Rules Titles Standard

Scope/purpose;
1, 3 commence action
Civil cases follow FRCP: complaint starts action

83 Local Rules/Judge Judge/courts rules (abide fed law)

Pleading; Form of Allowed pleadings (paired); ct request must be in

7 Motions motion
Filing w/n reasonable time with clerk or judge,
5(d) Filing
electronic filing (follow local rule)
State jd, show pleader entitled to relief, demand
8(a) Claim for relief
for relief
Pleading be Concise
8(d)(1) & Direct
Allegation - simple, concise and direct
Construing
8(e) Pleadings
Must be just

10 Form of Pleadings Captions, paragraphs, exhibits

84 Forms They're sufficient

9(b) Fraud Plead w/ particularity

11(a) Signature Must be signed

Representations to You can't continue to advocate if you find out it's
11(b) the Court wrong
Representations to improper purpose - mainly applies more to
11(b)(1) the Court (cont.) motions that original suits (ex: suingKKK)
Legal contentions (claims and def). Need to be
Representations to
11(b)(2) the Court (cont.)
warranted by existing law OR nonfrivilous
arguments

Representations to Facts must be evidentiarily supported. If you

11(b)(3) the Court (cont.) expect to find support in discovery: IDENTIFY

Representations to
11(b)(4) the Court (cont.)
Reasons to deny: evidence, belief or lack of info

11[c](1) General Ct may sanction; firm jointly responsible

Party may move for sanctions alleging 11(b)(2)

11[c](2) Motions for Sanction
violations
Ct may order atty/party to show cause for conduct
11[c)(3) Ct's iniative
violating 11(b)
11[c)(4) Nature of Sanction What suffices to deter repetition of conduct
Can't sanction plaintiff for lawyer's bad legal
11[c)(5) Monetary sanctions
decisions, under 11©(3) ct has to give you time
Need order for 11©(5) - must describe conduct
11©(6) Requirements
and explain basis of sanction
11(d) N/A to Discovery N/A to discovery
 Alternative theory of claims/defenses are allowed-
Alt. Statements of a
8(d)(2) claim or defense
pleading is sufficient if any one of them is
sufficient… 5(a)(1)(d) req. service of motions
Inconsistent Claims Free to plead inconsitent statements - as long as 1
8(d)(3) or Defenses is sufficient
Party can join as many claims as you have against
18(a) Joinder/In general
opp party / stacking doesn't hv to be related
Consolidation/Separ Cts can join, consolidate or issue other orders to
42 ate Trials save $ and prevent delay (b) right to jury trial
JD and Venue
82 unaffected
Rules don't extend or limit juris OR venue
Permissive Joinder of
20 Parties
Parties hv to be related but don't have to be joined

20(a)(1) Plaintiffs and Parties may be joined if same trans + common

(2) defendants question of law OR fact

20(a)(3) Extent of relief All not responsible for same

Separating trials: if adding another d would cause
20(b) Protective measures predjuice we can separate.- is for ppl; 42(b) same
as 20(b)-- this is for claims
Misjoinder &
Can't dismiss action b/c of joinder issues/ ct can
21 Nonjoinder of
add/drop parties
parties
Trial by Jury as defined in 7th Amendment is
38 Jury Trial preserved. Party may demand jury, ct/parties can
manage jury.
Must contain name of court and parties, tells
Content of
4(a) Summons
defendant what to do/where to go. 4(a)-4(m)
service for complaint
Issuance of Describes how plaintiff gets the summons issued
4(b) summons by court
Summons and complaint must be served by a
4© Service person at least 18/ Ct may order service by
Marshal
4(d) Waiving Service How to get out of strict service requirements.

Waiver request sent to defendant in writing with

4(d)1 Requesting Waiver complaint and 2 copies of waiver form, prepaid
return. Informs defendant of consequences.

