Federal Rules of Civil Procedure - Vocabulary

Flashcards for reviewing Federal Rules of Civil Procedure - Vocabulary Style

28 U.S.C. §2072

This United States Code gives the Supreme Court the power to prescribe general rules of practice, procedure, and evidence for cases in United States district courts and courts of appeals; however, these rules shall not abridge, enlarge, or modify any substantive rights.

Rule 7(a)

This rule lists the pleadings that are allowed in a case: a complaint, an answer to a complaint, an answer to a counterclaim, an answer to a crossclaim, a third-party complaint, an answer to a third-party complaint, and a court-ordered reply to an answer.

Rule 8(a)

This rule outlines the requirements for a claim for relief, which must include a short and plain statement of the grounds for the court’s jurisdiction, a short and plain statement of the claim showing entitlement to relief, and a demand for the relief sought.

Rule 8(b)

This rule details how a party should respond to allegations in a pleading, requiring them to state defenses in short and plain terms and to admit or deny the allegations.

General Denial

A party uses this when intending to deny all allegations of a pleading, including jurisdictional grounds, done in good faith.

Rule 8(c)

States that a party must affirmatively state any avoidance or affirmative defense, including accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, and waiver.

Rule 8(d)

Requires that each allegation must be simple, concise, and direct, without requiring any technical form.

Rule 8(e)

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

Rule 9(a)

Specifies that a pleading need not allege a party’s capacity to sue or be sued, authority to sue or be sued in a representative capacity, or the legal existence of an organized association, except when required to show jurisdiction.

Rule 9(b)

Requires that in alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake; malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.

Rule 10(b)

Requires a party to state claims or defenses in numbered paragraphs, each limited to a single set of circumstances; each claim founded on a separate transaction or occurrence—and each defense other than a denial—must be stated in a separate count or defense.

Rule 12(a)(1)(A)

Dictates that a defendant must serve an answer within 21 days after being served with the summons and complaint, or within 60 days after the request for a waiver was sent (or 90 days if sent outside any judicial district of the United States) if service was timely waived under Rule 4(d).

Rule 12(b)

States that defenses to a claim for relief must be asserted in the responsive pleading if one is required, but certain defenses (lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, etc.) may be asserted by motion

Rule 12(c)

After the pleadings are closed—but early enough not to delay trial—a party may move for judgment on the pleadings.

Rule 12(d)

If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56.

Rule 12(e)

A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response.

Rule 12(f)

The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter, either on its own or on motion.

Rule 12(g)

A motion under this rule may be joined with any other motion allowed by this rule; a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available but omitted from its earlier motion.

Rule 12(h)

A party waives any defense listed in Rule 12(b)(2)–(5) by omitting it from a motion in the circumstances described in Rule 12(g)(2) or by failing to either make it by motion or include it in a responsive pleading or amendment.

Rule 55(a)

When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.

Rule 55(b)

Details the process for entering a default judgment, either by the clerk or by the court, depending on the nature of the claim and the defendant’s status.

Rule 55(c)

The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).

Rule 11(a)

Every pleading, written motion, and other paper must be signed by at least one attorney of record or by the party personally if unrepresented, including the signer’s address, e-mail address, and telephone number; unsigned papers may be stricken if not promptly corrected.

Rule 11(b)

By presenting a paper to the court, an attorney or unrepresented party certifies that it is not for an improper purpose, the legal contentions are warranted, the factual contentions have evidentiary support, and the denials of factual contentions are warranted on the evidence.

Rule 11(c)

If Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party responsible for the violation, with specific procedures for motions and the court’s initiative.

Rule 11(d)

States that Rule 11 does not apply to disclosures and discovery requests, responses, objections, and motions under Rules 26 through 37.

Rule 15(a)

A party may amend its pleading once as a matter of course within specified timeframes; other amendments require consent or court leave, which should be freely given when justice so requires.

Rule 15(c)(1)

Amendment to a pleading relates back to the date of the original pleading when the law allows relation back or when the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out in the original pleading.

28 U.S.C. Section 1927

Any attorney who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct.

Rule 4(m)

If a defendant is not served within 90 days after the complaint is filed, the court must dismiss the action without prejudice or order service within a specified time, unless good cause is shown.

