Pre-trial Flashcards
(25 cards)
Rule 7(a)
Pleadings allowed
Rule 7(b)
motions and other papers: be in writing, state grounds seeking that order, state relief sought. same rules as pleadings apply to motions and other papers
Rule 8(a)
Claim for relief (complaints) must contain: jurisdiction, short & plain statement of claim showing that pleader is entitled to relief, a demand for relief sought. Iqbol & Twombly.
Rule 8(b)
Defenses; admissions and denials.
Rule 8(c)
Affirmative defenses that defendant needs to raise in answer
Rule 9
Pleading special matters
Rule 10
form of pleadings
Rule 12
Defenses and objections: when and how presented; motion for judgment on the pleadings; consolidating motions; waiving defenses; pretrial hearing
Rule 12(a)
time to serve a responsive pleading: defendant must serve an answer within 21 days after being served. if waived service under rule 4(d) - 60 days after request for waiver sent
Rule 12(b)
defenses - only get one before you answer.
Rule 13
counterclaim and crossclaim
Rule 14
Third party practice - when a defending party may bring in a third party, when a plaintiff may; claims and defenses
Rule 15
Amended and supplemental pleadings
Rule 15(a)
Amendments before trial; freely allowed: 21 days after serving it or if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading/service of a motion under rule 12
Rule 15(b)
Amendments during and after trial: court should freely permit an amendment when doing so will aid in presenting the merits
Rule 16
pretrial conferences
Rule 17
plaintiff and defendant; capacity; public officers
Rule 18
joinder of claims
Rule 19
required joinder of parties
Rule 20
permissive joinder of parties
Rule 21
misjoinder and nonjoinder of parties
Rule 22
interpleader
Rule 23
class action
Rule 24
Intervention: forcing your way into a lawsuit