If defendant fails without cause, must pay for later

4(d)2 Failure to Waive
service/related expenses
Waiving Service give you 60 days to serve an
4(d)3 Time to Answer
answer (from date request was sent)
Proof of service not required, service called good
4(d)4 Filing a Waiver
at date of filing waiver.
 Defendant does not waive any jurisdiction or
4(d) 5 jurisdiction/venue venue objections they may have by waiving
service.
Service according to state law (where suing, or
4(e)1 Serving Individuals
where serving)
Explicit methods of Delivering personally, leaving with resident of
4(e)2 service home of suitable age/discretion/agent of process
Service according to state law or delivering to
Serving
4(h) Corporations
officer/managing agent/agent of process **This is
just notice -- not jurisdiction**
4(l) Proving Service Must get affidavit from court clerk
Defendant must be served within 120 days after
4(m) Time Limits
complaint is filed, must show cause to extend
Plaintiff may amend as matter of course within 21
Freebie days after serving complaint, or within 21 days
15(a)1 (P) Amendments after service of defendant's response (answer or
motion)
Defendant may amend as matter of course within
21 days after serving answer, or, if he makes a
15(a)1 (D) claim that requires a response, within 21 days
after Plaintiff's response.
Party may amend with opposing party written
15(a)2 Other Amendments consent or court permission. The court should
freely grant leave.
Required response to amended pleading must be
15(a)3 Time to Respond made within 14 days, or within time remaining to
respond to original pleading, whichever is later
Party must respond to allegations. Must either
8(b) Defenses
admit, deny, or state that they lack knowledge.
Must assert affirmative defenses -- contributory
negligence/statute of limitations -- in answer.
8c Affirmative defenses
Court must construe a/d's or counterclaims as if
correct if justice requires
Alternative
Pleadings may contain alternative or inconsistent
8(d) 2-3 Statements/
statements.
Inconsistencies

Compulsory Pleading must state counteclaims if they arise out

13(a) Counterclaims of the same transaction.
Permissive
13(b) Counterclaims
You can bring unrelated claims as counterclaims
Supplemental
13(e) Pleading?
Mentioned but not studied
May state a cross claim that arises out of the same
13(g) Crossclaims
transaction.
Rule 20 governs joinder of parties for
13(h) Counterclaim Joinder
counterclaims as well
Separate
13(i) trials/Separate Court can separate acc. to Rule 42
judgments
 Covers service after the original complaint (rule 4)
5 Service
service for answer
Service When Everything has to be served to each party, unless
5(a) Required they fail to appear
You may serve the attorney, personally or leaving
How to Serve an
5(b) Attorney
at their office with the person in charge. You can
also serve at the person's dwelling.
The Court may Order that all co-parties don't have
Serving Numerous to be served with every pleading. No party is
5c Defendants assumed to admit anything from other parties'
answers.
Computing and These computing rules apply to any time period
6 Extending Time specified in the FRCP.
Exclude the day that triggers the period, count
Period Stated In every day, don't worry about weekends or
6(a)1 Days holidays unless the count ends on a weekend or
holiday.
Begin counting immediately, count every hour. If
the count ends on Saturday/Sunday/Holiday, the
6(a)2 Hours
time ends at the same time on the next day that
counts.
If Clerk's office is inaccessible, the time is
Inaccessiblity of extended to the first accessible day that counts. If
6(a)3 Clerk's Office it is an hour period, it is extended to the same
time on the next day that the office is accessible.
The last day ends when the clerk's office is
6(a)4 Last Day scheduled to close, or at midnight for electronic
filing.
The next day is determined by counting forward
6(a)5 Next Day when the period is measured after and event and
backward if measured before an event.
NYD, MLK, Wash, Memorial, 4July, Labor,
Columbus, Veterans, Thanksgiving, Christmas or
6(a)6 Legal Holidays
any state holiday or holiday declared by
Pres/Congress
The Court may, on motion, or on its own, extend
the time if an extension is requested before the
6(b) Extending Time
due date. The court may extend on motion If the
requesting party has an excuse.