Rule 18

A party may join as many claims as it has against an opposing party, and may join two claims even though one is contingent on the disposition of the other.

Rule 19(a)

A person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction must be joined as a party if their absence prevents complete relief or may impair their ability to protect an interest.

Rule 19(b)

If a person required to be joined cannot be joined, the court must determine whether the action should proceed among the existing parties or should be dismissed, considering certain factors.

Rule 20

Sets out the rules for who may join or be joined as plaintiffs or defendants, and the extent of relief available.

Rule 21

Misjoinder of parties is not a ground for dismissing an action; the court may add or drop a party or sever any claim against a party.

Rule 82

These rules do not extend or limit the jurisdiction of the district courts or the venue of actions in those courts.

Rule 13(a)

A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim.

Rule 13(b)

A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.

Rule 13(g)

A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim.

Rule 14(a)

A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it.

Rule 24(a)

On timely motion, the court must permit anyone to intervene who is given an unconditional right to intervene by a federal statute or claims an interest relating to the property or transaction that is the subject of the action.

Rule 24(b)

On timely motion, the court may permit anyone to intervene who is given a conditional right to intervene by a federal statute or has a claim or defense that shares with the main action a common question of law or fact.

Rule 26(a)(1)

Except as exempted or otherwise stipulated, a party must, without awaiting a discovery request, provide initial disclosures including the identity of individuals with discoverable information, copies or descriptions of relevant documents, a computation of damages, and insurance agreements.

Rule 26(a)(2)

A party must disclose the identity of any expert witness it may use at trial, and this disclosure must be accompanied by a written report if the witness is retained or specially employed to provide expert testimony.

Rule 26(b)(1)

Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case.

Rule 26(b)(3)

Ordinarily, a party may not discover documents and tangible things that are prepared in anticipation of litigation or for trial; but, subject to Rule 26(b)(4), those materials may be discovered if they are otherwise discoverable and the party shows a substantial need.

Rule 26(f)

Except in exempted proceedings, the parties must confer as soon as practicable and at least 21 days before a scheduling conference to consider settlement, arrange disclosures, discuss preservation, and develop a discovery plan.

Rule 26(g)

Every disclosure and discovery request, response, or objection must be signed, certifying that it is complete and correct (for disclosures) and consistent with the rules (for discovery matters).

Rule 37

Covers motions for orders compelling disclosure or discovery, sanctions for failure to comply with court orders, and failure to disclose or supplement an earlier response.

Rule 36

Allows a party to serve on another party a written request to admit the truth of any matters within the scope of Rule 26(b)(1) relating to facts, the application of law to fact, or opinions about either; and the genuineness of any described document

Rule 33

Governs the use of interrogatories in federal civil procedure, including the number allowed, scope, answers, objections, and the option to produce business records.

Rule 30

Addresses the taking of depositions by oral questions, including when leave of court is required and the procedures for compelling attendance.

Rule 34

Allows a party to serve on another party a request to produce and permit inspection, copying, testing, or sampling of designated documents, electronically stored information, or tangible things within the scope of Rule 26(b).

Rule 35

The court may order a party whose mental or physical condition is in controversy to submit to an examination by a suitably licensed or certified examiner.

Rule 41

Addresses the voluntary and involuntary dismissal of actions, including the effects of such dismissals.

Rule 56

A party may move for summary judgment, identifying each claim or defense on which summary judgment is sought; the court shall grant summary judgment if there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

Seventh Amendment

Preserves the right of trial by jury in suits at common law where the value in controversy exceeds twenty dollars.

28 U.S.C. Section 1652

The laws of the several states shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply, except where the Constitution, treaties, or Acts of Congress otherwise require or provide.

Rule 50

Deals with judgment as a matter of law in jury trials, including the timing and requirements for motions and the court’s options.

Rule 59

Addresses motions for new trials, including the grounds, timing, and procedures for both jury and nonjury trials, as well as motions to alter or amend a judgment.

28 U.S.C. Section 1291

Courts of appeals have jurisdiction of appeals from all final decisions of the district courts.

28 U.S.C. Section 1292

Addresses interlocutory appeals, including appeals of orders granting, continuing, modifying, refusing, or dissolving injunctions, and specifies requirements for permissive appeals of controlling questions of law.

Rule 54

When an action presents more than one claim for relief or when multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay.