CivPro Outline

(a) Claim for Relief.
A pleading that states a claim for relief must contain:
1) a ___________ of the _________ for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no jurisdictional support;
2) A ______________ of the ________ showing that the pleader is __________; and
3) a ______________, which may include ____________ or _______________.
FRCP Rule 8. General Rules of Pleading

short and plain statement; grounds; short and plain statement; claim; entitled to relief; demand for the relief south; relief in the alternative; different types of relief

(b) Defenses; Admissions and Denials.
(1) In General. In responding to a pleading, a party must:
(A) state in ____________________ its __________________; and
(B) _______ or __________ by __________.
FRCP Rule 8. General Rules of Pleading

short and plain terms; defenses to each claim asserted against it; admit; deny the allegations asserted against it by an opposing party.

(b) Defenses, Admissions and Denials
(2) Denials—Responding to the Substance. A denial must _________________ to the _______________.
(3) General and Specific Denials. A party that intends ____________ to deny all the allegations of a pleading—including the jurisdictional grounds—may do so by ___________. A party that does not intend to deny all the allegations must either ________________ or ________________.
FRCP 8. General Rules of Pleading

fairly respond; substance of the allegation; in good faith; a general denial; specifically deny designated allegations; deny all except those specifically admitted.

(b) Defenses, Admissions and Denials
(4) Denying Part of an Allegation. A party that intends __________ to deny only part of an allegation must ______________________ and ____________.
(5) Lacking Knowledge or Information. A party that lacks ___________ sufficient to form a ____________ must so state, and the statement has the effect of __________.
(6) Effect of Failing to Deny. An allegation—other than one ___________—is ___________ if a responsive pleading is required and the allegation is ________. If a responsive pleading is not required, an allegation is considered ___________.
FRCP 8. General Rules of Pleading

in good faith; admit the part that is true; deny the rest; knowledge or information; belief about the truth of an allegation; a denial; relating to the amount of damages; admitted; not denied; denied or avoided.

(C) Affirmative Defenses.
(1) In General. In responding to a pleading, a party must __________ any avoidance of affirmative defense, including:
- accord and satisfaction;
- arbitration and award;
- _____________;
- ______________;
- __________;
- _____________;
- failure of consideration;
- ___________;
- ______________;
- injury by fellow servant;
- laches
- _________;
- __________;
- ____________;
- res judicata;
- _____________
- __________; and
- waiver.
FRCP Rule 8. General Rules of Pleading

affirmatively state; assumption of risk; contributory negligence; duress; estoppel; fraud; illegality; license; payment; release; statute of frauds; statute of limitations

(C) Affirmative Defenses.
(2) Mistaken Designation. If a party mistakenly designates a defense as a _________, or a _____________ as a defense, the court must, __________, treat the pleading as though it were __________, and may impose terms for doing so.
FRCP 8. General Rules of Pleading.

counterclaim; counterclaim; if justice requires; correctly designated.

(d) Pleading to Be Concise and Direct; Alternative Statements; Inconsistency
(1) In General. Each allegation must be _____, ________, and ________. No __________ is required.
(2) Alternative Statements of a Claim or Defense. A party may set out two or more __________ or ________ or __________, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is _________________ is sufficient.
(3) Inconsistent Claims or Defenses. A party may state as many ____________ or ___________ as it has, regardless of __________.
FRCP 8. General Rules of Pleading

simple; concise; direct; technical form; statements of a claim; defense; sufficient if any one of them; separate claims; defenses; consistency.

(e) Construing Pleadings.
Pleadings must be ______________.
FRCP 8. General Rules of Pleading

construed as to do justice.

(a) Capacity or Authority to Sue; Legal Existence.
(1) In General. Except when required to show that the court has jurisdiction, a pleading need not allege:
(A) a party’s _________________;
(B) a party’s __________________ in a _________; or
(C) the legal existence of an ________________________.
(2) Raising Those Issues. To raise any of those issues, a party must do so by __________, which must state any ____________ that are _______________.
FRCP 9. Pleading Special Matters

capacity to sue or be sued; authority to sue or be sued; representative capacity; organized association of persons that is made a party; a specific denial; supporting facts; peculiarly within the party’s knowledge.

(b) Fraud or Mistake; Conditions of Mind.
In alleging fraud or mistake, a party must state with ________________ constituting fraud or mistake. _______, ______, ________, or ______________ may be alleged _______.
FRCP 9. Pleading Special Matters

particularity the circumstances; malice; intent; knowledge; other conditions of a person’s mind; generally.

(C) Conditions Precedent.
In pleading conditions precedent, it suffices to _________ that all _____________ have ____________ or ___________. But when denying that a condition precedent has _______________, a party must do so with _________.
FRCP 9. Pleading Special Matters

allege generally; conditions precedents; occurred; been performed; occurred or been performed; particularity

(d) Official Document or Act.
In pleading an official document or official act, it suffices to _________ was ___________ and the act _________.
(e) Judgment.
In pleading a judgment or decision of a ___________, a ____________, or a __________, it suffices to plead the judgment or decision without ___________.
FRCP 9. Pleading Special Matters

allege that the document; legally issued; legally done
domestic or foreign court; judicial or quasi-judicial tribunal; board or officer; showing jurisdiction to render it.

