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CivProAbernathy1

Rules 1-15

QuestionAnswer
FRCV govern procedure in all Federal District courts. Rule 1
There is one form of action--the civil action. Rule 2
A civil action is commenced by filing a complaint with the court. Rule 3
Pleadings. Rule 7(a)
Motions. 7(b)
Claim for relief [complaint]. 8(a)
Answer. 8(b)
Affirmative defenses. 8(c)
Pleadings to be simple, concise, direct; alternative statements of same pleading OK; inconsistent pleadings OK (but terrible in front of a jury). 8(d)
Attorney certifies that pleadings, motions, and anything else submitted to court is based on facts (or will be after discovery), nonfrivolous claims of law, and valid purposes (no harassment, delay, etc). Rule 11(b)
Pre-answer motions. 12(b)
Motion for judgment on the pleadings. 12(c)
Motion for a more definite statement. 12(e)
Motion to strike (used by P in response to affirmative defenses; more limited, specific form of 12(c)). 12(f)
Pre-answer motions must be joined. 12(g)
One shot at 12(b)(2-5). 12(h)
Compulsory counterclaim. 13(a)
Permissive counterclaim. 13(b)
Amending as a matter of course before trial. 15(a)(1)
Non-matter-of-course amendments require consent of opposing counsel or leave of court (should be freely given when not prejudicial). 15(a)(2)
Amendments during trial. 15(b)
Relating back amendments. 15(c)--amendment must assert claim or defense that "arose out of the conduct, transaction, or occurrence set out in the original pleading."
Created by: scotty022