Civil Procedure Rules

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80 Terms

1
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Notice and Service (all)

4

2
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Long Arms

4(k)

3
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Types of Pleadings

7(a)

4
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Complaints (“Claim for Relief”)

8(a)

5
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Answers

8(b)

6
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Affirmative Defenses

8(c)

7
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Inconsistent & Alternative Claims/Defenses

8(d)

8
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Pleading with Particularity: Fraud

9(b)

9
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Pleading with Specificity: Special Damages

9(g)

10
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Signature

11(a)

11
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Representations to Court (PLEE)

11(b)

12
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Sanctions (violation of PLEE)

11(c)

13
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Time to Serve an Answer

12(a)

14
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The 7 Defenses

12(b)

15
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Joining Motions (& Limitations)

12(g)

16
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Waiving & Preserving Certain Defenses (Includes SMJ Dismissal)

12(h)

17
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Compulsory Counterclaims (STO2)

13(a)

18
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Permissive Counterclaims

13(b)

19
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Crossclaim Against a Coparty (STO2 + Always Permissive)

13(g)

20
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Third-Party Practice (Impleader) from a Defendant

14(a)

21
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Amendments Before Trial

15(a)

22
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Relation Back of Amendments

15(c)

23
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Amendments: Supplemental Pleadings (STO2 after date of pleading)

15(d)

24
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Joinder of Claims (Permissive)

18(a)

25
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Required Joinder of Parties: Feasible

19(a)

26
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Required Joinder of Parties: Not Feasible

19(b)

27
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Permissive Joinder of Parties (STO2+CQLF)

20(a)

28
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Court may add/drop a party or sever a claim

21

29
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Interpleader (the “res”)

22(a)

30
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Intervention of Right

24(a)

31
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Permissive Intervention (CQLF among others)

24(b)

32
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Discovery: Required Disclosures

26(a)

33
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Discovery Scope: General (relevant, nonprivileged, proportional)

26(b)(1)

34
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Discovery Scope: Work Product (+MICOLT)

26(b)(3)

35
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Discovery Scope: Experts for Trial Prep

26(b)(4)

36
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Discovery: Protective Orders

26(c)

37
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Depositions (only discovery device available against non-parties)

30

38
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Interrogatories to Parties (25 & scope)

33(a)

39
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Interrogatories: Answers and Objections

33(b)

40
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Producing Documents/ESI

34

41
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Mental and Physical Examinations

35(a)

42
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Requests for Admission: Scope & Procedure

36(a)

43
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Requests for Admission: Effect of Admission

36(b)

44
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Motion to Compel

37(a)

45
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Sanctions (context of discovery/depositions)

37(b)

46
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Failure to Preserve ESI

37(e)

47
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Right to a Jury Trial Preserved from 7th Am

38(a)

48
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Voluntary Dismissal

41(a)

49
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Involuntary Dismissal

41(b)

50
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Separate Trials

42(b)

51
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Subpoenas

45

52
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Selecting Jurors

47

53
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Number of Jurors (6-12)

48(a)

54
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Special Verdict

49(a)

55
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General Verdict w/ Answers to Written Questions

49(b)

56
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JMOL

50(a)

57
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Renewed JMOL

50(b)

58
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Jury Instructions

51

59
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Entering a Default

55(a)

60
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Entering a Default Judgment

55(b)

61
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Summary Judgment (No GDMF and movant entitled to JMOL)

56(a)

62
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Summary Judgment (time to file: til 30d after close of discovery)

56(b)

63
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Grounds for New Trial (any reason heretofore granted)

59(a)

64
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Time to File Motion for New Trial (28d after entry of judgment)

59(b)

65
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Relief from Judgment: Clerical Mistakes

60(a)

66
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Grounds for Relief from a Final Judgment

60(b)

67
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Harmless Error

61

68
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Diversity

28 USC 1332

69
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Federal Question

28 USC 1331

70
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Removal Generally

28 USC 1441(a)

71
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In-State Defendant Rule

28 USC 1441(b)(2)

72
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Removal Procedure

28 USC 1446

73
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Removal Timing

28 USC 1447(c)

74
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Venue

28 USC 1391

75
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Change of Venue

28 USC 1404

76
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Dismiss or Transfer if Improper Venue

28 USC 1406

77
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Erie (Hanna I)

Rules of Decision Act

78
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Hanna (Hanna II)

Rules Enabling Act

79
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Time for Appeals (30d after entry of judgment)

FRAP 4(a)

80
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Interlocutory Appeals

28 USC 1292