Written Motion/Notice must be served at least 14

6(c ) Motions/Notice days before the time specified for the hearing. Any
supporting affidavit must be served with motion

3 days are added at the end of any time period

6(d) Additional time
when service is made by mail.
 21 days after service / 60 days after request for
Time to serve a
12a1 responsive pleading
waiver /21 days after counterclaim or order to
reply is served

12(a)(4) Effects of a Motion 14 days after court's decision

How to Present Must assert before responsive pleading if one is

12(b) Defenses required

12(b)1 Lacks SMJ Most flexible

12(b)2 - PJ, Venue,

Insufficient Process Procedural rejections / treated more harshly
(5) & Service of Process
State a claim upon
Attacking pleading on legal stands / treated better
12b(6) which relief can be
than 2-5
granted
Motion for Judgment
12© on the pleadings
Post-answer move for judgment on pleadings
Result of Presenting
Matters outside pleadings can be brought to court
12(d) Matters Outside
in 12(b)(6) and 12© motions
Pleadings
Motion for more Pleading is too vague / motion to make it more
12(e) definite statementclear
Ct may strike insufficient defense of legally
12(f) Motion to strike
insufficient matter
May be joined with any other motion allowed w/
12(g) Joining Motions
this rule
Waiving and
12b 2-5 are waived if not in first motion, answer or
12(h)1 Preserving Certain
freebie (as a matter of course)
Defenses
12(b)(6) or failure to statement a legal defense to
12(h)2 claim can be raised in pleading, motion or trial

12(h)3 Lack of SMJ Subject matter anytime

12(i) Hearing before Trial 12b 1-7 and 12c must be heard and decided before trial
ExceptionBuzz Word Policy
Just, speedy, and
inexpensive
Discretion w/ fed rules
in mind
Motions written,
Motion to dismiss particularity, state
relief
Filing Instructions

"show"

Justice (w/ 8(a))

Misrep, material fact,

Intent = general
fraud intent, justifiable
(no need to plead)
reliance, damage

reasonable inquiry

harass, delay, costs

nonfrivilous

evidentiary
support /
reasonable opp for
discovery
 same transaction

Courts usually find same

same transaction
transaction / can stretch

Preserved

Summons can be
amended
 "When Justice So Amendments are
Requires" Favored

Claim pending
Use it or Lose it
elsewhere

same transaction
if it ends on
Saturday/Sunday/h
oliday

ex parte/different
times in rules/court
order sets different
time
If no resp pleading
needed, can assert
at trial

Post-Answer

Pre-Answer

Pre-Answer
Objection not
available
1) not available at
time 2) freebie
amendment

If ct says at trial
 Related RulesTime Constraints Cases

Reasonable time

8(e) helps intepret this rule leatherman, zwierk, iqbal

Helps you interpret 8(a)(2) Iqbal

General Cigar, Scott,

Anderson

Garr

Mars (Plessy v. Furg

reference) Walker

8(b)(5) lack of info beckman

Beckman
After notice AND a
walker
reasonable opp to respond
Must serve under Rule 5 and
must not file for 21 days aft
svc
11(c](5) regulates this

11(b)(2) Beckman, Walker

 Truck driving hypo about
drunkard
Hypo about man raping
lady (has to be either way)
Simlar to 13(a) (comp cntr) /
Contrast with 20 (permis
joinder)

Novartis, SAP America,

WWVW, Helicol, Beatrice and
Grace (HB 14), Rayfield,
McDonald, Potts

Rule 42
(misjoinder/severence), Rule
20, Rule 18
Rule 42
(misjoinder/severence), Rule
20, Rule 18

Mullane

4m

6d give defendant 30 days

60 days from mailing

 Burnham

40

120 days

sabatini

sabatini

Foman Factors: Undue

Delay/bad faith/repeated
anderson, beeck
failure/undue marginal
prejudice/futility

anderson, beeck

11d beckman

Harris, La Font, Smith-

Haynie

Counterclaim must be
available at time of Keisser
complaint

if Zurcher had sued Asahi

42
 21 days after service / 60
4(d)
days after request for waiver

14 days after court's

decision

12(g)

12(g)

12(g), 12(h)(1)A and B

12(g), 12(h)2 erickson

Austin

12(b)(6) and 12© Erikson

21 days
FormsConsequences

11

11, 7

HB (104),
Form 21

2 Ct. will strike

Sanctions (11)© at ct's

discretion
Sanctions (11)© at ct's
discretion

Sanctions (11)© at ct's

discretion

Sanctions (11)© at ct's

discretion

11(b)(2) sanction

Sanction 11[c)(4) and 5

 Form 3

Form 5
(Waiver
Request
example)F
orm 6
(actual
waiver
form)
 Court can dismiss w/o
prej

30
30