





















Study with the several resources on Docsity
Earn points by helping other students or get them with a premium plan
Prepare for your exams
Study with the several resources on Docsity
Earn points to download
Earn points by helping other students or get them with a premium plan
Community
Ask the community for help and clear up your study doubts
Discover the best universities in your country according to Docsity users
Free resources
Download our free guides on studying techniques, anxiety management strategies, and thesis advice from Docsity tutors
Federal Rules of Civil Procedure with notes.
Typology: Cheat Sheet
1 / 29
This page cannot be seen from the preview
Don't miss anything!
#4(a) - CONTENTS; AMENDMENTS....................................................................................... 3 #4(a)(1) - CONTENTS........................................................................................................ 3 #4.1 - SERVING OTHER PROCESS.............................................................................................. 8 #5 - SERVING & FILING PLEADINGS & OTHER PAPERS................................................................ 9 #5.1 - CONST CHALLENGE TO STATUTE: NOTICE, CERT & INTERVENTION...................... 11 #5.2 - PRIVACY PROTECTION FOR FILINGS MADE W/ COURT............................................. 12 #6 COMPUTING & EXTENDING TIME; TIME FOR MOTION PAPERS........................................... 14 #7 - PLEADINGS ALLOWED; FORM OF MOTIONS & OTHER PAPERS....................................... 16 #7.1 - DISCLOSURE STATEMENT.............................................................................................. 16 #8 - GEN RULES OF PLEADING....................................................................................................... 17 #9 - PLEADING SPECIAL MATTERS................................................................................................ 19 #10 - FORM OF PLEADINGS............................................................................................................. 21 #11 - SIGNING PLEADINGS, MOTIONS, & OTHER PAPERS; REPA TO COURT; SANCTIONS. 22 #12 - DEFS & OBJS: WHEN & HOW PRESENTED; MOTION FOR JUDGMENT ON PLEADINGS; CONSOLIDATING MOTIONS; WAIVING DEFS; PRETRIAL HEARING.......................................... 24 #13 - COUNTERCLAIM & CROSSCLAIM......................................................................................... 27 #14 - AMENDED & SUPPLEMENTAL PLEADINGS......................................................................... 28
● Govern procedure in all civil actions & proceedings in U.S. district courts, except as stated in Rule 81 ● Should be construed, administered, & employed by court & parties to secure just, speedy, & inexpensive determination of every action & proceeding
● There = 1 form of action - civ action ● Establish that equity & CL has merged
● Civil action is commenced by filing a complaint w/ court ○ i.e. begins when P files compl ● Anything before complaint is pre-litigation
b) Leaving a copy of each at individual's dwelling or usual place of abode w/ someone of suitable age & discretion who resides there; or c) Delivering a copy of each to an agent authorized by appointment or by law to receive service of process f) Serving an individual in a foreign country
● If waiver is signed & returned, you can still make these & all other defenses & objections, but you cannot object to absence of a summons or of service ● If you waive service, then you must, w/in time specified on waiver form, serve an answer or a motion under Rule 12 on P & file a copy w/ court ● By signing & returning waiver form, you are allowed more time to respond than if a summons had been served
a) In general
e) Sending it to a registered user by filing it w/ court's electronic-filing system or sending it by other electronic means that person consented to in writing—in either of which events service is complete upon filing or sending, but is not effective if filer or sender learns that it did not reach person to be served; or f) Delivering it by any other means that person consented to in writing— in which event service is complete when person making service delivers it to agency designated to make delivery
a) Notice by a party
g) Option for filing a reference list
● Deadlines ● Don't use shortcuts- count days (lots of exceptions/rules of which days count- EX: holidays, business days, etc.) a) Computing time
● Pleading is a document that asserts claims & motions a) Pleadings
a) Who must file; contents
a) Claim for relief
● Special pleading rule in claims to fraud ● Fraud must be alleged w/ particularly- more than is required in rule 8 a) Capacity or authority to sue; legal existence