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CivPro2inorder

QuestionAnswer
7(a) Only these pleadings are allowed: (1) complaint; (2) answer to complaint; (3) Answer to a CC designated as a CC; (4) Answer to XC; (5) 3P complaint; (6) Answer to 3P complaint; (7) Reply to answer
Rule 8 General Rules of Pleading
8(a) Claims for relief must contain: (1) Short and plain statement of the grounds for the court's jurisdiction; (2) Short and plain statement of the claim showing the pleader is entitled to relief; (3) Demand for relief sought
8(b) Defenses; admissions and denials
8(b)(1) In general, in responding to a pleading, a party must: (A) state in short and plain terms its defenses to each claim; and (B) admit or deny the allegations asserted against it
8(b)(2) Denials - Responding to Substance (denials must fairly respond to substance of allegation)
8(b)(3) General and Specific Denials: A party that in good faith intends to deny all allegation (inc. jxn) may do so by general denial. Otherwise he must specifically deny designated allegations or generally deny all except those specifically admitted.
8(b)(4) Denying part of an allegation (must admit the part that is true and deny the rest)
8(b)(5) Lacking Knowledge or Information - a party that lacks knowledge or information sufficient to form a belief about the true of an allegation must so state, and the statement has the effect of a denial.
8(b)(6) Effect of Failing to Deny - An allegation (other than for damages) is admitted if responsive pleading is required and the allegation is not denied. If responsive pleading is not required, it is considered denied or avoided
8(c) Affirmative Defenses
8(c)(1) Party must affirmatively state any avoidance or affirmative defense
8(c)(2) Mistaken designation - Court must, if justice requires, treat the pleading as thought it were correctly designated, and may impose terms for doing so.
8(d) Pleading to be Concise and Direct; Alternative statements; inconsistency
8(e) Construing pleadings
Rule 9 Pleading Special Matters
9(a) Capacity or Authority to Sue; Legal Existence
9(b) Fraud or Mistake; Condition of Mind
9(c) Conditions precedent
9(g) Special damages
Rule 11 Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
11(a) Signature
11(b) Representations to the Court - certifies to the best of that person's knowledge, information, and belief, formed after an inquiry reasonable after the circumstances:
11(b)(1) Not being presented for improper purpose (such as to harass, cause unnecessary delay, or needlessly increase cost of litigation)
11(b)(2) The legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or establishing new law
11(b)(3) Factual contentions have evidentiary or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery
11(b)(4) Denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information
11(c) Sanctions
11(d) Inapplicability to Discovery
Rule 12 Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
12(a) Time to Serve a Responsive Pleading
12(a)(1)(A) Defendant must serve an answer: (i) within 12 days after being served the summons and complaint; or (ii) if it has waived service under Rule 4(d), within 60 days
12(a)(1)(B) Party must serve answer to CC or XC within 21 days after being served with the pleading that states the CC or XC
12(a)(1)(C) Party must serve a reply to an answer within 21 days after being served with an order to reply unless order specifies a different time
12(a)(4) Effect of a Motion -(A) if court denies or postpones motion, pleading must be served within 14 days after notice of action; or (B) if court grants motion for more definite statement, pleading must be served within 14 days after more definite statement
12(b) How to Present Defenses - Every defense to a claim of relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:
12(b)(1) Lack of SMJ
12(b)(2) Lack of IPJ
12(b)(3) Improper Venue
12(b)(4) Insufficient process
12(b)(5) Insufficient Service of Process
12(b)(6) Failure to state a claim upon which relief can be granted
12(b)(7) Failure to join a party under rule 19
12(b) continued Motion asserting any of these defenses must be made before responsive pleading if pleading is allowed.
12(b) continued2
12(c) Motion for Judgment on the Pleadings - After pleadings are closed but early enough not to delay trial, a party may move for judgment on pleadings
12(d) Result of Presenting Matters Outside the Pleadings - If matters outside of pleadings are presented, it's treated as Summary Judgment under 56. All parties must be given reasonable opportunity to present all material pertinent to motion.
