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Civil Procedure - FRCP
FRCP
35
Law
Graduate
12/10/2006

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Cards

Term
Rule 4
Definition
Summons -

4a: Form
4b. Issuance
4c. Service With Complaint; by Whom Made
4d: Waiver of Service; Duty to Save Costs of Service; Requests
4e: Service Upon Individuals W/in a Judicial District of the U.S.
4h: Service Upon Corporations and Associations
4k: Territorial Limits of Effective Service
4m: Time Limit for Service
4n. Seizure of Property; Service of Summons Not Feasible
Term
Rule 7
Definition
Pleadings Allowed; Form of Motions


7a: Pleadings
7b: Motions and Other Papers
7c: Demurrers, Pleas, etc., Abolished.
Term
Rule 8
Definition
General Rules of Pleading

8a: Claims for Relief
8b: Defenses; Form of Denials
8c: Affirmative Defenses (19 listed)
8d: Effect of Failure to Deny
8e: Pleading to Be Concise and Direct;
Term
Rule 12
Definition
Defenses and Objections—When and How Presented—By Pleadings or Motion—Motion for Judgment on the Pleadings

12a: When Presented
12b: How Presented
12c: Motion for Judgment on the Pleadings
12d: Preliminary Hearings
12e: Motion for More Definite Statement
12f: Motion to Strike
12g: Consolidation of Defenses in Motion
12h: Waiver or Preservation of Certain Defenses
Term
Rule 13
Definition
Counterclaim or Crossclaim

13a: Compulsory Counterclaims
13b: Permissive Counterclaims
13c: Counterclaim Exceeding Opposing Claim
13d: Counterclaim against U.S.
13e: Counterclaim Maturing/Acquired after Pleading
13f: Omitted Counterclaims
13g: Counterclaim against Co-Party
13h: Joinder of Additional Parties
Term
Rule 14
Definition
Third Party Practice

14a: When Δ May Bring in 3rd Party
14b: When Π May Bring in 3rd Party
14c: Admiralty and Maritime Claims
Term
Rule 15
Definition
Amended and Supplemental Pleadings
15a: Amendments
15b: Amendments to Conform to the Evidence
15c: Relation Back of Amendments
15d: Supplemental Pleadings
Term
Rule 18
Definition
Joinder of Claims and Remedies

18a: Joinder of Claims
18b: Joinder of Remedies; Fraudulent Conveyances
Term
Rule 19
Definition
Joinder of Persons Needed for Just Adjudication
Term
Rule 20
Definition
Permissive Joinder
Term
Rule 21
Definition
Misjoinder and non-joinder
Term
Rule 23
Definition
Class Actions
Term
Rule 24
Definition
Intervention
Term
Rule 41
Definition
Rule 41: Dismissals of Actions
41a: Voluntary Dismissals
41b: Involuntary Dismissal
Term
Rule 45
Definition
Rule 45: Subpoena
45a: Form
45b: Service
45c: Protection of Persons Subject to Subpoena
45d: Duties in Responding
Term
Rule 47
Definition
Rule 47: Jurors
47a: Examination of Jurors
47b: Peremptory Challenges
47c: Excuse
Term
Rule 48
Definition
Rule 48: Number of Jurors – Participation in Verdict
Term
Rule 50
Definition
50a: Judgment as a Matter of Law
50b: Renewing Motion for Judgment After Trial; Alternative Motion for
New Trial
50c: Granting Renewed Motion for Judgment as a Matter of Law;
Conditional Rulings; New Trial Motion
50d: Same: Denial of
Term
Rule 49
Definition
Rule 49: Special Verdicts and Interrogatories
49a: Special Verdicts:
49b: General Verdict Accompanied by Answer to Interrogatories
Term
Rule 51
Definition
Rule 51: Instructions to Jury: Objection
Term
Rule 52
Definition
Rule 52: Findings by the Court; Judgment on Partial Findings
52a: Effect
52b: Amendment
52c: Judgment on Partial Findings
Term
Rule 56
Definition
Rule 56: Summary Judgment
56a: For Claimant
56b: For Defending Party
56c: Motion and Proceedings Thereon
56d: Case Not Fully Adjudicated on Motion
56e: Form of Affidavits; Further Testimony;Defense Required
56f: When Affidavits Are Unavailable
56g: Affidavits Made in Bad Faith
Term
Rule 59
Definition
Rule 59: New Trials; Amendment of Judgments
59a: Grounds
59b: Time for Motion
59c: Time for Serving Affidavits
59d: On Initiative of Court
59e: Motion to Alter or Amend a Judgment
Term
Rule 60
Definition
Rule 60: Relief from Judgment or Order
60a: Clerical Mistakes
60b: Mistakes; Inadvertence; Excusable Neglect; Newly Discovered
Term
Rule 61
Definition
Rule 61: Harmless Error
Term
Rule 64
Definition
Rule 64: Seizure of Person or Property
Term
1251
Definition
Original Jurisdiction
Term
1253
Definition
Direct Appeals from decisions of three-judge courts
Term
1254
Definition
Courts of appeals; certiorari; appeal; certified questions
Term
1257
Definition
State courts; appeal; certiorari
Term
1291
Definition
Final decisions of state courts
Term
1292
Definition
Interlocutory decisions
Term
1331
Definition
Federal Question
Term
1332
Definition
Diversity of citizenship; amount in controversy; costs
Term
1345
Definition
United States as plaintiff
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