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CivPro2
Bockrath
Question | Answer |
---|---|
Claims for relief (1) short and plain statement jurisdiction (2) short and plain statement of claim (3) demand for judgment for the relief | Rule 8 A |
Defenses; admissions and denials | Rule 8 B |
Affirmative defenses | Rule 8 C |
pleading to be concise and direct; alternative statements; inconsistency | Rule 8 D |
construing pleadings. pleadings must be construed so as to do justice | Rule 8 E |
general rules of pleadings | Rule 8 |
pleading special matters | Rule 9 |
capacity | Rule 9 A |
fraud, mistake, condition of the mind | Rule 9 B |
special damage. If an item of special damage is claimed, it must be specifically stated. | Rule 9 D |
signature | Rule 11 A |
representation to the court | Rule 11 B |
sanctions | Rule 11 C |
inapplicability to discovery | Rule 11 D |
lack of SMJ | Rule 12 B 1 |
lack of PJ | Rule 12 B 2 |
improper venue | Rule 12 B 3 |
insufficiency of process | Rule 12 B 4 |
insufficiency of service of process | Rule 12 B 5 |
failure to state a claim upon which relief can be granted | Rule 12 B 6 |
failure to join a party under Rule 19 | Rule 12 B 7 |
motion for a more definite statement | Rule 12 E |
joining motions. (1) right to join. (2) limitation on further motions. | Rule 12 G |
waiver or preservation of certain defenses | Rule 12 H |
counterclaim and crossclaim | Rule 13 |
compulsory counterclaims | Rule 13 A |
permissive counterclaims | Rule 13 B |
cross-claim against co-party | Rule 13 G |
joinder of additional parties | Rule 13 H |
third party practice | Rule 14 |
when D may bring in 3rd-Party. (1) Timing of Summons and Complaint. (2) 3-P D’s Claims & Defenses. (3) P’s Claims Against a 3-P D. (4) Motion to Strike, Sever, or Try Separately. (5) 3-P D’s Claim Against a Nonparty. (6) 3-P Complaint in Rem. | Rule 14 A |
when plaintiff may bring in 3rd party | Rule 14 B |
Amendments Before Trial. (1) Amending as a Matter of Course. (2) Other Amendments. (3) Time to Respond. | Rule 15 A |
Amendments During and After Trial | Rule 15 B |
relation back to amendments | Rule 15 C |
supplemental pleadings | Rule 15 D |
joinder of claims | Rule 18 |
joinder of claims. in general. | Rule 18 A |
Joinder of Contingent Claims | Rule 18 B |
compulsory joinder | Rule 19 |
persons to be joined if feasible | Rule 19 A |
When Joinder is Not Feasible. | Rule 19 B |
Pleading reasons for nonjoinder | Rule 19 C |
permissive joinder of parties | Rule 20 |
Persons Who May Join or Be Joined. | Rule 20 A |
Protective Measures. | Rule 20 B |
interpleader | Rule 22 |
intervention | Rule 24 |
intervention of right | Rule 24 A |
permissive intervention | Rule 24 B |
Notice and Pleading Required | Rule 24 C |
dismissal of actions | Rule 41 |
voluntary dismissal (1) by plaintiff (2) By Court Order; Effect. | Rule 41 A |
involuntary dismissal; effect | Rule 41 B |
Dismissing a Counterclaim, Crossclaim, or Third-Party Claim | Rule 41 C |
entering a default | Rule 55 A |
Entering a Default Judgment. | Rule 55 B |
Setting aside a default or a default judgment. | Rule 55 C |
judgment against the US | Rule 55 E |
jurisdiction and venue unaffected | Rule 82 |
statutory interpleader | 28 USC 1335 |
supplemental jurisdiction | 28 USC 1367 |
venue | 28 USC 1391 |
a civil action wherein jurisdiction is founded only on diversity of citizenship | 1391 A |
a civil action wherein jurisdiction is NOT founded solely on diversity of citizenship | 1391 B |
for purposes of venue, when defendant is a corporation shall be deemed to reside in any judicial district in which it is subject to PJ @ time action is commenced | 1391 C |
an alien may be sued in any district | 1391 D |