12(e) Motion for More Definite Statement - Must be made before filing responsive pleading and other party has 14 days to obey
12(f) Motion to Strike - Court can do it on its own or by motion made by party within 21 days of getting pleading
12(g) Joining Motions - (1) Right to Join; (2) Limitation on Further Motions: Party that makes a motion under this rule must not make another motion under this rule raising defense or objection available but omitted from previous motion
12(h) Waiving and Preserving Certain Defenses
12(h)(1) When Some Are Waived - Party waives any defense in 12(b)(2-5) by: (A) omitting from motion like in 12(g)(2); or (B) Failing to either (i) make it by motion under rule 12, or (ii) include it in responsive pleading or amendment as a matter of course
12(h)(2) When to Raise Others - Failure to State a Claim, to join a required party under 19, or to state a legal defense to a claim may be raised: (A) in a pleading allowed or ordered under 7(a); (B) In a motion under 12(c); or (C) at trial
12(h)(3) Lack of SMJ - If a court determines at any time that it lacks SMJ, the court must dismiss the action
12(i) Hearing Before Trial
Rule 13 Counterclaims (CCs) and Crossclaims (XCs)
13(a) Compulsory CC
13(a)(1) Pleading must state as CC any claim that at the time of service if it: (A) Arises out of the same transaction or occurrence as the opposing party's claim; and (B) doesn't require adding another party over whom the court cannot acquire jxn
13(a)(2) Exceptions - (A) When action was commenced, if claim was subject of another pending action, or (B) If claim was by process that did not establish IPJ over pleader and pleader doesn't assert any CCs
13(b) Permissive CCs - Pleading may state as a CC against an opposing party any claim that is not compulsory
13(c) Relief sought in CC
13(d) CC against US
13(e) CC maturing or acquired after pleading
13(f) XC against Coparty - any claim by one party against coparty if it arises out of same ToC that is SM of original or CC, or if it relates to property that is SM of original. May include indemnity claim.
13(h) Joining Additional Parties - Rules 19 and 20 govern the addition of a person as a party to a CC or XC
13(i) Separate trials; separate judgments
Rule 14 Third Party (3P) Practice
14(a) When defending party may bring in 3P
14(a)(1) Timing of Summons and Complaint - defending party may, as 3PP, serve summons and complaint on nonparty who is or may be liable to it for all or part of the claim against it.Court's permis. if 3P complaint brought more than 14 days after original answer.
14(a)(2) 3PD's Claims and Defenses-(A)must assert Rule 12 defenses against 3PP; (B)must assert CCs against 3PP under 13(a), and may assert 13(b) or (g), (C)may assert any defense 3PP has against P; and (D)may assert against P any claim that is same ToO as original
14(a)(3) P's claims against 3PD - may assert any claim arising out of ToO that is subject matter of P's claim against 3PP. 3PD must then assert any rule 12 defenses or 13(a) CCs, and may assert 13(b) CCs and 13(g) XCs.
14(a)(4) Motion to Strike, Sever, or Try Separately - any party may make motion
14(a)(5) 3PD's claim against nonparty - 3PD may proceed under this rule against nonparty who may be liable to 3PD for all or part of claim against it
14(a)(6) 3P complaint in rem
14(b) When a Plaintiff may bring in a 3P - whenever this rule would allow a defendant to do so
Rule 15 Amended and Supplemental Pleadings
15(a) Amendments Before Trial
15(a)(1) As a matter of course - once within: (A) 21 days of serving it; (B) If the motion is one to which responsive pleading is required, 21 days after service of pleading or motion under 12(b), (e), or (f), whichever is earlier.