(f) Time and Place.
An allegation of time or place is _________ when ___________.
(g) Special Damages.
If an item of special damage is claimed, it must be ________.
FRCP 9. Pleading Special Matters

material; testing the sufficiency of a pleading
specifically stated

(b) How to Present Defenses
Every defense to a claim for relief in any pleading must be _____________ if one is required. But a party may assert the following defenses by motion:
(1) lack of ___________;
(2) lack of ___________;
(3) ___________;
(4) _____________;
(5) ______________;
(6) _____________________; and
(7) _____________ under Rule 19.
A motion asserting any of these defenses must be made before ___________ if a _____________. If a pleading sets out claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is _______ by __________ with one or more defenses or objections in a responsive pleading or in a motion.
FRCP 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

asserted in the responsive pleading
subject-matter jurisdiction; personal jurisdiction; improper venue; insufficient process; insufficient service of process; failure to state a claim upon which relief can be granted; failure to join a party
waived; joining it

(C) Motion for Judgment on the Pleadings.
After the pleadings are closed—but __________— a party may __________.
(d) Result of Presenting Matters Outside the Pleadings.
If, on a motion under Rule 12(b)(6) or 12(C), matters outside the pleadings are ___________, the motion must be ______________ for ____________. All parties must be given _____________.
FRCP 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

early enough to not delay trial; move for judgment on the pleadings.
presented to and not excluded by the court; treated as one; summary judgment under Rule 56; a reasonable opportunity to present all the material that is pertinent to the motion.

(e) Motion for a More Definite Statement.
A party may move for a more definite statement of a pleading to which a ____________ but which is so vague or ambiguous that the party ______________. The motion must be made before filing a responsive pleading and must ____________ and the ___________. If the court orders a more definite statement and the order ______________ within __________ after notice of the order or within the time the court sets, the court may _______________.
FRCP 12.

a responsive pleading is allowed; cannot reasonably prepare a response; point out the defects complained of; detailed desires; is not obeyed within 14 days; the time the court sets; strike the pleading or issue any other appropriate order.

(f) Motion to Strike.
The court may strike from a pleading an _______ or _______________. The court may act:
(1) _________; or
(2) ______________ either before _____________ or, if a ____________, within 21 days after being served with the pleading.
FRCP 12.

insufficient defense; any redundant, immaterial, impertinent, or scandalous matter; on its own; on motion by a party; responding to the pleading; response is not allowed

(e) Motion for a More Definite Statement.
A party may move for a more definite statement of a pleading in which a ____________ but which is ______________ that the party ____________. The motion must be made ______________ and must ___________ and _____________. If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may _____________.
FRCP 12.

pleading is allowed; so vague or ambiguous; before filing a responsive pleading; point out the defects complained of; details desired; strike the pleading or issue any other appropriate order.

(f) Motion to Strike
The court may strike from a pleading an ______________ or any __________________. The court may act:
(1) ________; or
(2) _______________ either ___________ or, if a response is not allowed, within 21 days after being served with the pleading.
FRCP 12

insufficient defense; redundant, immaterial, impertinent, or scandalous matter; on its own; on motion made by a party; before responding to the pleading

(g) Joining Motions.
(1) Right to Join. A motion under this rule may be joined with _______________.
(2). Limitation on Further Motions. Except as provided by 12(h)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule ________________ but _______________.
FRCP 12.

any other motion allowed by this rule; raising a defense or objection that was available to the party; omitted from its earlier motion.

(h) Waiving and Preserving Certain Defenses
(1) When Some Are Waived. A party waives any defense listed in Rule 12(b)(2-5) by:
(A) _____________ in the circumstances described in Rule 12(g)(2); or
(B) failing to either:
(i) _________; or
(ii) ______________ or __________ allowed by Rule 15(a)(1) as a matter of course.
FRCP 12.

omitting it from a motion; make it by motion under this rule; include it in a responsive pleading; in an amendment.

(h) Waiving and Preserving Certain Defenses
(2) When to Raise Others. Failure to _____________, to _________ required by Rule 19(b), or to ____________ may be raised:
(A) in ______________ under Rule 7(a);
(B) by a ____________; or
(C) _________.
(3) Lack of Subject-Matter Jurisdiction. If the court determines at any time that it lacks subject-matter jurisdiction, the court ___________.
FRCP 12.

state a claim upon which relief can be granted; join a person; state a legal defense to a claim; any pleading allowed or ordered; motion under Rule 12(C); at trial; must dismiss the action

(a) In General. A party __________, __________, _________, or __________ may join, as _____________ or __________, as many claims as it has _________.
(b) Joinder of Contingent Claims. A party may _______________ even though ___________________ on the ____________; but the court may _____________ with the parties’ relative substantive rights. In particular, a plaintiff may ___________ and a _________________ that is fraudulent as to the plaintiff, without first obtaining ___________.
FRCP 18. Joinder of Claims

asserting a claim; countercaim; crossclaim; third-party claim; independent; alternative claims; against an opposing party; join two claims; one of them is contingent; disposition of the other; grant relief only in accordance; state a claim for money; claim to set aside a conveyance; a judgment for the money.

(a) Persons Who May Join or Be Joined.
(1) Plaintiffs. Persons may join in one action as plaintiffs if:
(A) they ____________, __________, or __________ with ____________ or ______________ the same ________, ______, or _____________; and
(B) any _____________.
FRCP 20. Permissive Joinder of Parties

assert any right to relief jointly; severally; in the alternative; respect to; arising out of; transaction; occurrence; series of transactions or occurrences; question of law or fact common to all plaintiffs will arise in the action.

(a) Persons Who May Join or Be Joined
(2) Defendants. Persons—as well as a vessel, cargo, or other property subject to admiralty process in rem—may be joined in one action as defendants, if:
(A) any __________________, ___________, or ____________ with respect to or arising out of _________, _________, or ___________; and
(B) any _______________.
FRCP 20. Permissive Joinder of Parties

right to relief is asserted against them jointly; severally; in the alternative; the same transaction; occurrence; series of transactions or occurrences; question of law or fact common to all defendants will arise in the action.

(a) Persons Who May Join or Be Joined
(3) Extent of Relief. Neither a plaintiff nor a defendant need be ______________. The court may grant judgment to ______________ according to ________, and _______________ according to _________.
FRCP 20. Permissive Joinder of Parties

interested in obtaining or defending against all the relief demanded; one or more plaintiffs; their rights; against one or more defendants; their liabilitites.

