Civ Pro Unit 3
Terms
undefined, object
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- Rule 1
- Purpose and Scope of rules
- Rule 2
- One form of action known as civil action
- Rule 7
- Pleadings Allowed; Form of Motions
- Rule 7(a)
- Pleadings; complaint and answer; reply to counterclaim
- Rule 7(b)
- Motions and other paoers; made in writing
- Rule 8
- General Rules of Pleading
- Rule 8(a)
-
Claims for relief;
(1) jurisdiction
(2) statement of claim
(3)demand for judgment - Rule 8(b)
- Defense; Form of Denials
- Rule 8(c)
- Affirmative Defenses
- Rule 9
- Pleading Special Matters
- Rule 9(b)
- particularity for fraud or mistake
- Rule 10
- Form of Pleadings
- Rule 10(a)
- Caption; Name of parties, title of the action, file number and a designation (complaint)
- Rule 10(b)
- Paragraphs; Separate statements
- Rule 11
-
Signing of Pleading, Motions and Other papers;
(a) requires signature
(b) representation to the court; no harass
(c) sanctions; made by motion or on court's initiative - Rule 12
- Defenses and Objections
- Rule 12(a)
- When presented; 20 days or 60 if service waived under 4(d)
- Rule 12(b)
- How presented; by repsonsive pleading
- Rule 12(b)(1)
- lack of Subject Matter Jurisdiction; Most favored, can be brought up at any time
- Rule 12(b)(2)
- Lack of JOP;least favored
- Rule 12(b)(4)
- Insufficiency of Process
- Rule 12(b)(5)
- Insufficiency of Service of process
- Rule 12(b)(6)
- Failure to state a claim upon which relief can be granted
- Rule 12(b)(7)
- Failure to join a party under Rule 19.
- Rule 12(c)
- Motion for Judgment on the Pleadings
- Rule 12(d)
- Preliminary Hearings
- Rule 12(e)
- Motion for more definite statement
- Rule 12(f)
- Motion to strike; for pleading an insufficient defense, redundant, immaterial or scandalous
- Rule 12(g)
- Consolidation of Defenses in Motion
- 12(h)
-
Waiver;
(1) lack of JOP, improper venue, insufficiency of process and insufficiency is waived if not in first motion - Rule 13
- Counterclaim and Cross-claim
- Rule 13(a)Compulsory Counterclaim
-
-related to main action
-if not raised, waived
-res judicata
-cannot be part of pending litigation - Rule 13(b)Permisive COunterclaim
- not related to main action; not recognized in MD
- Rule 13(g)
- Cross-claim against a co-party
- Rule 13(h)
- Joinder of additional parties
- Rule 14
-
Third party practice
(a)when defendant can bring
(b)when plaintiff can bring - Rule 14(a)
- When defendant may bring in 3rd party
- Rule 14(b)
- When Plaintiff may bring in 3rd party
- Rule 15
- Amended and Supplemental Pleadings
- RUle 15(a)
- Amendments
- Rule 13(a)
- Compulsory counterclaims
- Rule 13(b)
- Permissive counterclaims
- Rule 15(b)
- Conform to the evidence
- Rule 15(c)
- Relation back
- Rule 15(d)
- Supplemental Pleadings
- Rule 17
-
Parties plaintiff and defendant; capacity;
(a) real party interest
(b) capacity to sue or be sued
(c)Infants or incompetents - Rule 18
- Joinder of Claims and Remedies
- Rule 19
- Joinder of persons needed for just adjudication
- Rule 20
-
Permissive Joinder of Parties
(a)permissive
(b)Separate trials - Rule 21
- Misjoinder and Nonjoinder of parties
- Rule 22
- Interpleader
- Rule 23
- Class Action
- Rule 23(a)
-
Must have;
Commonality
Adequecy
Numerosity
Typicality - Rule 23(b)
- Class actions maintainable
- Rule 23(c)
- Certification
- Rule 23.1
- Derivative actions by shareholders
- Rule 24
- Intervention
- Rule 24(a)
- Intervention of Right
- Rule 24(b)
- Permissive Intervention
- Rule 38
- Right to jury trial
- Rule 42
- Consolidation; separate trials
- Rule 55
- Default
- Rule 56
- Summary Judgment
- Rule 57
-
Declaratory Judgments
Sec. 2201 - Rule 64
- Seizure-Fuentes was writ of replevin
- Rule 65
-
Injunctions
(a) Preliminary Injunction
(b)TRO (10 days) - 1920
- Costs; typically no attorney fees (1988 provides for civil rights fees)
- 2202
- Provides further relief
- Rule 13(a) Compulsory Counterclaim (D v. P)
-
-related to main action
-if not raised waived
-res judicata prevents from being brought again
-cannot be subject of pending litigation - Rule 13(b) Permissive Counterclaim
-
-not related to main action
-not recognized in MD