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Federal Rules of Civil Procedure
2011 Federal Rules of Civil Procedure
63
Law
Professional
09/24/2011
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Term
Rule 1
 Definition
Scope and Purpose
govern the procedure in all civil actions, create plan for discovery
secure the just, speedy and inexpensive determination of every action
Term
Rule 2
 Definition
There is one form of action-the civil action.
Term
Rule 3
 Definition
Commencing an Action
commenced by filing a complaint with the court
Term
Rule 4
 Definition
Summons
Term
Rule 7
 Definition
Pleadings Allowed, Form of Motions and Other Papers
Term
Rule 8
 Definition
Rules of Pleading
Term
Rule 8(a)
 Definition
A pleading that states a claim for relief must contain: short and plain statement for jurisdiction, short and plain statement of claim, demand for the relief sought
Term
Rule 8(b)
 Definition
Defenses: must respond to a pleading and admit or deny the allegations (or claim no knowledge [=deny]
Term
Rule 8(c)
 Definition
Affirmative Defenses: must be stated if exist (accord and satisfaction, assumption of risk, contributory negligence, estoppel, etc.)
Term
Rule 9
 Definition
Special pleading requirement- fraud must be alleged with specificity
Term
Rule 10
 Definition
form of pleadings
Term
Rule 11
 Definition
certification by lawyer
Term
Rule 12(a)
 Definition
defendant must serve an answer within 21 days of being served unless waived
Term
Rule 12(b)
 Definition
defenses by motion: 7
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)(6)
 Definition
failure to state a claim upon which relief can be granted
Term
Rule 12(c)
 Definition
motion for judgment on the pleadings (after pleadings, but early enough not to delay trial)
Term
Rule 12(e)
 Definition
Motion for a more definite statement
Term
Rule 13(a)
 Definition
compulsory counterclaim: must state as a counterclaim any claim that the pleader has against an opposing party if the claim is from the same transaction and doesn't require adding a party over whom the court has no jurisdiction
Term
Rule 13(b)
 Definition
pleading may state as a counterclaim any claim
Term
Rule 13(g)
 Definition
crossclaim against a co-party- may state as a crossclaim any claim by one party against a co-party if it arises out of the transaction that is the subject matter of the original action
Term
Rule 14
 Definition
third-party practice
Term
Rule 14(a)
 Definition
defending party (3rd party plaintiff) may bring in a third-party who is or may be liable to it for all or part of the claim against it; plaintiff may assert against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff
Term
Rule 14(b)
 Definition
when a claim is asserted against a plaintiff, he may bring in a third party if this rule would allow a defendant to do so
Term
Rule 15
 Definition
Amended and Supplemental Pleadings
Term
Rule 16
 Definition
Scheduling
Term
Rule 18
 Definition
joinder of claims- a party asserting a claim, counterclaim, crossclaim, or 3rd party claim may join as many claims as it has against an opposing party
Term
Rule 19
 Definition
required joinder of parties: party is required if w/o that party, the ct. can't award complete relief to the parties in the suit, or if leaving the party out will impair its interests, or will impair risks of existing parties by leaving them open to another suit
Term
Rule 20
 Definition
permissive joinder of parties: if damages are rightly shared or responsibility rightly shared, the parties can be joined
Term
Rule 24
 Definition
Intervention: has a relationship to required party, same language, may enter by permission or by right
Term
Rule 26
 Definition
Discovery
Term
Rule 26(f)
 Definition
conference of the parties- planning for discovery: at least 21 days before scheduling conference
Term
Rule 29
 Definition
stipulations about discovery procedure: parties can stipulate that a deposition can be taken at any time by any person
Term
Rule 30
 Definition
Depositions by Oral Exam
Term
Rule 30(b)
 Definition
must give written notice to every other party before conduction a deposition
Term
Rule 33
 Definition
Interrogatories
Term
Rule 33(a)
 Definition
A party may serve on another party no more than 25 interrogatories.
Term
Rule 34
 Definition
Producing Documents, Electronically Stored Information, Tangible Things
Term
Rule 35
 Definition
Physical and Mental Examinations
Term
Rule 36
 Definition
Requests for admission. Party may give written requests for admission of matters relating to facts, the application of law to facts, genuineness of any described documents
Term
Rule 37
 Definition
Failure to make disclosures; sanctions
Term
Rule 37(a)
 Definition
party may move for an order compelling disclosure or discovery if they show that they in good faith attempted to confer with the person
Term
Rule 37(b)
 Definition
failure to comply with court orders- sanction- leads to striking pleadings, default judgment, not allowing them to support/oppose arguments, etc.
Term
Rule 38
 Definition
Trial by Jury- parties have right to a trial by jury, but must demand this right by serving it and filing with the court, or else the right is waived
Term
Rule 39
 Definition
trial by jury or trial by court- if jury is demanded, it must be granted, if it's not demanded it goes to the court unless the court decides otherwise
Term
Rule 41
 Definition
Dismissal of Actions- plaintiff can voluntarily dismiss actions. IF plaintiff fails to comply with rules, the defendant can move for dismissal.
Term
Rule 42
 Definition
Consolidation, Separate Trials- court can consolidate or separate issues/claims to maximize efficiency
Term
Rule 45
 Definition
Subpoena: if not obeyed, held in contempt of court
Term
Rule 47
 Definition
Jury selection- attorneys/judges examine jurors and are allowed a number of challenges as established by code
Term
Rule 48
 Definition
Number of Jurors- at least 6, no more than 12, must vote unanimously and can be polled to search for lack of unanimity at which point judge may direct jury to deliberate further or order a new trial
Term
Rule 49
 Definition
special verdict- court can have the jury decide only on each issue of fact
Term
Rule 50(a)
 Definition
Judgment as a Matter of Law: before it is submitted to jury, after party has been fully heard on an issue- asks court to find that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue and thus the court can resolve the issue against the part or grant a motion for judgment as a matter of law against the party on a claim because they could only win with a favorable finding on that issue
Term
Rule 50(b)
 Definition
Judgment as a Matter of Law- AFTER trial (judgment notwithstanding the jury)
Term
Rule 51
 Definition
Jury Instructions
Term
Rule 51(a)
 Definition
parties may present instruction they would like given to the jury at or before the close of evidence
they can also present instructions after the close of evidence if the instructions could not have been previously anticipated
Term
Rule 51(b)
 Definition
The court must tell the parties the instructions and give them a chance to object. It can instruct the jury at any time before jury is discharged.
Term
Rule 51(c)
 Definition
Objections to instructions- must make to have a claim on appeal
Term
Rule 54
 Definition
judgment, costs: attorneys fees, etc.
this allows them to give judgment on partial claims so one can start collecting even if other claims still exist
Term
Rule 55
 Definition
default
Term
Rule 56
 Definition
Summary Judgment: any time until 30 days after the close of all discovery
Term
Rule 59
 Definition
New Trial
Term
Rule 60
 Definition
relief from a judgment or order- mistakes
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