1) Complaint

2) Answer

3) Counterclaim/answer to counterclaim

4) Answer to Crossclaim

5) 3rd party complaint

6) Answer to 3rd party complaint

7) Reply to Answer/Counterclaims

Under Rule 7.1 what must a disclosure statement include?

Under Rule 7.1, what must be filed if any changes occur?

It must include:

1) any parent corporation and/or any publicly held corp. that owns 10% more of its stock

Or 

2) States that ther is no such corporation.

If any changes happen during litigation, a corporation must file a supplementary one.

The information required by Rule 7.1(a) reflects the “financial interest” standard

of Canon 3C(1)(c) of the Code of Conduct for United States Judges. This

information will support properly informed disqualification decisions in

situations that call for automatic disqualification under Canon 3C(1)(c).

Rule 7.1 does not prohibit local rules that require disclosures in addition to those

required by Rule 7.1.

Rule 7.1(a) is designed to be limited –unnecessary disclosure requirements place

a burden on the parties and on court.

Rules 8 & 10 of FRCP

Generally, How must pleadings be constructed? (what must be stated, how  will they be organized)

What must answers do with regards to the allegations in the complaint?

a) General rules of pleadings (short, plain statements re jurisdiction, claim for relief(s) sought)

B) Defenses: admissions; denilas (general and specific).

Lack of information/knowledge on the allegation equals denial.

Falling to deny an allegation equals admission if the response is required.

Caption, parties, paragraphs/statemets, exhibits (see Rule 10).

Rule 11(a and b) of FRCP

What must all pleadings/motions be?

What must parties represent to the court?

a) Signing of pleadings/motions and sanctions

all papers must be properly signed

b) Parties must represent to the court that:

1) It is not filed for any improper purpose such as harassment or delay

2) Calims/relief sought is based on law.

3) Allegations are based on facts

4) Denials are warrented in evidnece or lack of Information

If Rule 11(b) is violated, the cour issues sanctions.

Normally a motion for Sanction is filed with the court by the party claiming violation of Rule 11(b) but court can act on it's own initiative.

It can be monetary or nonmonetary.

Rule 12- Answer

What should it contain?

The answer may have all three parts below or a combination of them:

1) Response to the complaint's allegations

2) Affirmative defenses (Rule 8(c)

3) Rule 12(b) defenses.

List of Affirmative Defenses:

1) accord and satisfcation

2) arbitration and award

3) assumption of risk

4) contributory negligence

5) duress

6) estoppel

7) failure of consideration

8) fraud

9) illegality

10) injury by fellow servant

11) laches

12) license

13) payment

14) release

15) res judicta

16) statute of frauds

17) statute of limitations

18) waiver

Defendant must answer within 21 days after being properly served with acopy of complaint and summons.

If services is waived, then defendant has 60 days after the request for waiver is sent (90 days if he lives outside of US).

Any pleadins filed in response to a motion related to Rule 12 must be filed within 14 days of notice or motion or court's action.

21 days deadline stands also for:

- answer to countercaim or crossclaim (from the date these two are served)

- Reply to an answer

1) lack of subject matter jurisdiction

2) lack of personal jurisdiction

3) Improper venue

4) Insufficient service of process

5) Failure to state a claim upon which relief can be franted.

6) Failure to join a party.

Defenses can be asserted by filing a motion unless a responsive pleading is

required. Motion must be filed before a pleading, if pleading is allowed.