15(a)(2) Other Amendments - in all other cases, party may amend only with opposing party's written consent or courts leave (should freely grant leave when justice so requires)
15(a)(3) Any required response to amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of amended pleading, whichever is later
15(b) Amendments During and After Trial
15(b)(1) Based on objection after trial - If party objects to evidence not in pleadings, court may permit amendment freely when it will aid in merits and objecting party fails to show prejudice on the merits
15(b)(2) Issues Tried by Consent - When issue not raised by pleadings is tried by consent, it must be treated in all respects as if raised in pleadings. Party may move (even after judgment) to amend pleadings to conform to evidence and raise unpleaded issue
15(c) Relation back of amendments
15(c)(1) When amendment relates back
15(c)(1)(A) The law the provides applicable statute of limitations allows relation back
15(c)(1)(B) Amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out (or attempted to be set out) in original pleading
15(c)(1)(C) Amendment changes the party or naming of the party, if 15(c)(1)(B) is satisfied, and if the party to be brought in: (i) received such notice that it will not be prejudiced; or (ii) knew or should have known that action would be brought but for mistake
15(d) Supplemental pleadings
Rule 18 Joinder of Claims
18(a) Any party setting out a claim, CC, XC, or 3PC may join, as independent or alternative claims, as many claims as it has against opposing party
18(b) Joinder of contingent claims - party may join two claims even if one is contingent on the disposition of the other
Rule 19 Required Joinder of Party
19(a) Persons required to be joined if feasible
19(a)(1) Required party - Person subject to service of process and whose joinder will not deprive court of SMJ must be joined as a party if:
19(a)(1)(A) In that person's absence, the court cannot accord complete relief among existing parties
19(a)(1)(B) Person claims an interest relating to the action and is situated that disposing of action in person's absence may: (i) Practically impair person's ability to protect interest; or (ii) leave existing party subject to substantial risk of inconsistent obls.
19(a)(2) Joinder by Court Order - if person has not been made party, court must order them made party. Person who refuses to join as plaintiff can be made defendant or involuntary plaintiff
19(a)(3) Venue - If joined party objects to venue and joinder will make venue improper, court must dismiss party.
19(b) When Joinder is not Feasible - If person required if feasible cannot be joined, the court must determine whether, in equity and good conscience, the action should proceed among existing parties or should be dismissed. Factors include:
19(b)(1) The extent to which a judgment rendered in preson's absence might prejudice that person and existing parties
19(b)(2) Extent to which any prejudice could be lessened or avoided by: (A) Protective provisions in judgment; (B) Shaping relief; or (C) Other measures
19(b)(3) Whether judgment rendered in person's absence would be adequate
19(b)(4) Whether plaintiff would have adequate remedy if action were dismissed for nonjoinder
19(c) Pleading reasons for nonjoinder
19(d) Exception for class actions
Rule 20 Permissive Joinder of Parties
20(a) Persons who may join or be joined
20(a)(1) Persons may join as Ps if: (A)they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of same ToO or series of ToOs; and (B) any question of law or fact common to all Ps will arise in action
20(a)(2) Persons may be joined as Ds if: (A) any right to relief is asserted against them jointly, severally, or in the alternative arising out of the same ToO or series of ToOs; and (B) Any question of law or fact common to all Ds will arise
20(a)(3) Extent of Relief
20(b) Protective Measures
Rule 22 Interpleader
22(a)(1) Persons with claims that may expose P to multiple liability may be joined as Ds and required to interplead. Proper even though: (A) claims lack common origin or are independent rather than identical; and (B) P denies liability to any or all claimants
22(a)(2) By Defendant - D exposed to similar liability may seek interpleader through CC or XC
22(b) Relation to other rules and statutes
Rule 24 Intervention
24(a) intervention of right - court must permit anyone to intervene who: (1) is given right by statute; or (2) claims interest in action, and is so situated that disposing of action may impair protection of interest, unless existing parties represent interest
24(b) Permissive Intervention
