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1.

Commencement of Action-
a) In order to commence a civil action, a party must file a complaint with the court and service must occur within 120 days of filing. (Rule 3, 4(m))
2. Service of Process
a. Summons must be signed by the clerk, identify the court and the party names, be directed to the defendant, state the name and address of the
plaintiff or plaintiffs attorney, contain the seal of the court, and notify the defendant of the time period the answer must be filed and the
potential of default judgment if they fail to appear. (Rule 4)
b. Service in order to be served a summons must be served with a copy by the plaintiff, and the plaintiff is held responsible for insufficiency of
either service of process or the process itself. Service must be served by anyone who is not a party to the suit and over the age of 18 years old.
c. Waiver of service- Defendants may waive service of the summons upon plaintiffs request to save the costs associated with service. A request
for wavier must be in writing and addressed to the individual defendant, be sent via first class mail or other reliable means, be accompanied by a
copy of the complaint, identify the court where the complaint was filed, inform the defendant of the consequences of waiving, the date on
which the waiver was sent, and allow a reasonable time in which to return the waiver. (Rule 4)
d. Agreement of Waiver- if the defendant agrees to waiver proper service then they dont need to answer the complain until 60days after the
waiver request. Defendants who are located within the judicial district that is litigating the case, defendants located in a foreign country at the
time of service, and corporations have a duty to waive service when requested. (Rule 4)
e. Defense- Under rule 12 (b) a defendant may object to service of process in a motion to dismiss for insufficient service of process. If the plaintiff
fails to properly effect service pursuant to the regulations of rule 4 the case should be dismissed for insufficiency of service.
3. Pleadings and Motions
a. The types of permissible pleadings allowed in federal court are complaint, answer to complaint , answer to counterclaim, answer to cross-claim,
third party complaint, answer to third-party complaint, and reply to answer, if ordered by court. (Rule 7)
b. A complaint that states a claim of relief must contain a short and plain statement of the grounds upon which the courts jurisdiction rests and the
statement of a claim, which if true, would entitle the claimant to relief. The pleading must also contain demand of relief.
i. Relief to be granted Under Rule 54 (c), a default judgment must not differ from or exceed in amount what is demanded in the pleadings.
Final judgment should grant the relief to which partys are entitled even if the party has not demanded it in the pleadings
c. Prior to filing a answer, the defendant may file a motion and raise any of the following defenses under rule 12 (b) lack of subject-matter
jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service or process, failure to state a claim, or failure to
join a party need for just adjudication.
d. Answer to Complaint-In responding to a pleading a party must state defenses to each claim asserted against it and admit or deny the allegations
asserted against it by opposing parties. The affirmative defenses allowed under rule 8 are accord and satisfaction, arbitration and award,
assumption of risk, contributory negligence, duress, estoppels, failure of consideration, fraud, illegality, etc (p. 31-32) (Rule 8). The answer must
be filed within 21 days after a service if the defendant has been formally served. However if formal service is waived than you have 60 days.
e. Counterclaims- Rule 13- If counterclaim arises out of same transaction or occurrence as one of the plaintiffs claims it is compulsory
counterclaim and must be pleaded or it will be barred. Any other counterclaim is permissive and may be asserted even though there is no
connection at all between it and the plaintiffs claim. Permissive Counterclaim is any claim against an opposing party not arising out of the
transaction or occurrence that is the subject matter of the opposing partys claim.
f. Cross-Claim Rule 13- Cross claims can be brought by any party against any co-party when the claim arises out of the same transaction or
occurrence as the original claim or a counterclaim. The cross claim may include a claim that the party against whom it is asserted is or may be
liable for all or part of a claim asserted in the action against the cross-claimant.
g. Amending pleadings Rule 15-A party may amend a pleading after it is filed. A party may amend its pleading once as a matter of course within 21
days after serving it or if the pleading is one to which a responsive pleading is required, 21 days after service of responsive pleading or 21 days
after service or a motion under rule 12(b)(e)or (f). In any other cases a party may amend with leave of the court and has to have the opposing
partys written consent or the courts leave. The court must freely give leave when justice requires and to determine when justice requires the
court will look at the length and reason for delay and prejudice to opposing party as result of the delay. A response to amended pleadings is
required if the initial pleading required a reply.
h. Supplemental Pleadings- Rule 15 The court may, on just terms permit a party on motion and with reasonable notice to serve a supplemental
pleading setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemental.
i. Truthful Pleadings- Rule 11
i. Every pleading, written motion and other paper must be signed by at least one attorney of record in the attorneys name.
ii. Rule 11 (b) Representations to the CourtAny documents presented to court whether by signing, filing, or later advocating indicates that
to the best of the partys knowledge , information, and belief that the documents being presented is not for any improper purpose, the
claims are warranted by existing law, the factual contentions have evidentiary support, and the denials for factual contention are
warranted on evidence.
