Federal Rules of Civil Procedure

Rule 65, (a) and (b)

Injunctions and Restraining Orders.
65(a): Preliminary injunction
65(b): Temporary restraining order

Rule 8, (a)

General Rules of Pleading.
8(a)(1-3): short and plain statement of jurisdiction, why entitled to relief, and relief sought.

Rule 10, (a), (b), (c)

Form of Pleadings.
10(a): caption
10(b): paragraphs
10(c): adoption by reference

Rule 12(b)

How to Present Defenses.
12(b)(1): lack of subject matter jurisdiction
12(b)(2): lack of personal jurisdiction
12(b)(3): improper venue
12(b)(4): insufficient process
12(b)(5): insufficient service of process
12(b)(6): failure to state a claim upon which relief can be granted
12(b)(7): failure to join a party under Rule 19

Rule 15, (a) and (c)

Amended and Supplemental Pleadings.
15(a): amendments before trial
15(a)(1): “as a matter of course”
15(a)(2): “freely given when justice so requires.”
15(c)(1): relation back of amendment

Rule 11, (a), (b), and (c)

Integrity of Pleadings.
11(a): signature

11(b)(1): “to the best of my knowledge after reasonable inquiry”
11(b)(2): “existing law or non-frivolous argument”
11(b)(3): “basis for factual support or show will have factual support after discovery”

11(c): sanctions
(notice/opportunity, 21 days to correct, judge may initiate on its own, penalties)

Rule 18

Permissive Joinder of Claims.
Can join as many claims against a defendant as you want, even if unrelated.

Rule 20

Permissive Joinder of Parties.
Can join as many parties as long as:
1) same transaction, 2) common question of law or fact

Rule 13

Counterclaims and Crossclaims.
13(a): compulsory counterclaims
13(b): permissive counterclaims
13(g): crossclaim, arise out of same transaction as original claim

Rule 26 (a) and (b)

Scope of Discovery.
26(a): mandatory initial disclosures, must have i) witnesses, ii) documents, iii) computation, iv) insurance agreements.
26(b): scope, parties entitled to demand discovery of any matter: 1) relevant to claim or defense, 2) not privileged, 3) proportional.

26(b)(3): work product doctrine, documents prepared in anticipation of litigation, requesting party must have substantial need and cannot obtain info otherwise. Opinion work product never discoverable.

Rules 27-32

Depositions.
Under oath, useful at trial, only tool for non-parties.
Limited: up to 10, only 7 hours per.
Most useful discovery method.

Rule 33

Interrogatories. 
Written, under oath, useful for basic need to know details. 
Limits: No more than 25 questions to one party. 

Rule 34

Production of Documents and Things. 
Only can be served on parties, defining scope is hard. 
Second most useful discovery method. 

Rule 35

Physical and Mental Examinations.
Conditions must be in controversy and must get a court order ahead of time.
Claims for exams must be critical to the case.

Rule 36

Request for Admission.
Least used. Uncontested facts don’t need to be admitted.

Rule 37, (a), (b), and (c)

Failure to Cooperate in Discovery.
37(a): motion for order to compel disclosure
37(b): motion for sanctions
37(c): continuing obligation to supplement

Rule 56

Summary Judgment.
Three requirements: 1) no genuine issue of material fact, 2) entitled to judgment as a matter of law, 3) viewed in light most favorable to non-movant.