(b) Protective Measures.
The court may issue orders—including an order for ___________—to ____________ against __________, __________, __________, or ___________ that arises from _____________ the party asserts ____________ and who _______________.
FRCP 20. Permissive of Joinder

separate trials; protect a party; embarrassment; delay; expense; other prejudice; including a person against whom; no claim; asserts no claim against the party

(a) Motion for Summary Judgment or Partial Summary Judgment.
A party may move for summary judgment, __________—or the _________—on which summary judgment is sought. The court shall ______ summary judgment if the __________________ and the ________________. The court should _____________.
FRCP 56. Summary Judgment

identifying each claim or defense; part of each claim or defense; grant; movant shows that there is no genuine dispute as to any material fact; movant is entitled to judgment as a matter of law; state on the record the reasons for granting or denying the motion

(b) Time to File a Motion
Unless a different time is set by local rule or the court orders otherwise, a party may _____________ at ________________ until ______________.
FRCP 56. Summary Judgment

file a motion for summary judgment; any time; thirty days after the close of all discovery

(C) Procedures.
(1) Supporting Factual Positions. A party asserting that a fact cannot be or is _____________ must support the assertion by:
(A) ________________ in the record, including _______, _______, _____________, ______________, __________ (including those made for the purposes of the motion only), _______, _________, or ________; or
(B) showing that the ______________ or ________________, or that an ________________.
FRCP 56. Summary Judgment

genuinely disputed; citing to particular materials; depositions; documents; electronically stored information; affidavits or declarations; stipulations; admissions; interrogatory answers; other materials; materials cited do not establish the absence; presence of a genuine dispute; adverse party cannot produce admissible evidence to support the fact

(C) Procedures
(2) Objection That A Fact Is Not Supported by Admissible Evidence. A party may _____________ cannot be _____________.
(3) Materials Not Cited. The court need consider _____________, but it ____________.
(4) Affidavits or Declarations. An affidavit or declaration used to _____________ must be ___________, _______________, and show that the affiant or declarant is __________.
FRCP 56. Summary Judgment

object that the material cited to support or dispute a fact; presented in a form that would be admissible in evidence; only the cited materials; may consider other materials on the record; support or oppose a motion; made on personal knowledge; set out facts that would be admissible in evidence; competent to testify on the matters stated.

(d) When Facts Are Unavailable to the Nonmovant
If a nonmovant shows by ___________ that, for specified reasons, it ____________, the court may:
(1) __________;
(2) allow ________________; or
(3) issue any other appropriate order.
FRCP 56. Summary Judgment

affidavit or declaration; cannot present facts essential to justify its opposition; defer considering the motion or deny it; time to obtain affidavits or declarations or to take discovery

(3) Failing to Properly Support or Address a Fact.
If a party fails to properly support an assertion of facts or fails to properly address another party’s assertion of fact as required by Rule 56(C), the court may:
(1) ____________;
(2) _____________ for the purposes of the motion;
(3) ___________ if the motion and supporting materials—including the facts considered undisputed—show that _________; or
(4) issue any other appropriate order.
FRCP 56. Summary Judgment

give an opportunity to properly support or address the fact; consider the fact undisputed; grant summary judgment; the movant is entitled to it

(f) Judgment Independent of the Motion
After giving notice and a reasonable time to respond, the court may:
(1)__________;
(2) ___________; or
(3) consider __________________ after ____________________ that may _________.
FRCP 56. Summary Judgment

grant summary judgment for a nonmovant; grant the motion on grounds not raised by a party; summary judgment on its own; identifying for the parties material facts; not be genuinely in dispute

(g) Failing to Grant All the Requested Relief.
If the court does not grant all the relief requested by the motion, it may _________________—including _________________—that is ________________.
FRCP 56. Summary Judgment

enter an order stating any material fact; an item of damages or other relief; not genuinely in dispute and treating the fact as established in the case

(h) Affidavit or Declaration Submitted in Bad Faith.
If satisfied that an affidavit or declaration under this rule is submitted in bad faith or _______, the court—after ___________—may order the submitting party to ____________________, including __________, it ____________. An offending party or attorney may also be _______________.
FRCP 56. Summary Judgment

solely for delay; notice and a reasonable time to respond; pay the other party the reasonable expenses; attorneys’ fees; incurred as a result; held in contempt or subjected to other appropriate sanctions

(a) Contents; Amendments
(1) Contents. A summons must:
(A) ____________;
(B) be __________;
(C) state the __________ of the plaintiff’s attorney or—if unrepresented—of the plaintiff;
(D) ______________;
(E) _____________ and __________ will result in ___________ against ___________ for the ________;
(F) be signed by the clerk; and
(G) bear the court’s seal
(2) Amendments. The court may permit a summons to be amended.
FRCP 4. Summons

name the court and the parties; directed to the defendant; name and address; state the time within which the defendant must appear and defend; notify the defendant that a failure to appear; defend; a default judgment; the defendant; relief demanded in the complaint

(b) Issuance. On or after filing the complaint, the plaintiff may ____________ to the clerk for ________. If the summons is ______, the clerk must _________________ for service on the defendant. A summons—or a copy of a summons that is addressed to multiple defendants—must be ___________.
FRCP 4. Summons

present a summons; signature and seal; properly completed; sign, seal, and issue it to the plaintiff; issued for each defendant to be served.

