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Rules of CivPro
The Rules for Civil Procedure
| Term | Definition |
|---|---|
| Rule 2 | One Form of Action- the civil action |
| Rule 3 | A civil action is commenced by filing a complaint with the Court |
| Rule 4 | Summons |
| Rule 4(a) | |
| Rule 4(d) | Waiver of Service. 30 days to respond. Extends the answer time to 60 days (90 if out of the country) |
| Rule 4(m) | If defendant is not served within 120 days after the complaint is filed, the court must dismiss the action, without prejudice. |
| Rule 6(b)(2) | Times for motions- extensions- exceptions 50(b), 52(b), (d), (e), and 60(b) |
| Rule 7(a) | Pleadings- only allowed: a complaint; an answer to a complaint; an answer to a counterclaim designated as a counterclaim |
| Rule 7(b) | Motions- a request for a court order is generally made by motion |
| Rule 8(a) | Claim for relief: short, plain statement of court's jurisdiction; statement showing the pleader is entitled to relief; demand for the relief sought |
| Rule 9(b) | Pleading Fraud must state with particularity the circumstances |
| Rule 12 | defendant must serve an answer within 21 days |
| Rule 12(b) | Defenses- 7 1. lack of SMJ; 2. lack of PJ; 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. |
| Rule 12(h) | waiving and preserving defenses. A party waives 12(b)2-(5) by omitting it from initial motions |
| Rule 13(a) | Compulsory Counterclaim. A pleading must state as a counterclaim any claim that... the pleader has against an opposing party if the claim arises out of the same transaction or occurrence and does not require an additional party the court can't join. |
| Rule 18(a) | Joinder of Claims IN GENERAL. A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party. |
| Rule 18(b) | JOINDER OF CONTINGENT CLAIMS. A party may join two claims even though one of them is contingent on the disposition of the other; but the court may grant relief only in accordance with the parties’ relative substantive rights. |
| Rule 24 | Intervention |
| Rule 55 | Default; Default Judgment |
| Rule 56 | Summary Judgment |
| Rule 11 | Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions |
| Rule 14 | Third-Party Practice |
| Rule 15 | Amended and Supplemental Pleadings |
| Rule 20(a)(3) | Neither a plaintiff nor a defendant need be interested in obtaining or defending against all the relief demanded. Crt may grant judgment to one or more plaintiffs according to their rights, and against one or more defendants according to their liabilities |
| Rule 64 |
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