Civil Procedure Rules Outline

The Rules Rule 1: Scope and Purpose "just, speedy, and inexpensive" - factors aimed at by the rules Rule 4: Summons (d) Waiving Service. One being served has duty to avoid unnecessary expenses. P may request that D waive service of a summons. Request: in writing, have various info, give at least 30 days (or 60 days if outside US) to return waiver. D who returns waiver gets 60 days (or 90 for outside US) from when the request was sent to answer the complaint. If D fails to waive without good cause, must pay expenses of service and any motion required to collect service expenses. (k) Territorial Limits of Effective Service. Fed court has jurisdiction if state would. 100-mile bulge exception. Rule 8: General Rules of Pleading Include in a complaint: grounds for court's jurisdiction, basis for relief, $ damages, names of P and D, signature of attorney, which court you're filing in In answer, must address all claims, though can generally deny them. If responsive pleading required and allegation not denied, this counts as admission. See Twombly and Iqbal for interpretation Rule 11: Sanctions Allows but doesn't mandate sanctions for errors; lawyers have to make "reasonable under the circumstances" inquiries to certify pleadings. Motion for sanctions can't be filed until 21 days given to a party to fix its mistake. Everything must be signed. Rule 12: Defenses and Objections (a) - D must serve an answer within 21 days if it hasn't waived summons (see R. 4) (b) - Every defense must be asserted in responsive pleading. May assert the following in preanswer motion: (1) - subject matter jurisdiction (2) - personal jurisdiction (3) - improper venue (4) - insufficient process (5) - insufficient service of process (6) - failure to state a claim upon which relief can be granted (7) - failure to join a party under R. 19 12(b)2-5 defenses waived if not included in 1st mot./answ. filed, or amendment as matter/course (c) - judgment on the pleadings motion allowed after closing of pleadings Rule 13: Counterclaim and Crossclaim (a) - Compulsory counterclaim. All claims/counterclaims from same transaction/occurrence must be brought up in pleading first time, as long as they don't require adding a party over whom there is no jurisdiction. (b) - Permissive counterclaims allowed Rule 14: Third-Party Practice (Impleader) D may transform itself into third-party P to bring in a nonparty why may be liable to D for all or part of the claim against D. If more than 14 days after original answer, must get court's permission. P can do this in response to a counterclaim as well. Rule 15: Amended and Supplemental Pleadings May amend as a matter of course within 21 days, or after that with written consent from other party or court's consent (courts "freely permit") Same transaction or occurrence allows relation back Rule 16: Pretrial Conference; Scheduling; Management 1 

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