(C) Service.
(1) In General. A summons must be served with _________. The plaintiff is responsible for having the ____________ within the ______________ by Rule 4(m) and must ____________.
(2) By Whom. Any person who is __________ and __________ may serve a summons and complaint.
(3) By a Marshal or Someone Specially Appointed. At the plaintiff’s request, the court may ___________ a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 USC § 1915 or as a seaman under 28 USC § 1916.

a copy of the complaint; summons and complaint served; time allowed; furnish the necessary copies to the person who makes service; at least 18 years old; not a party; order that service be made by

(d) Waiving Service
(1) Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4 (e), (f), or (h) has ______________. The plaintiff may ___________ that an ______________ and ________________. The notice and request must:
(A) be __________ and be addressed:
(i) ______________; or
(ii) for a defendant subject to service under Rule 4(h), to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process;
(B) __________ the complaint was filed;
(C) be ______________, ___________ form appended to this Rule 4, and a __________;
(D) ________, using the form appended to the Rule 4, of the _________________;
(E) state the date when the request was sent;
(F) give the defendant a ____________ after the request was sent—or at least _________ if sent to the defendant __________—to return the waiver; and
(G) be sent by __________ or ________.
FRCP 4. Summons

a duty to avoid unnecessary expenses of serving the summons; notify such a defendant; action has been commenced; request that the defendant waive service of a summons; in writing; to the individual defendant; name the court where; accompanied by a copy of the complaint; two copies of the waiver; prepaid means for returning the form; inform the defendant; consequences of waiving and not waiving service; reasonable time of at least 30 days; 60 days; outside any judicial district of the United States; first-class mail; other reliable means.

(d) Waiving Service.
(2) Failure to Waive. If a defendant located within the United States fails, without ______, to ________________ requested by a plaintiff located within the United States, the court must impose on the defendant:
(A) the ___________________; and
(B) the __________, including attorneys’ fees, of any motion required to _________.
FRCP 4. Summons

good cause; sign and return a waiver; expenses later incurred in making service; reasonable expenses; collect those service expenses

(d) Waiving Service
(3) Time to Answer After a Waiver. A defendant who, __________, timely returns a waiver need not serve an answer to the complaint until ________________—or until ______________ after it was sent to the defendant outside any judicial district of the United States.
FRCP 4. Summons

before being served with process; 60 days after the request was sent; 90 days

(d) Waiving Service
(4) Results of Filing a Waiver. When the plaintiff files a waiver, _________ is not required and these rules apply as if a ___________ at the time of filing the waiver.
(5) Jurisdiction and Venue Not Waived. Waiving service of a summons does not waive any ______________________ to _________________.
FRCP 4 Summons

proof of service; summons and complaint had been served; objection; personal jurisdiction or to venue.

(e) Serving an Individual Within a Judicial District of the United States.
Unless federal law provides otherwise, an individual—other than a _________, ________, or __________—may be served in a judicial district of the United States by:
(1) following __________ for serving a summons in an action brought in courts of _________ in the _____________ or where ________; or
(2) doing any of the following:
(A) delivering a copy of the summons and complaint __________;
(B) leaving a copy of each at _________________ with ________________ who _________; or
(C) delivering a copy of each to _________________ or __________________.
FRCP 4. Summons

minor; incompetent person; a person whose waiver has been filed; state law; general jurisdiction; state where the district court is located; service is made; to the individual personally; the individual’s dwelling or usual place of abode; someone of suitable age; resides there; an agent authorized by appointment; by law to receive service of process

(f) Serving an Individual in a Foreign Country.
Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may be served at a place not within any judicial district of the United States:
(1) by any _________________ that is ________, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents;
(2) if there is ____________, or if an ____________, by a method that is _________:
(A) as ____________________ in that country in an action in its courts of general jurisdiction;
(B) as the ____________ in response to a ___________; or
(C) unless prohibited by the foreign country’s law, by:
(i) delivering a copy of the summons and of the complaint to the _______; or
(ii) using any form of mail that the clerk addresses and sends to the individual and that ___________; or
(3) by other means _______, as the court orders.
FRCP 4. Summons

internationally agreed means of service; reasonably calculated to give notice; no internationally agreed means; international agreement allows but does not specify other means; reasonably calculated to give notice; prescribed by the foreign country’s law for service; foreign authority directs; letter rogatory or other letter of request; individual personally; requires a signed receipt; not prohibited by international agreement

(g) Serving a Minor or an Incompetent Person.
A minor or an incompetent person in a judicial district of the United States must be served by ________________ brought in the courts of general jurisdiction of the state where service is made. A minor or an incompetent person who is not within any judicial district of the United States must be served in the manner prescribed by 4(f)(2)(A), f(2)(B), or f(3).
FRCP 4. Summons

following state law for serving a summons or like process on such a defendant in an action

(h) Serving a Corporation, Partnership, or Association
Unless federal law provides otherwise or the defendant’s weather has been filed, a domestic or foreign corporation, or a partnership or other unincorporated association that is subject to suit under a common name, must be served:
(1) in a judicial district of the United States:
(A) _________ by Rule 4(e)(1) for _____; or
(B) by delivering a _____________ and of the ___________ to an _____, a _________, or _______________ and —if the agent is one authorized by statute and the statute so requires—by also ______________; or
(2) at a place not within any judicial district of the United States, in any manner described by Rule 4(f) for _______, except _________ under (f)(2)(C)(i).
FRCP 4. Summons

in the manner prescribed; serving an individual; copy of the summons; complaint; officer; managing or general agent; any other agent authorized by appointment or by law to receive service of process; mailing a copy of each to the defendant; serving an individual; personal delivery

(i) Serving the United States and Its Agencies, Corporations, Officers, or Employees.
(1) United States. To serve the United States, a party must:
(a)(i) deliver a copy of the summons and of the complaint to the United States ____________________—or to an ______________ or _____________ whom the United States ________ designates in a writing filed with the court clerk—or
(a)(ii) send a copy of each by _________________ to the _____________ at the United States’ _________;
(B) send a copy of each by __________ to the __________ of the United States at Washington, D.C.; and
(C) if the action challenges an ____________ or _____________ of the United States, send a copy of each by __________ to the __________.
FRCP 4. Summons

attorney for the district where the action is brought; assistant attorney; clerical employee; attorney; registered or certified mail; civil-process clerk; attorney’s office; registered or certified mail; Attorney General; order of a non-party agency; officer; registered or certified mail; agency or officer

(i) Serving the United States and Its Agencies, Corporations, Officers, or Employees
(2) Agency; Corporation; Officer or Employee Sued in an Official Capacity. To serve a United States agency or corporation, or a United States officer or employee sued only in an _______, a party must serve the United States and also send a copy of the summons and complaint by ________ to the ________________.
FRCP 4. Summons

official capacity; registered or certified mail; agency, corporation, officer, or employee

