Civ Pro II

Rules and statutes for Civil Procedure Spring 2026

Rule 12(a)

Defendant must serve an answer within 21 days after being served with summons and complaint OR within 60 if accepted under 4(d) or 90 if outside US

Rule 12(b)

Assertable defenses

Rule 12(b)(1)

Lack of subject-matter jurisdiction

Rule 12(b)(2)

Lack of personal jurisdiction

Rule 12(b)(3)

Improper venue

Rule 12(b)(4)

Insufficient process

Rule 12(b)(5)

Insufficient service

Rule 12(b)(6)

Failure to state a claim upon which relief may be granted

Rule 12(b)(7)

Improper joinder under Rule 19

Rule 12(c)

Motion for judgment on the pleadings

Rule 12(d)

Matters outside the pleadings treated as MSJ

Rule 12(e)

Motion for more definite statement

Rule 12(f)

Motion to strike

Rule 12(g)

Joining motions (rule 12 motions may be joined)

Rule 12(h)

Have to present 12(b)(2)-(5) motions or waive; 12(b)(6)-(7) motions may be entered at any time; 12(b)(1) motions automatically dismiss the case

Rule 8(a)

Requirements for pleadings: Pleading must contain “short and plain statement of the grounds for the court’s jurisdiction,” “short and plain statement of the claim showing the pleader is entitled to relief,” and a demand for relief sought

Rule 8(b)

Defenses, Admissions, and Denials: party can deny all or part of the claims (general and specific denials); party can also state they don’t have enough information to affirm or deny; failing to deny treated as admission

Rule 8(c)

Affirmative Defenses

Rule 13(a)

Compulsory Counterclaims: A pleading must state as a counterclaim any claim that the pleader has against an opposing party if the claim arises out of the transaction at hand AND doesn’t require adding another party

Rule 13(g)

Crossclaim against a coparty: A pleading may state a crossclaim against a coparty if it arises out of the transaction at hand OR if it relates to any property in the original claim

Rule 14(a)

Third Party Practice. If I’m liable to the plaintiff, you’re liable to me; third-party plaintiff has same rights as original plaintiff

Rule 15(a)

Amending the pleadings before trial. Party may amend its pleading once as a matter of course and any subsequent amendment requires permission from all parties or from the court

Rule 15(b)

Amending the pleadings during and after trial. (1) May be amended upon objection or (2) if tried by the parties’ express or implied intent

Rule 15(c)

Relation back. If activity barred by S/L comes out of the same transaction or occurrence, a pleading may be amended to include that claim despite S/L, as long as S/L allows for relation back

Rule 55

Default judgment

Rule 16(c)

Pretrial Conferences. A represented party must authorize at least one of its attorneys to make stipulations and admissions about all matters that can reasonably be anticipated for discussion at a pretrial conference

Rule 16(b)

Scheduling Order

Rule 26(f)

Planning Conference. Must include a discovery plan under (f)(3)

Rule 26(a)

Required Disclosures. Initial disclosures under 26(a)(1), expert testimony under 26(a)(2), pretrial disclosures under 26(a)(3)

Rule 26(b)

Scope of Discovery; Work-Product Doctrine in 26(b)(3); claiming privilege under 26(b)(5)

Rule 26(c)

Protective Orders

Rule 37(a)

Motion to Compel Discovery; cost-shifting under subsection (5)

Rule 30

Depositions; when deposing an organization, that organization designates 30(b)(6) Representative to be questioned on “matters for examination”

Rule 33

Interrogatories

Rule 41

Voluntary dismissal under 41(a); involuntary dismissal under 41(b)

Rule 56(a)

Motion for Summary Judgment must include enough undisputed facts, when viewed in the light most favorable to the nonmovant, to demonstrate there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law

Rule 56(c)

Establish Motion for Summary Judgment through depositions, interrogatories, and other discoverable materials

Rule 45

Entering a subpoena; (a) in general; (b) service; (c) place of compliance [within 100 miles]; (d) quashing a subpoena; (g) contempt

Rule 47; 28 USC 1870

Selecting jurors; no less than 6 and no more than 12