24(b)(1) Court may permit anyone to intervene who: (A) is given right by statute; or (B) has claim or defense that shares with main action a common question of law or fact
24(b)(3) Delay or Prejudice
24(c) Notice and Pleading Required
Rule 41 Dismissal of Actions
41(a)(1) By plaintiff
41(a)(1)(A) Without court order, plaintiff may dismiss by filing: (i) notice of dismissal before opposing party serves action or motion for summary judgment; or (ii) stipulation of dismissal signed by all parties who have appeared
41(a)(1)(B) Effect - without prejudice unless it says otherwise and unless plaintiff had previously dismissed an action based on or including same claim (then it's adjudication on merits)
41(a)(2) By court order - Except as provided in 41(a)(1), action may be dismissed at P's request only by court order, on terms court considers proper. If D has pleaded CC, action may be dismissed only if CC can remain pending for independent adjudication. W/o prej
41(b) Involuntary dismissal - If P fails to prosecute or comply with rules or court order, D may move to dismiss. Unless it states otherwise, dismissal under this and any other rules (other than 12(b)(1), (6), or (7) is adjudication on merits
41(c) Dismissing CC, XC, or 3PC - voluntary dismissal must be made (1) before responsive pleading served; or (2) if there is no responsive pleading, before evidence is introduced at hearing or trial
Rule 54 Judgments; Costs
Rule 55 Default; default judgment
55(a) Entering default - when party against whom judgment is sought has failed to plead or defend, and that is shown by affidavit or otherwise, clerk must enter party's default
55(b) Entering default judgment
55(b)(1) By clerk - if P's claim is sum certain or sum can be made certain by computation, the clerk (on P's request) must enter judgment for that amount and costs against D who has been defaulted (and is not minor or incompetent)
55(b)(2) By the court - in all other cases, party must apply to court for default judgment. Can enter judgment against minor or incompetent only if guardian is there. If party has appeared personally, must be served with application 7 days before hearing
55(c) Setting aside default or default judgment - may be set aside for good cause or under Rule 60(b)
Rule 56 Summary Judgment
56(a) Motion for summary judgment - party can move for SJ, and court should grant it if movant shows there is no genuine dispute as to any material fact and movant is entitled to judgment as matter of law
56(b) Time to file a motion - may be filed until 30 days after close of all discovery
§1331 Federal Question
§1332 Diversity of Citizenship; Amount in Controversy; Costs
§1367 Supplemental jurisdiction
§1367(a) Except as provided in (b) and (c), in an action where courts have original jxn they shall have supp. jxn over claims so related that they form part of the same case or controversy. Shall include claims that involve joinder or intervention.
§1367(b) Where courts have original jxn founded §1332, they shall not have supp. jxn over cases by Ps against parties under 14, 19, 20, 24, or claims by persons joined as Ps under 19, or intervening as Ps under 24, when inconsistent with jxn requirements
§1367(c) District courts may decline to exercise supp jxn over claim if...(basically if they want to)
§1391 Venue Generally
§1391(a) Founded solely on diversity may be brought: (1) in a district where any D resides if all reside in same state; (2) district where substantial part of events or omissions occurred or property is situated; or (3) if nowhere else, where D is subject to IPJ
§1391(b) Where jurisdiction is not founded just on diversity, (1) and (2) are the same as above, but (3) is where any defendant may be found, if there is nowhere else action may otherwise be brought
§1391(c) For venue, corporation D resides wherever it is subject to IPJ. In state that has multiple districts, D is deemed to reside in district where contacts would make it subject to IPJ were district a state or in district with most significant contacts
§1391(d) Alien may be sued in any district
§1404 Change of venue: (a) for convenience, in interest of justice, court may transfer case to any district where it could have been brought; (b) with consent of parties, can be transferred to any division in same district
§1406 Cure or Waiver of Defects - (a) if case is filed in the wrong venue district, court may dismiss or transfer in the interest of justice, (b) doesn't impair jxn of court if party doesn't interpose timely and sufficient objection to venue
§1335 Interpleader
§1397 Interpleader
§2361 Process and Procedure
Created by: econne1