(i) Serving the United States and Its Agencies, Corporations, Officers, or Employees
(3) Officer or Employee Sued Individually. To serve a United States officer or employee sued in an _________ for an ______________ performed on the United States’ behalf (whether or not the officer or employee is ____________), a party must serve the United States and also serve the officer or employee under Rule 4(e), (f), or (g).
FRCP 4. Summons

individual capacity; act or omission occurring in connection with duties; also sued in an official capacity

(i) Serving the United States and Its Agencies, Corporations, Officers, or Employees
(4) Extending Time. The court must allow a reasonable time to __________:
(A) serve a person required to be served under 4(i)(2), if the party has ______________ or the ________ of the United States; or
(B) serve the United States under Rule 4(i)(3), if the party has served the United States officer or employee.
FRCP 4. Summons

cure its failure to; served either the United States attorney; Attorney General

(j) Serving a Foreign, State, or Local Government.
(1) Foreign State. A foreign state or its political subdivision, agency, or instrumentality must be served in accordance with 28 USC § 1608.
(2) State or Local Government. A state, a municipal corporation, or any other state-created governmental organization that is ___________ must be served by:
(A) delivering a copy of the summons and of the complaint to ____________; or
(B) serving a copy of each in the manner prescribed by _____________ on such a defendant.
FRCP 4. Summons

subject to suit; its chief executive officer; that state’s law to serving a summons or like process

(k) Territorial Limits on Effective Service.
(1) In General. Serving a summons or filing a waiver of service establishes _________________:
(A) who is subject to the _____________ in the state where the district court is located;
(B) who is a party joined under Rule 14 or 19 and is ______________ and not more than ____________; or
(C) when authorized by _________.
FRCP 4. Summons

personal jurisdiction over a defendant; jurisdiction of a court of general jurisdiction; served within a judicial district of the United States; 100 miles from where the summons was issued; federal statute

(k) Territorial Limits on Effective Service.
(2) Federal Claim Outside State-Court Jurisdiction. For a claim that arises under federal law, serving a summons or filing a waiver of services establishes ______________ if:
(A) the defendant is __________________; and
(B) exercising _______________ is _______________.
FRCP 4. Summons

personal jurisdiction over a defendant; not subject to jurisdiction in any state’s court of general jurisdiction; jurisdiction; consistent with the United States Constitution and laws.

(l) Proving Service
(1) Affidavit Required. Unless service is waived, proof of service must be _________. Except for service by a __________, proof must be by the _________.
(2) Service Outside the United States. Service not within any judicial district of the United States must be proved as follows:
(A) if made under Rule 4(f)(1), as ___________; or
(B) if made under Rule 4(f)(2) or (f)(3), by a _________________, or by ____________ that the summons and complaint were delivered to the addressee.
(3) Validity of Service; Amending Proof. Failure to prove service ___________. The court may ______________.
FRCP 4. Summons

made to the court; United States marshal or deputy marshal, server’s affidavit; provided in the applicable treaty or convention; receipt signed by the addressee; other evidence satisfying the court; does not affect the validity of service; permit proof of service to be amended.

(m) Time Limit for Service
If a defendant is not served within ___________, the court—on motion or on its own after notice to the plaintiff—must ________________ against that defendant or ______________. But if the plaintiff shows ___________, the court must _____________. This subdivision (m) does not apply to service in a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1), or to service of a notice under Rule 71.1(d)(3)(A).
FRCP 4. Summons

90 days after the complaint is filed; dismiss the action without prejudice; order that service be made within a specified time; good cause for failure; extend the time for service for an appropriate period.

(n) Asserting Jurisdiction over Property or Assets
(1) Federal Law. The court may assert jurisdiction over property if __________. Notice to _________ must be given as provided in the _______ or by _____________ under this rule.
(2) State Law. On a showing that ______________________ in the district where the action is brought by ________________ to serve a summons under this rule, the court may assert _____________. Jurisdiction is acquired by ___________ and in the ____________.
Rule 4. Summons

authorized by a federal statute; claimants of the property; statute; serving a summons; personal jurisdiction over a defendant cannot be obtained; reasonable efforts; jurisdiction over the defendant’s assets found in the district; seizing the assets under the circumstances; manner provided by state law in that district.

(a) In General.
(1) Form and Contents.
(A) Requirements—In General. Every subpoena must:
(i) ______________;
(ii) state the ______________ and its _______;
(iii) __________________ to do the ___________: _________; __________ documents, electronically stored information, or tangible things in that person’s possession, custody, or control; or permit the inspection of the premises; and
(iv) set out the text of Rule 45(d) and (e).
FRCP 45. Subpoena

state the court from which it is issued; title of the action; its civil-action number; command each person to whom it is directed; following at a specified time and place; attend and testify; produce designated

(a) In General.
(1) Form and Contents)
(B) ____________—Notice of the ______. A subpoena commanding attendance at a _____ must state the _____________ the testimony.
(C) Combining or Separating a Command to Produce or Permit Inspection; Specifying the Form for Electronically Stored Information. A command to _____________, electronically stored information, or _________________ or to ________________ may be included in a subpoena commanding attendance at a deposition, hearing, or trial, or may b e set out in a separate subpoena. A subpoena may specify the _______________.
FRCP Rule 45. Subpoena

Command to attend a Deposition; recording method; deposition; method for recording; produce documents; tangible things; permit the inspection of premises; form or forms in which electronically stored information is produced.