iii. Sanction- If the court determines that rule 11 has been violated a motion for sanctions may be filed on any attorney, law firm, or party
that violated the rule or is responsible for the violation. Motions for sanction must be made separately from any other motion and must
be described the specific conduct allegedly violates Rule 11(b). The motion be served under Rule 5 but it must not be filed or be
presented to the court if the challenged paper is withdrawn or appropriately corrected within 21 days after service or within another
time the court sets
4. Joinder-
a. Joinder of claims (Rule 18)- A party asserting a claim, counterclaim, cross-claim, or third-party claim may join as independent or alternative
claims, as many claims as it has against an opposing party. There is no requirement that all claims between the parties be related. If the joinder
of claims would leave to jury confusion or some other
b. Joinder of Parties
i. Compulsory Joinder(Rule 19)- - a person who is subject to service of processes and whose joinder will not deprive the court of subject
matter jurisdiction must be joined as a party if in the partys absence the court cant grant complete relief among existing parties or the
party claims an interest relating to the subject of the action and adjudication without the party may impair or impede that partys ability
to protect his or her interests or leave an existing party subject to a substantial risk or incurring double, multiple, or otherwise
inconsistent obligations. If the person has not been joined as required the court must order that the person be made a party. A person
who refuses to join as a plaintiff may be made either a defendant or, in a proper case, an involuntary plaintiff. Also if a party is joined
and they make the venue improper or object then the court must dismiss that party.
ii. Permissive Joinder (Rule 20)- Permissive joinder is used by plaintiffs who want to join together as multiple plaintiffs or want to join
multiple defendants. Multiple persons may be joined together as plaintiffs or defendants in one action if hteri claim arises out of the
same transactions or occurrence and any question of law or fact is common to all plaintiffs.
5. Interpleader(Rule 22)
a. Rule 22- If Rule 22 interpleader is relied on, the normal rules as to subject matter jurisdiction applies. Therefore there must be either a federal
question claim, or complete diversity between the stakeholder and the claimaints and more than $75,000 in controversy. Interpleader is used
where a plaintiff has some holding that would expose the plaintiff to multiple liability from adverse claims. Interpleader is only applicable where
multiple claims demand the same thing or obligation. Interpleader may be initiated by any person who may be exposed to multiple liability
pursuant to rule 22.
b. Statutory 1335- An interpleader is also authorized under federal statute 28 U.S.C. 1335. Statutory interpleader allows a person holding
property on res, which may be or is claimed by two or more adverse claimants, to interplead all possible claimants. The jurisdictional
requirements are less restrictive.
6. Impleader (Rule 14)-
a. Defending parties may as a 3
rd
party plaintiff serve a summons and complaint on a non-party who may be liable for all or part of the plaintiffs
claim against the defendant. The defendant becomes a third party plaintiff and the party served becomes the third party defendant. In order to
file a 3
rd
party complaint a defendant must file a third party complaint within 14 days of filing his answer. The person served with the summons
the summons and third party complaint must assert any defenses against the third party plaintiffs claim under Rule 12, counterclaim agains the
third party plaintiff or defendant under rule 13, any crossclaim against another 3
rd
party defendant under rule 13(g), may assert against the
plaintiff any defenses to the claim, and may assert any claim arising out of the same transaction or occurrence.
7. Intervention (Rule 24) The purpose of intervention is to enable a person outside an action to enter the suit to present an interest, claim, or a defense to
the issues presented by existing parties. If the non-party can meet the test for intervention as a matter of right, then the court must allow the party to
intervene. A non party may also be allowed to intervene by the permission of the court. There are two types of intervention, intervention by right and
intervention by permission. In order to intervene in an action, a non partys request must be timely. In order to test for timeliness the court looks the
length of time the non-party knew or shouldve known about their interest in the case, the extent of prejudice that the existing parties may suffer as a
result of the delay, and the likelihood and gravity of the prejudice the non party may suffer if the application is denied. Intervention by right is upheld
when the intervention is timely, a federal statute gives an absolute right to intervene, or the non-party is asserting a protectable interest relating to the
property or transaction involved in the lawsuit (the non party is so situated that disposing of the action may impair or impeded its ability to protect its
interest and the non-partys interest are not adequately represented by existing parties. Intervention by permission occurs when the non-party may not
intervene in the action as a matter of right then the court may prevent intervention if the party is given a conditional right by a federal statute or the non
party has claim or defense that shares a common question of law or fact with the primary action. When the court exercises its discretion the court must
consider whether the intervention will unduly delay or prejudice the adjudication of the original parties rights
8. Discovery
9. (Rule 26)
a. Scope A party is entitled to demand the discovery of any matter of facts that is relevant to the claim or defense of any party, not unreasonably
cumulative or burdenson, and not privileged. (Rule 26 (b)) A party is entitled to discovery of information that reasonably calculated to lead to
discovery of admissible evidence as long as the question is relevant. (Rule 26 (b)(1)) If the requested information can be obtained from another
source that is more convienent, less burdensome, or less expensive a party may be required to obtain it from that other source.
