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Civil Procedure
Major Rules and Sub Rules
76
Law
Graduate
08/02/2009
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Term
Rule 4(c)
 Definition
D must be served with summons and the complaint
Term
Rule 4(d)
 Definition
D may waive service.
D gets 60 days to answer as opposed to 20 days.
Term
Rule 4(k)
 Definition
Bulge Rule.
Courts take jurisdiction of state + 100 miles.
Term
Rule 8(a)
 Definition
Contents of Pleadings:
Short and Plain statements on:
1. Court's jurisdiction
2. Basis for suing
3. Demand for relief
Term
Rule 8(b)
 Definition
D must deny each claim specifically. D may also say lacks sufficient knowledge regarding particular allegation = denial.
Term
Rule 8(c)
 Definition
Affirmative Defenses must be raised or waived
Term
Rule 9(b)
 Definition
Pleading special matters: fraud.
Heightened pleading standards for fraud (Stradfrod v. Zurich Insurance Co.)
Term
Rule 11(b)
 Definition
Representations to the Court- by signing documents, attorney is alleging good faith basis for claims.
Term
Rule 11(c)
 Definition
Sanctions, however you get 21 days to fix (safe harbor rule)
Term
Rule 12(b)(1)
 Definition
Lack of subject matter jurisdiction
Term
Rule 12(b)(2)
 Definition
Lack of personal jurisdiction
Term
Rule 12(b)(3)
 Definition
Improper Venue
Term
Rule 12(b)(4)
 Definition
Insufficient process (refers to documents given)
Term
Rule 12(b)(5)
 Definition
Insufficient Service of Process
Term
Rule 12(b)(6)
 Definition
Failure to state a claim upon which relief may be granted
Term
Rule 12(b)(7)
 Definition
Failure to join a required party under Rule 19
Term
Rule 12(c)
 Definition
Judgment on the pleadings
Term
Rule 12(h)
 Definition
Lack of subject matter jurisdiction may always be raised, even by the court itself
Term
Rule 13(a)
 Definition
Compulsory Counterclaims:
arise out of the same transaction or occurence
must assert them or lose them.
RJ and Supp. Jurisdiction usually apply.
Term
Rule 13(b)
 Definition
Permissive Counterclaims
Term
Rule 13(g)
 Definition
Crossclaims- against coparty arising out of the same transaction or occurence
Term
Rule 14(a)
 Definition
Defendant Impleaded Third Parties:
D may implead a 3pD when they are liable in part to the D
Term
Rule 14(b)
 Definition
P may implead a third party when that party may be liable in part to counterclaim against P
Term
Rule 15(a)(2)
 Definition
Leave to amend pleadings should be granted when justice so requires.
Term
Rule 15(c)
 Definition
Relating Back an Amendment- when it asserts a claim out of the same transaction or occurence
Term
Rule 16
 Definition
Pre-Trial Scheduling
Term
Rule 18(a)
 Definition
Bar Fight Rule- once an anchoring claim is laid, as many claims as possible can be leveled against the opposing party.
Note: Impleading counts as an anchoring claim.
Term
Rule 19(a)
 Definition
Required Joinder of Parties
Term
Rule 20
 Definition
Permissive Joinder of Parties:
Same transaction or occurence and
Common question of law or fact
Term
Rule 21
 Definition
Misjoinder and Nonjoinder
Term
Rule 22
 Definition
Interpleader
Term
Rule 23
 Definition
Class Actions
Term
Rule 24(a)
 Definition
Intervention of Right
Relating to property or transaction that would impede N's ability to protect interests
Term
Rule 24(b)
 Definition
Permissive Intervention
Term
Rule 26(a)(1)(A)
 Definition
Initial Disclosure: any material that is likely to support party's affirmative case.
Term
Rule 26(b)(1)
 Definition
Scope of Discovery: relevant to claim or defense
Term
Rule 26(b)(3)
 Definition
Work Product Privilege- facts or opinions in preperation of litigation
Term
Rule 26(b)(4)
 Definition
Testifying Experts may be deposed.
Non testifying experts may not be unless exceptional circumstances
Term
Rule 26(c)
 Definition
Protective Orders: embarrassment, annoyance, or burden
Term
Rule 26(g)
 Definition
Certification- attorney will be sanctioned if discovery motions are not in food faith
Term
Rule 30
 Definition
Oral Depositions
Term
Rule 33
 Definition
Interrogatories: 25 per side, cheap
Term
Rule 34
 Definition
Requests for Production. P may also subpoena non parties
Term
Rule 35
 Definition
Examinations: physical/mental examination when related to the suit
Term
Rule 37
 Definition
Enforcer Rule: Motion to Compel, Failure to Disclose, Failure to Comply, Failure to Admit, Failure to Attend
Term
Rule 36
 Definition
Admissions
Term
Rule 41(b)
 Definition
Involuntary Dismissal- if P fails to comply with the rules, D may seek to dismiss. RJ applies
Term
Rule 42(b)
 Definition
Separate Trials for claims/parties
Term
Rule 55(a)
 Definition
Default Judgments
Term
Rule 56
 Definition
Summary Judgment- moving party bears initial proof, but the non moving party has burden of production- genuine issue of material fact
Term
Rule 65
 Definition
Injunctions (TRO
Term
Rule 68
 Definition
Offer of Judgment
Term
Rule 82
 Definition
FRCP do not extend or limit jurisdiction or choice of venue
Term
§ 1331
 Definition
Federal Question Jurisdiction
Arising under fed. law or Constitution
Term
§ 1332
 Definition
Diversity Jurisdiction
Complete diversity and amount in controversy
Term
§ 1367(a)
 Definition
Supplemental Jurisdiction where common nucleus of operative facts
Term
§ 1367(b)
 Definition
No supplemental jurisdiction for P against joined parties under 14,19,20, or 24
Term
§ 1391(a)
 Definition
Venue for Diversity Jurisdiction
(1) Where D resides
(2) Where substantial events took place
(3) Where any D is sub. to personal jurisdiction
Term
§ 1391(b)
 Definition
Venue for Federal Question Jurisdiction
(1) Where D resides
(2) Where substantial events took place
(3) Where any D can be found
Term
§ 1404
 Definition
Federal Transfer
Term
§ 2072
 Definition
Limit of FRCP:
The rules cannot abridge, enlarge, or modify any substantive right
Term
Rule 38
 Definition
Right to Jury Trial
Term
Rule 41
 Definition
Dismissal (Voluntary and Involuntary)
Term
Rule 42
 Definition
Consolidation and Separation of Trials
Term
Rule 47
 Definition
Selecting Jurors
Term
Rule 50
 Definition
Judgment as a Matter of Law
Directed Verdict and JNOV
Term
Rule 54
 Definition
Judgment involving multiple claims or parties (allows interlocutory appeals if Dst. Ct. makes it obvious)
Term
Rule 55
 Definition
Default Judgments
Term
Rule 58
 Definition
Entering Judgment
'The End'
Term
Rule 59
 Definition
New Trial
Term
Rule 60
 Definition
Relief from an Order of Judgment
Term
28 U.S.C §455
 Definition
Disqualification of Judges
Term
28 USC § 1291
 Definition
Final Judgment Rule
Term
28 USC §1292
 Definition
Interlocutory Appeals
Term
28 USC §1738
 Definition
Federal Respect for State Court Jurdgment
Term
42 USC §1983
 Definition
Deprivation of Rights
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