(a) In General
(1) Form and Contents
(D) Command to Produce; Included Obligations. A command in the subpoena to ___________, ________, or ____________ requires the responding party to _______, ___________, ________, or _________.
FRCP 45. Subpoenas

produce documents; electronically stored information; tangible things; permit inspection; copying; testing; sampling of the materials

(a) In General
(2) Issuing Court. A subpoena must issue from the court __________.
(3) Issued by Whom. _________ must issue the subpoena, signed but _________, to a party who requests it. That party must _______________. An ________ may also issue and sign a subpoena _______________.
(4) Notice to Other Parties Before Service. If the subpoena ___________, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served on the person to whom it is directed, a notice and copy of the subpoena must be __________.
FRCP 45. Subpoena

where the action is pending; The clerk; otherwise in blank; complete it before service; attorney; if the attorney is authorized to practice in the issuing court; commands the production of documents; served on each party.

(b) Service.
(1) By Whom and How; Tendering Fees. Any person who is _________ and __________ may serve a subpoena. Serving a subpoena requires ____________ and, if the subpoena requires that person’s attendance, ________________ and the ___________. ___________ need not be tendered when the subpoena issues on behalf of __________ or any of ____________.
FRCP 45. Subpoena

at least 18 years old; not a party; delivering a copy to the named person; tendering the fees for 1 day’s attendance; mileage allowed by law. Fees and mileage; the United States; its officers or agencies.

(b) Service.
(2) Service in the United States. A subpoena may be served ____________.
(3) Service in a Foreign Country. 28 USC § 1783 governs issuing and serving a subpoena directed to a United States national or resident who is in a foreign country.
(4) Proof of Service. Proving service, when necessary, requires ________________________ and the ___________. The statement must be ________.
FRCP 45. Subpoena

at any place in the United States; filing with the issuing court a statement showing the date and manner of service; names of the persons served; certified by the server

(C) Place of Compliance
(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:
(A) within _____________________, _________, or ______________; or
(B) within ____________, _________, or _________, if the person
(i) is a _________ or a __________; or
(ii) is _____________ and _________
FRCP 45. Subpoena

100 miles of where the person resides; is employed; regularly transacts business in person; the state where the person resides; is employed; regularly transacts business in person; party; party’s officer; commanded to attend a trial; would not incur substantial expense

(C) Place of Compliance
(2) For Other Discovery. A subpoena may command:
(A) __________, _________, or ___________ at a place _____________ of where the person resides, is employed, or regularly transacts business in person; and
(B) ______________.
FRCP 45 Subpoena

production of documents; electronically stored information; tangible things; within 100 miles; inspection of premises at the premises to be inspected

(d) Protecting a Person Subject to a Subpoena; Enforcement.
(1) Avoiding Undue Burden or Expense; Sanctions. A party or person responsible for issuing or serving a subpoena must ____________ to _____________ on a person subject to the subpoena. The court for the district where compliance is required must ___________ and ________—which may include ___________ and __________—on a party or attorney who _______.
FRCP 45.Subpoena

take reasonable steps; avoid imposing undue burden or expense; enforce this duty; impose an appropriate sanction; lost earnings; reasonable attorneys’ fees; fails to comply

(d) Protecting a Person Subject to a Subpoena; Enforcement.
(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not ____________ at the _________ unless ______________.
FRCP 45. Subpoena

appear in person; place of production or inspection; also commanded to appear for a deposition, hearing, or trial.

(d) Protecting a Person Subject to a Subpoena; Enforcement
(2) Command to Produce Materials or Permit Inspection
(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may ______________ designated in the subpoena a __________ to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in the form or forms requested. The objection must be ______________ or ___________. If an objection is made, the following rules apply:
(i) At any time, on notice to the commanded person, the serving party may __________for the district where ________ for ___________.
(ii) These acts may be required only as directed in the order, and the order must _____________________ resulting from compliance.
FRCP 45. Subpoena

serve on the party or attorney; written objection; served before the earlier of the time specified for compliance; 14 days after the subpoena is served; move the court; compliance is required; an order compelling production or inspection; protect a person who is neither a party nor a party’s officer from significant expense.

(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the court for the district where compliance is required must quash or modify a subpoena that:
(i) ____________;
(ii) requires a person to _____________ specified in Rule 45(C);
(iii) _____________, if no __________; or
(iv) ______________.
FRCP 45. Subpoena

fails to allow a reasonable time to comply; comply beyond the geographical limits; requires disclosure of privileged or other protected matter; exception or waiver applies; subjects the person to undue burden

(3) Quashing or Modifying a Subpoena
(B) When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires:
(i) _____________ or __________, _________, or ___________; or
(ii) _________________ or _____________ in dispute and ______________ that was not ________.
FRCP 45. Subpoena

disclosing a trade secret; confidential research; development; commercial information; disclosing an unretained expert’s opinion; information that does not describe specific occurrences; results from the expert’s study; requested by a party

(3) Quashing or Modifying a Subpoena
(C) Specifying Conditions as an Alternative. In the circumstances described in 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, ________________ if the serving party:
(i) _______________ that cannot be otherwise met without _______; and
(ii) ________________.
FRCP 45. Subpoena

order appearance or production under specified conditions; shows a substantial need for the testimony or material; undue hardship; ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.
(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:
(A) Documents. A person responding to a subpoena to produce documents must produce them as _______________ or must _____________.
(B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms ____________ or in a ___________.
(C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form.
(D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person __________ because of ________. On motion to compel discovery or for a protective order, the person responding must show that the information is ______________ because of _________. If that showing is made, the court may ______________ if the requesting party shows _________, considering the limitations of Rule 26(b)(2)(C). The court may __________.
FRCP 45. Subpoena

they are kept in the ordinary course of business; organize and label them to correspond to the categories in the demand; in which it is ordinarily maintained; reasonably usable form or forms; identifies as not reasonably accessible; undue burden or cost; not reasonably accessible; undue burden of cost; nonetheless order discovery from such sources; good cause; specify conditions for the discovery

(e) Duties in Responding to a Subpoena.
(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as ____________ must:
(i) __________; and
(ii) ______________, _______, or _________ in a manner that, without revealing information itself privileged and protected, will __________.
FRCP 45. Subpoenas

trial-preparation material; expressly make the claim; describe the nature of the withheld documents; communications; tangible things; enable the parties to assess the claim.

