Rules

Front 1

3

Back 1

Civil action commenced by filing complaint with court

Front 2

8

Back 2

General Rules of Pleading:

(a) Claim must request relief

(b) Defense must Admit, Deny, or "I don't know"

Front 3

12b6

Back 3

(b) D may assert (6) failure to state claim for which relief can be granted.

Front 4

23a

Back 4

(1) numerosity

(2) commonality (issues of law or fact)

(3) typical claims/defenses to class

(4) party fairly/adequatly protect class interests

Front 5

23b

Back 5

Cannot be class if: ruling would result in inconsistencies, impair other parties from protecting their interests, there is a better way, the class would be too large.

Front 6

26a1a

Back 6

Must provide opponent applicable (i) names, addresses, numbers (ii) documents (iii) damages calculations (iv) applicable insurance agreements

Front 7

26b1

Back 7

scope of discovery includes any reasonable avenues

Front 8

26b2

Back 8

Courts can limit discovery if: duplicative, party had ample opportunity before, burden/benifit (especially in e-discovery)

Front 9

26b5b

Back 9

"claw back" - must act quickly if accidentally submitted privileged info

Front 10

30,31,32

Back 10

30 & 31 Can depose most anyone by subpoena

32 Depositions = binding testimony

Front 11

33

Back 11

you get 25 interrogatories

Front 12

34

Back 12

May inspect/sample, places/things politely

Front 13

36

Back 13

may request admittance. (So we agree, it was raining on the night in question?)

Front 14

37

Back 14

discovery sanctions

Front 15

38

Back 15

The 7th grants you 14 days after last pleading on any issue to request a jury trial

Front 16

41

Back 16

P can dismiss claim before D answers or if D signs request

Front 17

47

Back 17

Jury selection, 3 strikes each side, also 28 USC 1870 says this.

Front 18

50

Back 18

Judge may ignore clearly erronious jury findings

Front 19

52a

Back 19

Findings of fact must be considered and mentioned separately from findings of law in courts ruling (for against motions). Again, can only ignore clearly erroneous findings.

Front 20

54b

Back 20

Can only appeal (interlocutory) if your entire claim is final, so interlocutories only apply to multiple claim/party actions. liberty mutual.

Front 21

56

Back 21

Summary judgment, party may motion for sum judge on an issue where there is no genuine dispute of material fact and they are entitled to a judgment of law (b) within 30 days after discovery ends.

Front 22

60b

Back 22

The court can correct any mistakes up until an appeal is docketed. An appeal may claim a lower court made a mistake, new evidence that could not have been discovered during last trial, or fraud by the opponent.

Front 23

7th Amd

Back 23

Right to jury trial amendment. Rule 38 covers this. Not incorporated, so applies to federal courts only. Also see the outcome determinate test.

Front 24

28 usc 1870

Back 24

3 jury strikes, rule 47 stipulates this.