Civil Procedure FRCP Flashcards

Comprehensive vocabulary flashcards covering the Federal Rules of Civil Procedure (FRCP), key deadlines, standards of review, and notable case precedents.

Rule 1

Provides that the FRCP govern all civil actions in U.S. district courts (except as stated in Rule 81) and should be construed, administered, and employed to secure the just, speedy, and inexpensive determination of every action.

Rule 4(a)

Specifies that a summons must name the court and parties, be directed to the defendant, give the plaintiff's (or attorney's) name and address, state the time to appear and defend, warn that failure means default judgment, and be signed by the clerk with the court's seal.

Rule 4(b)

States that after the complaint is filed, the plaintiff presents the summons to the clerk, who signs, seals, and issues it; a summons must be issued for each defendant.

Rule 4(c)

Requires that the summons be served with a copy of the complaint within the Rule 4(m) time limit by any nonparty who is at least 18 years old; the court may order service by a U.S. marshal (and must for in forma pauperis plaintiffs).

Rule 4(d)

Imposes a duty on defendants to avoid unnecessary service costs. A plaintiff may mail a waiver request giving at least 30 days (60 if abroad) to return it; a refusing U.S. defendant pays later service costs and fees without good cause. A defendant who waives gets 60 days from request (90 if abroad) to answer, without waiving personal jurisdiction or venue objections.

Rule 4(e)

Governs serving an individual in the U.S. by (1) following state law of the forum or service state, or (2) delivering personally, leaving at the person's home with someone of suitable age and discretion who resides there, or delivering to an authorized agent.

Rule 4(i)

Governs serving the U.S., its agencies, and officers: requires delivery to the U.S. attorney (or civil process clerk) AND mailing to the Attorney General (plus challenging agency, if applicable). Sued individually requires serving the U.S. and the officer personally. The court must allow reasonable time to cure if the U.S. attorney or AG was served.

Rule 5(a)

Requires that after the summons and complaint, every later pleading, written motion, discovery paper required to be served, and written notice must be served on each party (except no service is required on a party in default for failing to appear, unless asserting new claims).

Rule 5(b)

Outlines service methods on an attorney representing a party: hand delivery, leaving at office or home, mailing to the last known address (complete upon mailing), leaving with the clerk if address is unknown, e-filing, or any means consented to in writing.

Rule 6(a)

Rules for time computation: for days, exclude the trigger day, count every day (including weekends/holidays), and include the last day unless it is a Saturday, Sunday, or legal holiday. For hours, begin counting immediately. The last day ends at midnight in the court's time zone for e-filing, and at clerk's office closing for other filings.

Rule 6(b)

Permits the court to extend deadlines for good cause before expiration (with or without motion) or on motion after expiration for excusable neglect. Time may NEVER be extended under Rules 50(b) & (d), 52(b), 59(b), (d) & (e), and 60(b).

Rule 7(a)

Exclusively lists allowed pleadings: complaint; answer to a complaint, counterclaim, crossclaim, or third-party complaint; third-party complaint; and a reply to an answer if ordered by the court.

Rule 7(b)

Requires that a request for a court order must be made by written motion, stating the grounds with particularity and the relief sought.

Rule 7.1

Requires a nongovernmental corporate party to disclose any parent corporation and any publicly held corporation owning 10% or more of its stock. In diversity cases, parties must name and state the citizenship of everyone attributed to them; filed upon first appearance and updated promptly.

Rule 8(a)

Sets forth that a claim for relief must contain (1) a short and plain statement of the grounds for jurisdiction, (2) a short and plain statement of the claim showing entitlement to relief, and (3) a demand for the relief sought.

Rule 8(b)

Requires admissions or denials fairly responding to allegations. A general denial is only permissible in good faith; partly true allegations must be admitted in part. Stating lack of knowledge operates as a denial. Unresponded-to allegations are deemed admitted, except damages.

Rule 8(c)

Mandates that affirmative defenses (e.g., fraud, statute of limitations, waiver) must be stated affirmatively or they are waived (Ingraham). A mislabeled defense or counterclaim is treated as correctly designated if justice requires.

Rule 8(d)

Requires allegations to be simple, concise, and direct, allowing claims or defenses to be pleaded alternatively, hypothetically, or inconsistently.

Rule 8(e)

Directs that pleadings must be construed so as to do justice.

Rule 9(b)

Requires that allegations of fraud or mistake must be stated with particularity, whereas malice, intent, knowledge, and other conditions of mind may be alleged generally.

Rule 10

Establishes the form of pleadings: (a) caption with court name, title, file number, and Rule 7(a) designation; (b) numbered paragraphs limited to a single set of circumstances; (c) adoption of statements by reference and treating exhibits as part of the pleading.

Rule 11(a)

Requires every pleading, motion, and paper to be signed by an attorney of record (or unrepresented party), including address, email, and telephone number; verification is not required unless specified by rule or statute.

Rule 11(b)

Certifies upon presentation that after reasonable inquiry: (1) there is no improper purpose, (2) legal claims are nonfrivolous, (3) factual contentions have or likely will have evidentiary support, and (4) denials are warranted on the evidence or reasonably based on lack of information.

