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Civ Pro Rules > FRCP > Flashcards

FRCP Flashcards

(74 cards)

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1
Q

Rule 4

A

Outlines the requirements for summons - service of process

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2
Q

Rule 7

A

Outlines what pleadings are allowed

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3
Q

Rule 8(a)

A

A pleading that states a claim for relief must be “short and sweet but complete”

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4
Q

Rule 8(b)

A

In answer, may either admit, deny, or state a “lack of knowledge”

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5
Q

Rule 8

A

General Rules of Pleading

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6
Q

Rule 9

A

Pleading special matters: when pleading fraud, must allege with “particularity”

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7
Q

Rule 10

A

Pleadings must state claims/defenses in numbered paragraphs

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8
Q

Rule 11(a)

A

Every pleading/paper must include:

  • attorney’s signature
  • signer’s address
  • signer’s email address
  • signer’s telephone number
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9
Q

Rule 11

A

Care and Candor in Pleadings

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10
Q

Rule 11(b)

A

By filing pleading/paper, attorney certifies it is not submitted for an improper purpose, and it has a legal and factual basis.

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11
Q

Rule 11(c)

A

Outlines sanctions for violating Rule 11. Sanctions can be made by motion or sua sponte. Sanctions can be varied - must be limited to what is sufficient to deter the behavior.

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12
Q

Rule 12(a)

A

Timing of responsive pleadings:

  • answer: 21 days after service of complaint OR 60 days if waived service (90 days if alien)
  • answer to counter/crossclaim: 21 days
  • reply to answer: 21 days
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13
Q

Rule 12(b)

A

Motion to dismiss for:

 (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 upon which relief can be granted; and
 (7) failure to join a party under Rule 19.
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14
Q

Rule 12(e)

A

Motion for a more definite statement

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15
Q

Rule 12(f)

A

Motion to strike

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16
Q

Rule 12(h)

A

Waiver trap:

  • 12(b)(1) can’t be waived
  • 12(b)(2)-(5) must be made in first responsive pleading or waived
  • 12(b)(6)-(7) can be made any time through trial
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17
Q

Rule 26

A

Rules of discovery (required disclosures, scope, etc.)

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18
Q

Rule 26(b)

A

Outlines scope of discovery

nonprivileged, relevant, proportional

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19
Q

Rule 26(g)

A

Requires certification analogous to Rule 11

Outlines sanctions for improper certification of discovery

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20
Q

Rule 30

A

Outlines requirements for oral depositions

Rules 27-32 also cover depositions

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21
Q

Rule 4(k)(1)(A)

A

PJ in federal court is limited to the same boundaries as state court PJ

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22
Q

Rule 13(a)

A

Compulsory counterclaim

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23
Q

Rule 13(b)

A

Permissive counterclaim

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24
Q

Rule 14

A

Impleader

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25
Rule 15(a)(1)
Amended pleadings as a matter of course 21 days after serving pleading
26
Rule 15(a)(2)
Amended pleadings by leave of court or consent
27
Rule 15(c)
Relation back of amendments Allows relation back (overcome SOL) if same STOO
28
Rule 16
(a) Purposes of a Pretrial Conference. (b) Scheduling. (c) Attendance and Matters of Consideration at a Pretrial Conference. (d) Pretrial Orders. (e) Final Pretrial Conference & Orders. (f) Sanctions (37b2Aii-vii).
29
Rule 16(e)
Final pretrial conference & order - may only be modified to "prevent manifest injustice"
30
Rule 16(f)
Outlines sanctions for violating pretrial conference/orders
31
Rule 18
Permissive joinder of claims
32
Rule 19(a)
Required parties
33
Rule 19(b)
Outlines how to move forward if required party can't be joined
34
Rule 20
Permissive joinder of parties
35
Rule 21
Court may drop a party or sever claims if misjoinder
36
Rule 22
Interpleader
37
Rule 24(a)
Intervention of right
38
Rule 24(b)
Permissive intervention
39
Rule 33
Interrogatories
40
Rule 34
Production of documents
41
Rule 35
Physical & mental examinations
42
Rule 36
Requests for admission
43
Rule 37(a)
Motion to compel discovery
44
Rule 37(c)
Outlines sanctions for failure to disclose
45
Rule 41(a)
Voluntary dismissal
46
Rule 41(b)
Involuntary dismissal
47
Rule 42
Court may order separate trials
48
Rule 45
Subpoena
49
Rule 46
Objections
50
Rule 47
Selecting jurors
51
Rule 48
Must have 6 - 12 jurors Verdict must be unanimous
52
Rule 49(a)
Special Verdict
53
Rule 49(b)
General verdict with answers to written questions
54
Rule 50(a)
aka directed verdict If no reasonable jury could find for the nonmoving party, then judgment should be granted for moving party as a matter of law Can be made any time before case is submitted to jury (once party has been fully heard on an issue)
55
Rule 50(b)
aka JNOV Judge can set aside jury's verdict by granting this "renewed" motion for judgment as a matter of law Party must have previously made a 50(a) motion
56
Rule 51
Jury instructions
57
Rule 52
Findings and conclusions
58
Rule 54
The court may enter final judgment for one or more, but fewer than all, claims/parties only if the court determines there is no just reason for delay
59
Rule 55
Entry of default & entry of default judgment by the clerk/court
60
Rule 56
Summary judgment
61
Rule 12(d)
A MTD under 12(b)(6) or 12(c) that includes matters outside the pleadings turns into a Rule 56 summary judgment
62
Rule 57
Declaratory judgment
63
Rule 58
Entering judgment
64
Rule 59
Motion for a new trial
65
Rule 60
Relief from final judgment
66
Rule 61
Harmless error
67
Rule 65
Injunctions
68
Rule 12(b)(1)
Motion to dismiss for: (1) lack of subject-matter jurisdiction; Cannot be waived
69
Rule 12(b)(2)
Motion to dismiss for: | (2) lack of personal jurisdiction;
70
Rule 12(b)(3)
Motion to dismiss for: | (3) improper venue;
71
Rule 12(b)(4)
Motion to dismiss for: | (4) insufficient process;
72
Rule 12(b)(5)
Motion to dismiss for: | (5) insufficient service of process;
73
Rule 12(b)(6)
Motion to dismiss for: | (6) failure to state a claim upon which relief can be granted;
74
Rule 12(b)(7)
Motion to dismiss for: | (7) failure to join a party under Rule 19.

Civ Pro Rules (3 decks)

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