pleadings

FCRP that lists allowed pleadings

Rule 7(a)

FRCP that governs complaints and responses

Rule 8(a), Rule 8(b)c(d)

case law rule that came from Twombly and Iqbal?

if nonconclusory statements in a complaint are all assumed to be true and there is therefore plausible entitlement to relief, then the complaint is sufficient

FRCP that governs service

Rule 4

basic gist of Rule 4/service:

service must include items listed in FRCP 4(a), include complaint and summons, be served by a person appropriate under the rules, and in a matter authorized by the rules

why is service important?

mechanism of constitutionally required notice

what must an answer do or else?

an answer must admit, deny, or state a lack of sufficient knowledge for every line of complaint; anything not expressly denied is admitted

important rule for Rule 12 motions (from Rules 12(g) and (h)):

Rule 12(b)(2)-(5) MUST be either raised by motion before answer or raise in first answer; otherwise, these defenses are waived

what Rule 12 motions is to dismissed based on sufficiency of a claim?

Rule 12(b)(6)

FRCP that governs amendment of pleadings

Rule 15

why might an amendment to a pleading not be allowed?

Foman factors

what are the Foman factors?

undue delay, bad faith motive, failure to cure in previous amendments, undue prejudice, futility

FRCP that governs ethics/professionalism

Rule 11