both from other parties and from non parties (or third parties). Parties have a series of tools with which they can obtain information

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FRCP - RULE #30

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Rule 30 covers DEPOSITIONS

A party can require at most 10 individuals or representatives of organizations to make themselves available for questioning for a maximum of one day of 7 hours, without obtaining leave of court,

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FRCP - RULE #33

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Rule 33 covers INTERROGATORIES

A party can require other parties to answer 25 questions

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FRCP - RULE #34

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Rule 34 covers REQUESTS FOR ADMISSIONS

A party can require other parties to admit or deny the truth of certain statements

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FRCP - RULE #36

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Rule 36 covers DOCUMENTS REQUESTS
Requests for Production (RFP)

A party can seek documents and other real objects from parties and non parties

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FRCP - RULE #26(a)(1)(A)

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Includes information about potential witnesses, information/copies about all documents that may be used in the party's claim (excluding impeachment material), computations of damages, and insurance information. Information about any expert witness testimony is also required.

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FRCP - RULE #26

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Rule 26 provides general guidelines to the DISCOVERY PROCESS, it requires the plaintiff to initiate a conference between the parties to plan the discovery process.[2] The parties must confer as soon as practicable after the complaint was served to the defendants — 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). The parties should attempt to agree on the proposed discovery plan, and submit it to the court within 14 days after the conference.[2] The Discovery Plan must state the parties' proposals on subject of the discovery, limitations on discovery, case management schedule and timing deadlines for each stage of the discovery process, including

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DEADLINES FOR EACH STAGE OF THE DISCOVERY PROCESS (Rule 26)

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End-date of the discovery. This should be at least 60 days before the trial. The trial target date is usually 6 months to 2 years after the conference.
Amendments to the deadlines for filing pleadings under Rule 7 & 15, if any.
Deadline for amending pleadings. Normally it is at least 30 days before the discovery ends.
Deadline for joining claims, remedies and parties (Rule 18 & 19). Normally it is at least 30 days before the discovery ends.
Deadline for initial expert disclosures and rebuttal expert disclosures. Normally it is at least 30 days before the discovery ends.
Deadline for dispositive motions. Usually it is at least 30 days after the discovery end-date.
Deadline for Pre-trial order. If any dispositive motions are filed, the Joint Pretrial Order can be filed at least 30 days after the last decision on the merits.

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FRCP - RULE #34

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Rule 34 covers REQUESTS FOR ADMISSIONS (RFA)