(e) Duties in Responding to a Subpoena.
(2) Claiming Privilege or Protection
(B) Information Produced. If the information produced in response to a subpoena is subject to a claim or privilege or of protection as ___________, the person making the claim may ______________. After being notified, a party must __________, _____, or ______ the specified information and ________; must ____________ the information until _________; must take _____________ if the party disclosed it before being notified; and may _______________ for the district where compliance is required for a _________. The person who produced the information must __________ until _________.
FRCP 45. Subpoena

trial-preparation material; notify any party that received the information of the claim and the basis for it; promptly return; sequester; destroy; any copies it has; not use or disclose the information; the claim is resolved; reasonable steps to retrieve the information; promptly present the information under seal to the court; preserve the information; claim is resolved

(f) Transferring a Subpoena-Related Motion.
When the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court if the person subject to the subpoena ________ or ___________. Then, if the attorney for a person subject to a subpoena is ____________, the attorney may ______________. To enforce its order, the issuing court may transfer the order to the court where the motion was made.
FRCP 45. Subpoena

consents; if the court finds exceptional circumstances; authorized to practice in the court where the motion was made; file papers and appear on the motion as an officer of the issuing court.

(g) Contempt
The court for the district where compliance is required—and also, after a motion is transferred, the issuing court—may hold in contempt a person who, ___________, ____________ to ___________ or an _________.
FRCP 45. Subpoena

having been served; fails without adequate excuse; obey the subpoena; order related to it.

(a) In General.
A party may serve on any other party a request within the scope of Rule 26(b):
(1) to __________ and ______ the requesting party or its representatives to ______, _____, _____, or ____ the following items in the responding party’s ___, ________, or _______:
(A) any designated ________ or ________—including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations—stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or
(B) any designated __________; or
(2) to permit __________ or _____________ or _________ by the responding party, so that the requesting party may __________, ______, __________, ________, ________ or ________ the ______ or any _________ on it.
FRCP 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land for Inspection and Other Purposes

produce; permit; inspect; copy; test; sample; possession; custody; control; documents; electronically stored information; tangible things; entry onto designated lang; other property possessed; controlled; inspect; measure; survey; photograph; test; sample; property; designated object or operation

(b) Procedure
(1) Contents of the Request. The Request:
(A) must ____ with _____ each _______ or ________ to be inspected;
(B) must __________ a _________, ________, and ______ for the inspection and for __________; and
(C) may __________ in which electronically stored information is to be produced.
FRCP 34

describe; reasonable particularity; item; category of items; specify; reasonable time; place; manner; performing related acts; specify the form or forms

(b) Procedure
(2) Responses and Objections.
(A) Time to Respond. The party to whom the request is directed must respond _______ within ________ or—if the request was delivered under Rule 26(d)(2)—within _________ after the parties’ first Rule 26(f) conference. A ________ may be stipulated under Rule 29 or be ordered by the court.
FRCP 34.

in writing; 30 days after being served; 30 days; shorter or longer time

(b) Procedure
(2) Responses and Objections
(B) Responding to Each Item. For each item or category, the response must either ______________ as requested or ___________, including the _______. The responding party may _________ or of ____________ instead of _________. The production must then be completed ______________ or another _________ specified in the response.
FRCP 34

state that inspection and related activities will be permitted; state with specificity the grounds for objecting to the request; reasons; state that it will produce copies of documents; electronically stored information; permitting inspection; no later than the time for inspection specified in the request; reasonable time

(b) Procedure
(2) Responses and Objections
(C) Objections. An objection must ____________ on the basis of that objection. An objection to part of a request must _______________ and ___________.
(D) Responding to a Request for Production of Electronically Stored Information. The response may state an objection to a requested form for producing electronically stored information. If the responding party objects to a requested form—or if no form was specified in the request—the party must __________.
FRCP 34.

state whether any responsive materials are being withheld; specify the part; permit inspection of the rest; state the form or forms it intends to use.

(b) Procedure
(2) Responses and Objections
(E) Producing Documents or Electronically Stored Information. Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information:
(i) A party must ________________ or must _____________;
(ii) If a request does not specify a form for producing electronically stored information, a party must _________________; and
(iii) A party ______________ in more than one form.
FRCP 34.

produce documents as they are kept in the usual course of business; organize and label them to correspond to the categories in the request; produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; need not produce the same electronically stored information in more than one form

(d) Nonparties.
As provided in Rule 45, a nonparty may ________________________________.
FRCP 34.

be compelled to produce documents or tangible things or to permit an inspection.

(a) Required Disclosures
(1) Initial Disclosure.
(A) In General. Except as exempted by Rule 26(a)(1)(B) or as otherwise stipulated or ordered by the court, a party must, ___________, provide to the other parties:
(i) the _______, if known, the ______________ of ____________ to have ___________—along with the ____________—that the disclosing party may ___________________, unless ________________;
FRCP 26. Duty to Disclose; General Provisions Governing Discovery.

without awaiting a discovery request; name and; the address and telephone number; each individual likely; discoverable information; subjects of that information; use to support its claims or defenses; the use would be solely for impeachment

(a) Required Disclosures.
(1) Initial Disclosure.
(A) In General….
(ii) a copy—or a __________________—of ______________, _________, and _________ that the disclosing party has in its possession, custody, or control and may ____________, unless _____________;
FRCP 26. Duty to Disclose; General Provisions Governing Discovery.

description by category and location; all documents; electronically stored information; tangible things; use to support its claims or defenses; the use would be solely for impeachment

(a) Required Disclosures.
(1) Initial Disclosure.
(A) In General….
(iii) a ________________—who must also make available for __________ as under Rule 34 the _____________________, unless _____________, on which each ________, including materials _____________; and
(iv) for inspection and copying under Rule 34, any ____________________ under which an ______________ in the action or to ____________________ made to satisfy the judgment.
FRCP 26. Duty to Disclose; General Provisions Governing Discovery.

computation of each category of damages claimed by the disclosing party; inspection and copying; documents or other evidentiary material; privileged or protected from disclosure; computation is based; bearing on the nature and extent of injuries suffered.