b. Experts- Rule 26 (a) (2), (b) (4), (c)
c. Privleged matter is not discoverable. When a party withholds information otherwise discoverable by claiming that the party is privilegd or
subject to protection the party must expressly make that claim and describe the nature of the information being withheld.
d. Mandatory disclosures must be made within 2 weeks of initial discovery conference.
i. Name, address and telephone number of individuals likely discoverable info along with subject of the info
ii. Copy or description of all documents
iii. Computation of damages claimed
iv. Insurance agreements
e. Discovery Devices
f. Depositions permit the direct questioning of a party or witness under oath. Depositions are typically conducted orally and every word that is
spoken is recorded verbatim or transcribed. Depositions can be completed with leave of the court or without leave of the court. (Rule 30)
Depositions are limited to only 1 day of 7 hours unless otherwise stipulated by the court.
g. Interrogatories when a party serves the other party with no more than 25 questions that may relate to any matter that may be inquired into
under rule 26(b). Interrogatories must be answered by the party to whom they are directed and must serve its answers and any objections
within 30 days after being served with the interrogatory. The person who answers the interrogatory must sign them and answer them under
oath.
h. Production of Documents- A party may serve the other party a request within Rule 26 (b) to produce and permit the requesting party or its
representative to inspect, copy, test, or sample the following items in the responding partys control any designated documents or electronically
stored information (specific examples Supp. p. 104) stored on any medium from which info can be obtained either directly or if necessary after
translation by the responding party into a reasonably usable form or any designated tangible things.
i. The request must describe with reasonable particularity each item or category of items to be inspected, must specify a reasonable time,
place, and manner for the inspection and for performing the related acts, and may specify the form or forms in which electronically
stored info is to be produced
ii. The response to these request must be in writing within 20 days after being served, for each item or category the response must either
state that inspection and related activities will be permitted as requested or state an objection
i. Subpoena Rule 45
j. Physical and Mental Examinations- Rule 35
k. Requests for admission- A party may serve on the other party a written request to admit the truth of any matters within the scope of Rule
26(b)(1) relating to the facts, the application of law, opinions about either, and the genuineness of described documents. Responses to request
must be sent in 30 days after receiving the request.
l. Work Product Rule 26 (b) (3)- Parties may not discover documents and tangible things that are prepared in anticipation of litigation or for trial
by or for another party or its representative . These materials may be discovered if they are otherwise discoverable under Rule 26 (b)(1) and the
party shows that it has a substantial need for the materials to prepare its case and cannot without undue hardship obtain their substantial
equivalent by other means.
m. Failure to Cooperate or make disclosures Rule 37
10. Summary Judgment(Rule 56) A party may move for summary identifying each claim or defense (or part) on which summary judgment is sought. The
court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment
as matter of law. A party may file for summary judgment at any time until 30 days after the close of discovery.
11. Dismissal Rule 41
n. Voluntary- Subject to rules 23(e), 23.1 (c) , 23.2, 66, and any applicable federal statute, the plaintiff may dismiss an action without the court
order by filing a notice of dismissal before the party serves an answer or a motion for summary judgment. This type of dismissal is done without
prejudice typically.
o. Court Order may dismiss a claim however and operates as an adjudication on the merits
12. Default Judgment (Rule 55)
13. Judgment as a Matter of Law (JMOL Rule 50)After a plaintiff closes his case, the defendant may move for judgment as a matter of law. If granted the
motion results in judgment for the defendant. JMOL is based on evidence actually introduced at trial and the court finds that a reasonable jury would
not have legally sufficient evidentiary basis to find for the party on that issue. The court may resolve the issue against the party or grant a motion for
JMOL against the party on a claim or defense that under controlling law can be maintained or defeated only with a favorable finding on that issue.
Motions for JMOL may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and
facts that entitle them to that judgment.
14. Renewed Motion for Judgment as a Matter of Law (JNOV) Rule 50 (b) Within 28 days after the return of a verdict a party who has properly moved for
JMOL may serve a motion to set aside the verdict and any judgment entered on the verdict.
15. Motion for a new trial Rule 50 If the court grants a renewed motion for judgment as a matter
16. Instructions to the jury Rule 51
17. Forms of Verdicts-Rule 49
a. Special Verdic
b. General Verdict

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