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civ pro positive law
| Term | Definition |
|---|---|
| Rule 20(a)(2) | permissive joinder of parties, persons who may join or be joined |
| Rule 21 | misjoinder and nonjoinder of parties |
| Rule 18(a) | joinder of claims in general |
| Rule 13(a) | compulsory counterclaims, in general |
| Rule 13(b) | permissive counterclaims |
| Rule 13(g) | crossclaim against a coparty |
| Rule 14(a)(1) | third-party practice, when a defendant may bring in a third party, timing of the summons and complaint (impleader) |
| 28 USC 1391(b) | venue in general |
| 28 USC 1391(c) | residency |
| 28 USC 1391(d) | residency of corporations in states with multiple districts |
| 28 USC 1404(a) | transfer of venue |
| 28 USC 1406(a) | improper venue transfer |
| 28 USC 1331 | federal question jurisdiction |
| 28 USC 1332 | diversity jurisdiction |
| 28 USC 1332(c)(1) | citizenship of a corporation |
| 28 USC 1367 | supplemental jurisdiction |
| 28 USC 1441(a) | removal, generally |
| 28 USC 1441(b) | removal based on diversity |
| 28 USC 1446 | procedure for removal |
| 28 USC 1447 | procedure after removal |
| Rule 23 | class actions |
| Rule 23(b)(1) | class actions, types of class actions |
| Rule 23(b)(2) | class actions, injunctive or declaratory relief |
| Rule 23(b)(3) | class actions, common issues predominate |
| Rule 23(c)(1) | class actions, certification order |
| Rule 23(c)(2) | class actions, notification and opt out |
| Restatement § 145 | choice of law, generally |
| Restatement § 146 | choice of law for personal injuries |
| Rule 7(a) | types of pleadings |
| Rule 10(a) | form of pleadings, captions, names of parties |
| Rule 10(b) | form of pleadings, paragraphs, separate statements |
| Rule 4(a) | summons, contents, amendments |
| Rule 4(e)(2) | serving an individual within a judicial district of the united states |
| Rule 8 | notice pleading (a short and plain statement) |
| Rule 9(b) | heightened pleading standards (for claims of fraud or mistake): pleading special matters, fraud or mistake, conditions of mind |
| Rule 12 | defenses and objections |
| Rule 12 (b) | types of motions (how to present defenses |
| Rule 9(g) | special damages |
| Rule 8(a) | claim for relief |
| Rule 11 | signing pleadings, motions, and other papers |
| Rule 11(b) | signing representations to the court |
| Rule 15 | amended and supplemental pleadings |
| Rule 15(a) | amendments before trial |
| Rule 15(b) | amendments during and after trial |
| Rule 15(c) | relation back of amendments |
| Rule 15(d) | supplemental pleadings |
| Rule 41(a) | voluntary dismissal |
| Rule 41(b) | involuntary dismissal |
| Rule 12(c) | motion for judgment on the pleadings |
| Rule 12(g) | joining motions |
| Rule 12(h) | waiving and preserving certain defenses (when some are raised, when to raise others, and lack of SMJ) |
| Rule 12(b)(6) | failure to state a claim |
| Rule 12(e) | motion for a more definite answer |
| Rule 12(f) | motion to strike |
| Rule 8(b) | general rules of pleading, defenses; admissions and denials |
| Rule 8(b)(6) | general rules of pleadings, defenses; admissions and denials, effect of failing to deny |
| Rule 8(d) | pleading to be concise and direct; alternatice statements; inconsistency |
| Rule 8(c) | affirmative defenses |
| Rule 55 | default; default judgment |
| Rule 55(a) | entering a default |
| Rule 55(c) | setting aside a default or a default judgment |
| Rule 26 | disclosure, general discovery rules |
| Rule 26(a) | required disclosures |
| Rule 26(a)(2) | disclosure of expert testimony |
| Rule 26(a)(3) | pretrial disclosures |
| Rule 26(b)(1) | discovery scope and limits, scope in general |
| Rule 26(b)(2) | discovery scope and limits, limitationson frequency and extent |
| Rule 26(b)(5) | discovery scope and limits, claiming privilege or protecting trial preparation materials |
| Rule 56 | summary judgment |
| Rule 56(c) | summary judgment, procedure |
| Rule 56(d) | summary judgment, when facts are unavailable to the nonmovant |
| Rule 56(e) | summary judgment, failure to properly support or address a fact |
| Rule 50 | jsugment as a matterof law |
Created by:
nitsakehoe