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Scope and Purpose
govern the procedure in all civil actions, create plan for discovery
secure the just, speedy and inexpensive determination of every action |
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| There is one form of action-the civil action. |
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| A civil action is commenced by filing a complaint with the court. |
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Summons
(a) Contents
(b) Issuance
(c) Service
(d) Waiving Service
(e) Serving an Individual within a Judicial District of the US
(f) Serving an Individual in a Foreign Country
(g) Serving a Minor or an Incompetent Person
(h) Serving a Corporation, Partnership, or Ass'n
(i) Serving the US, Agencies, Corps., Officers, Employees |
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Pleadings Allowed, Form of Motions and Other Papers
Complaints, answers to complaints, answer to a counterclaim designated as a counterclaim, an answer to a crossclaim, a third-party complaint, an answer to a third-party complaint, and a reply to an answer (if ordered by the court) |
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| A pleading that states a claim for relief must contain: short and plain statement for jurisdiction, short and plain statement showing right to relief, demand for the relief sought |
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| Defenses: must respond to a pleading and admit or deny the allegations (or claim no knowledge [=deny] |
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| Affirmative Defenses: must be stated if exist (accord and satisfaction, assumption of risk, contributory negligence, estoppel, etc.) |
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| Special pleading requirement- fraud must be alleged with specificity |
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| Form of Pleadings (Caption, Separate Paragraphs, Adoption by Reference/Exhibits) |
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| certification by lawyer; care and candor; sanctions |
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| defendant must serve an answer within 21 days of being served unless waived under Rule 4(d), in which case defendant has 60 days |
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defenses by motion
(1) lack of SMJ
(2) lack of PJ
(3) improper venue
(4) insufficient process
(5) insufficient service of process
(6) failure to state a claim upon which relief can be granted
(7) failure to join a party under Rule 19 |
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| lack of subject-matter jurisdiction |
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| lack of personal jurisdiction |
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| failure to state a claim upon which relief can be granted |
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| motion for judgment on the pleadings (after pleadings, but early enough not to delay trial) |
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| Motion for a more definite statement |
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| compulsory counterclaim: must state as a counterclaim any claim that the pleader has against an opposing party if the claim arises out of the same transaction or occurrence and doesn't require adding a party over whom the court has no jurisdiction |
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| pleading may state as a counterclaim any claim (permissive) |
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| 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 or occurrence that is the subject matter of the original action |
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| 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 |
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| 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 |
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| Amended and Supplemental Pleadings |
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| 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 |
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| 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 |
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| permissive joinder of parties: if damages are rightly shared or responsibility rightly shared, the parties can be joined |
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| Intervention: has a relationship to required party, same language, may enter by permission or by right |
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| Required initial disclosures (name, addresses, and telephone numbers of material witnesses; copies of documents or ESI; computation of damages; insurance agreements) |
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| conference of the parties- planning for discovery: at least 21 days before scheduling conference |
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| stipulations about discovery procedure: parties can stipulate that a deposition can be taken at any time by any person |
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| must give written notice to every other party before conduction a deposition |
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| unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts |
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| Producing Documents, Electronically Stored Information, Tangible Things |
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| Physical and Mental Examinations (must be ordered by the court) |
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| 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 |
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| Failure to make disclosures; sanctions |
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| party may move for an order compelling disclosure or discovery if they show that they in good faith attempted to confer with the person |
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| failure to comply with court orders- sanction- leads to striking pleadings, default judgment, not allowing them to support/oppose arguments, etc. |
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| 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 |
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| 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 |
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| Dismissal of Actions- plaintiff can voluntarily dismiss actions. IF plaintiff fails to comply with rules, the defendant can move for dismissal. |
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| Consolidation, Separate Trials- court can consolidate or separate issues/claims to maximize efficiency |
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| Subpoena: if not obeyed, held in contempt of court |
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| Jury selection- attorneys/judges examine jurors and are allowed a number of challenges as established by code |
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| 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 |
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| special verdict- court can have the jury decide only on each issue of fact |
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| 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 |
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| Judgment as a Matter of Law- AFTER trial (judgment notwithstanding the jury) |
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| 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 |
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| 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. |
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| Objections to instructions- must make to have a claim on appeal |
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| 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 |
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| Summary Judgment: any time until 30 days after the close of all discovery |
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| relief from a judgment or order- mistakes |
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| motion to strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter |
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Voluntary Dismissals
Can file (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment
(ii) a stipulation of dismissal signed by all parties who have appeared |
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