Federal Rules of Civil Procedure

Rules

Rule 1 (GOVERNING)

Scope and Purpose: Governs the procedure of all civil actions in US District courts. Employed to secure the just, speedy and inexpensive determination of every proceeding.

Rule 2 (GOVERNING)

One form of Action: Civil Action

Rule 3 (GOVERNING)

Commencing an Action. A civil action is commenced by filing a complaint with the court

Rule 7 (GOVERNING)

Pleadings allowed; forms of motions

Rule 7(a) (GOVERNING)

Pleadings:

complaint, answer to complaint, answer to counterclaim, answer to crossclaim, third party complaint, answer to third party complaint, reply to an answer

Rule 7(b) (GOVERNING)

Motions and other papers:

1) Request for court order must be made by motion which must: be in writing, state particularity-ly the grounds for seeking the order, and state relief sought.

Rule 11( c ) (GOVERNING)

Sanctions: if rule 11(b) is violated, the court may impose appropriate sanctions on any party responsible for violation.

Rule 8 (COMPLAINT)

Claim for relief

Rule 8(a) (COMPLAINT)

A pleading that states a claim for relief must contain a short and plain statement showing: courts jurisdiction, entitlement of relief, and relief sought.

Rule 8(b) (ANSWER)

Defenses; admissions and denials

Rule 8(b)(1) (ANSWER)

When responding to a pleading a party must:
a) plainly state defenses to each claim asserted
b) admit or deny the allegations

Rule 8(b)(2) (ANSWER)

Denials: must fairly respond to allegation

Rule 8(b)(3) (ANSWER)

General and specific: deny all allegations or only deny some or deny all except those admitted

Rule 8(b)(4) (ANSWER)

Deny part of Allegation: Must admit part that is true and deny the rest

Rule 8(b)(5) (ANSWER)

Lacking knowledge or info: if you form a belief about a truth of an allegation, you must state so.

8(b)(6) (ANSWER)

Failing to deny: if allegation is not denied, when responsive pleading is required, it is admitted