THESE RULES INCORPORATE REVISIONS

WHICH TOOK PLACE IN 2009

source:

http://www.law.cornell.edu/rules/frcp

[blank]

The Federal Rules of Civil Procedure govern what type of lawsuits and in which courts?

The FRCP govern CIVIL PROCEDURES in FEDERAL COURTS.

What court  [_____________]promulgated the FRCP because of what act [______________] and who [____________] then approved it?

The UNITED STATES SUPREME COURT promulgated the FRCP pursuant to the RULES ENABLING ACT and was approved by the UNITED STATES CONGRESS.

What is the name of the conference that makes recomendations to modify the rules in the FRCP?

The JUDICIAL CONFERENCE OF THE UNITED STATES recomends any rules to modify the FRCP.

The revisions to the FRCP

which took place in Dec. 2006 made

practical changes to

which type of rules?

The revisions in 2006 to the FRCP made practical changes to DISCOVERY RULES to make it easier for

courts and litigating parties to manage electronic records.

What type of legal contruction (pleading) is the FRCP based upon?

The FRCP is based upon a legal contruction called

NOTICE PLEADING.

NOTICE PLEADING is less formal, is created and modified by legal experts and has less technical requirements than old "common-law" pleadings.

NOTICE PLEADING: In a notice pleading will the plaintiff face dismissal if the pleading lacks the exact legal term, if the claim itself is legally actionable?

In a legally actionable case, if the plaintiff does not use the exact legal term in the NOTICE PLEADING, the case will NOT be dismissed.  This acts in the interest of EQUITY by concentrating on the actual law rather than the construction of the pleas.

How m ny rules and chapters are there in the FRCP?

There are 86 Rules

and

11 Chapters

in the

Fed. R. Civ. Procedure.

FRCP

Rules 1: Mission Statement

The Rules

 "shall be construed and administered to secure the just, speedy, and inexpensive determination of every action."

FRCP Rule 2: Unification/Civil Action

Rule 2 unifies the procedures of law

and equity in the federal courts, by specifies there shall be ONE form of action...THE CIVIL ACTION.

What rule specifies that in federal courts there shall

be one form of action - the civil action?

Rule 2 unifies and specifies the CIVIL ACTION.

Ch. II,  covers commencement of

1. _______________ and includes
2. __________________,
3. _________________ and
4. ___________ __   _______

Ch. II of the FRCP covers:

1. Commencement of Civil Suits
2. filing
3. summons
4. service of process

In Rule 3 a civil action is commenced by filing a _______________.

A COMPLAINT  commences (begins, starts) a civil action under Rule 3 of the FRCP.

Under what FRCP rule would one find the procedures for issuance and service of a summons to the defendants in a complaint?

Rule 4  FRCP deals with the prcedures for issuance of a summons, when the complaint is filed and the service of the summons.

Rule 5 requires that all _______________ in an action be served on all parties and also be filed with the court.

All PAPERS must not only be served on all parties but all of them must also be filed with the court in Rule 5 of the FRCP.

If there were technical issues or an extension of a deadline is needed, to which FRCP  rule would an attorney refer?

If an attorney had technical issues to be resolved or needed an extension of time, he wold use Rule 6 of the FRCP and go to the courts.

Ch. III in the FRCP deals with:

1. _______________
2. ______________
3. ______________
4. ______________ .

 Ch. III of the FRCP covers:

1. pleadings 
2. motions
3. defenses
4. counterclaims.

The plaintiff's original pleading is called:

COMPLAINT

The defendant's original pleading is called:

An ANSWER.

In Rule 8(a) the Plaintiff must address JURISDICTION and must demand a _______________.

Judgement

In Rule 8(b) the DEFENDANT must do one of two things, to every element in the plaintiffs claim? What are they?

The DEFENDANT must either ADMIT or DENY  every element in the claim.

Rule 8(c) allows the Defendant to state what in his defense?

The defendant may state ALTERNATIVE DEFENSES under Rule 8(c).

If one is abiding by Rule 11, then all the papers of the represented party will be ______________ by the attorney.

The Attorney will sign all papers of his represented party per Rule 11 of the FRCP.

An attorney or client may be SANCTIONED

due to Rule 11  if these things occur:

1.__________________
2.__________________

or

3._________________

 Rule 11 provides for SANCTIONS against an attorney or client for:

1.  Harrassment

2. Frivolous arguements

3.  lack of factual investigation

What is the purpose of sanctions?  [Under Rule 11?]

The purpose of SANCTIONS is

to act as a deterrent,  

it is not to be punitive.

True or False:

The current Rule 11 is more lenient thant its 1983 verson.

True.

Supporters of Tort Reform in congress regularily call for legislation to make this Rule 11 stricter.

PRETRIAL MOTIONS

Pretrial motions are filed under

FRCP 12(b).

There are 7.

What are they?

Under Rule 12(b) seven (7) pretrial motions that can be filed [FRCP]:::

1. lack of subject matter jurisdiction
2. lack of personal jurisdiction
3. improper venue
4. insufficient process
5. insufficient service of process
6. failure to state a claim
7. failure to join a party under Rule 19.