Rule 12(a)

Sets answer deadlines: 21 days after service, 60 days after waiver request was sent (90 days if abroad), 21 days for counterclaims/crossclaims, 60 days for the U.S., and alters the deadline to 14 days after notice of the court's action on a Rule 12 motion.

Rule 12(b)

Enumerates pre-answer defenses: (1) lack of SMJ, (2) lack of PJ, (3) improper venue, (4) insufficient process, (5) insufficient service of process, (6) failure to state a claim, and (7) failure to join a Rule 19 party.

Rule 12(c)

Allows a party to move for judgment on the pleadings after the pleadings are closed but early enough not to delay trial.

Rule 12(d)

Mandates that if matters outside the pleadings are presented and not excluded on a Rule 12(b)(6) or 12(c) motion, the motion must be treated as one for summary judgment.

Rule 12(e)

Permits a party to move for a more definite statement when a pleading is so vague or ambiguous that they cannot reasonably respond; the court may strike the pleading if the order is not obeyed within 14 days.

Rule 12(f)

Authorizes the court to strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

Rule 12(g)

Permits consolidation of Rule 12 motions and bars making a successive Rule 12 motion raising an available defense that was omitted from the first, except as provided under Rule 12(h)(2)-(3).

Rule 12(h)(1)

Provides that defenses under Rule 12(b)(2)-(5) (PJ, venue, process, service) are waived if omitted from an initial Rule 12 motion or responsive pleading; they cannot be 'reserved' (Hunter v. Serv-Tech).

Rule 12(h)(2)

States that failure to state a claim, failure to join a required party, and failure to state a legal defense may be raised in any pleading, in a Rule 12(c) motion, or at trial.

Rule 12(h)(3)

Requires the court to dismiss the action at any time if it determines that it lacks subject matter jurisdiction.

Rule 15(a)

Directs that leave to amend pleadings should be freely given when justice so requires, in the absence of bad faith, undue delay, or undue prejudice to the opposing party (Beeck v. Aquaslide).

Rule 15(c)(1)(A)

Provides that an amendment relates back to the date of the original pleading when the law providing the applicable statute of limitations allows relation back.

Rule 15(c)(1)(B)

Provides that an amendment relates back when it asserts a claim or defense arising out of the conduct, transaction, or occurrence set out in the original pleading (Bonerb).

Rule 15(c)(1)(C)

Governs relation back when changing a party; requires meeting (1)(B), occurring within the Rule 4(m) period, lack of prejudice on the merits, and that the party knew or should have known action would be brought against it but for a mistake regarding identity (Krupski v. Costa Crociere).

Rule 16(a)

Authorizes the court to order pretrial conferences to expedite disposition, establish control, discourage wasteful activities, improve trial preparation, and facilitate settlement.

Rule 16(b)

Requires the judge to issue a scheduling order within the earlier of 90 days after any defendant is served or 60 days after any defendant appears, establishing time limits for joinder, amendment, discovery, and motions.

Rule 16(b)(4)

Dictates that a scheduling order may be modified only for good cause and with the judge's consent.

Rule 16(c)

Requires represented parties to authorize an attorney to make stipulations and admissions regarding issues, discovery, and settlement; stipulations may be encouraged but cannot be coerced (J.F. Edwards).

Rule 16(d)

Requires the court to enter a pretrial order reciting action taken after any conference, which controls the course of the action unless modified.

Rule 16(e)

Allows modification of a final pretrial order only to prevent manifest injustice (Davey factors). A joint pretrial order supersedes earlier pleadings, and claims omitted from it are waived (Elvis Presley Enterprises v. Capece).

Rule 16(f)

Authorizes the court to issue sanctions if a party or attorney fails to appear, is substantially unprepared, does not participate in good faith, or fails to obey a scheduling or pretrial order.

Rule 26(a)(2)(A)-(C)

Mandates disclosure of testifying expert witnesses. Retained experts must provide a signed written report containing opinions, bases, data, exhibits, qualifications (past 10 years publications), testimony history (past 4 years), and compensation. Non-retained experts require a summary of facts and opinions.

Rule 26(a)(2)(D)-(E)

Sets expert disclosures due at least 90 days before trial (rebuttal within 30 days after the other party's disclosure) unless stipulated or ordered, with ongoing duties to supplement under Rule 26(e).

Rule 26(b)(3) / Hickman v. Taylor

Protects work product (tangible materials prepared in anticipation of litigation) from discovery absent a showing of substantial necessity or undue hardship/justification.

Rule 26(f)

Requires parties to confer at least 21 days before a Rule 16(b) conference or scheduling order to discuss settlement, claims/defenses, disclosures, and submit a discovery plan in writing within 14 days.

Rule 38(b)

Permits a party to demand a jury trial on any triable issue by serving a written demand no later than 14 days after the last pleading directed to the issue is served and filing it under Rule 5(d).

Rule 38(d)

Specifies that a party waives a jury trial unless properly demanded and filed; a proper demand may be withdrawn only with all parties' consent.

Rule 52(a)(6)

Dictates that trial court findings of fact must not be set aside unless clearly erroneous, giving due regard to the trial court's opportunity to evaluate witness credibility.