(a) Required Disclosures.
(1) Initial Disclosure.
(A) In General….
(iv) for inspection and copying under Rule 34, any ____________________ under which an ______________ in the action or to ____________________ made to satisfy the judgment.
FRCP 26. Duty to Disclose; General Provisions Governing Discovery.

insurance agreement; insurance business may be liable to satisfy all or part of a possible judgment; indemnify or reimburse for payments

(a) Required Disclosures
(1) Initial Disclosures
(B) Proceedings Exempt from Initial Disclosure. The following proceedings are exempt from initial disclosure:
(i) an action for ______________;
(ii) a __________ arising from a federal statute;
(iii) a ______________ or any other proceeding to ___________;
(iv) an action brought ______________ by a person _________, _______, or a __________;
(v) an action to ________________;
(vi) an action by the United States to ___________;
(vii) an action by the United States to ____________ by the United States;
(viii) a proceeding ancillary to a proceeding in another court; and
(ix) an action to enforce an __________.
FRCP 26. Duty to Disclose; General Provisions Governing Discovery

review on an administrative record; forfeiture action in rem; petition for habeas corpus; challenge a criminal conviction or sentence; without an attorney; in the custody of the United States; a state; state subdivision; enforce or quash an administrative summons or subpoena; recover benefit payments; collect on a student loan guaranteed; arbitration award

(a) Required Disclosures
(1) Initial Disclosure
(C) Time for Initial Disclosures—In General. A party must make the initial disclosures at or within _____________ after the parties Rule 26(f) conference unless ______________, or unless ________________ and ______________. In ruling on the __________, the court must determine what disclosures, if any, are ___________ and must ___________.
FRCP 26. Duty to Disclose; General Provisions Governing Discovery

14 days; a different time is set by stipulation or court order; a party objects during the conference that initial disclosures are not appropriate in this action; states the objection in the proposed discovery plan; objection; to be made; set the time for the disclosure

(a) Required Disclosures
(1) Initial Disclosure.
(D) Time for Initial Disclosures—For Parties Served or Joined Later. A party that is first served or otherwise joined after the Rule 26(f) conference must make the initial disclosures within ____________ after being served or joined, unless a ______________.
FRCP 26. Duty to Disclose; General Provisions Governing Discovery

30 days; different time is set by stipulation or court order.

(a) Required Disclosures
(1) Initial Disclosure
(E) Basis for Initial Disclosure; Unacceptable Excuses. A party must make its initial disclosures based on _____________. A party is not excused from making its disclosures because it has not __________ or because it ________________ or because another party __________.
FRCP 26. Duty to Disclose; General Provisions Governing Discovery.

the information then reasonably available to it; fully investigated the case; challenges the sufficiency of another party’s disclosure; has not made its disclosure

(a) Required Disclosures
(2) Disclosure of Expert Testimony
(A) In General. In addition to the disclosures required by Rule 26(a)(1), a party must ___________________ it may _________________ under Federal Rule of Evidence 702, 703, or 705.
FRCP 26. Duty to Disclose; General Provisions Governing Discovery.

disclose to the other parties the identity of any witness; use at trial to present evidence

(a) Required Disclosures.
(2) Disclosure of Expert Testimony
(B) Witnesses Who Must Provide a Written Report. Unless otherwise stipulated or ordered by the court, this disclosure must be ________________—__________ by the witness—if the witness is one ______________ to provide ___________ in the case or one whose duties as the party’s employee regularly involve giving expert testimony. The report must contain:
(i) a _______________ and the basis and reasons for them;
(ii) the _____________ by the witness in forming them;
(iii) any ______________ to summarize or support them;
(iv) the witness’s qualifications, including a list of all __________ in the previous __________;
(v) a list of _____________ in which, during the previous __________, the witness ________________ or by _________; and
(vi) a statement of the __________________ in the case.
FRCP 26. Duty to Disclose; General Provisions Governing Discovery.

accompanied by a written report; prepared and signed; retained or specially employed; expert testimony; complete statement of all opinions the witness will express; facts or data considered; exhibits that will be used; publications authored; 10 years; all other cases; four years; testified as an expert at trial; deposition; compensation to be paid for the study and testimony

(a) Required Disclosures
(2) Disclosure of Expert Testimony
(C) Witnesses Who Do Not Provide a Written Report. Unless otherwise ________________, if the witness is not required to provide a written report, the disclosure must state:
(i) the ________________ under Federal Rule of Evidence 702, 703, or 705; and
(ii) a _____________ to which the witness is expected to testify.
FRCP 26. Duty to Disclose; General Provisions Governing Discovery

stipulated or ordered by the court; subject matter on which the witness is expected to present evidence; summary of the facts and opinions

(a) Required Disclosures
(2) Disclosure of Expert Testimony
(D) Time to Disclose Expert Testimony. A party must make these disclosures at the times and _________ that the court orders. Absent a stipulation or court order, the disclosures must be made:
(i) at least ___________ before the date set for trial or for the case to be ready for trial; or
(ii) if the evidence is intended solely to ______________ by another party under Rule 26(a)(2)(B) or (C), within ________________ after the _________.
(E) Supplementing the Disclosure. The parties must supplement these disclosures when required under Rule 26(e).
FRCP 26. Duty to Disclose; General Provisions Governing Discovery

in the sequence; 90 days; contradict or rebut evidence on the same subject matter identified; 30 days; other party’s disclosure.

(a) Required Disclosures
(3) Pretrial Disclosures.
(A) In General. In addition to the disclosures required by Rule _____ and _____, a party must ____________ and ____________ the following information about the evidence that it may present at trial other than solely for impeachment:
(i) the name and, if not previously provided, the address and telephone number of _______—separately identifying those the party expects to _____ and those it ____________;
(ii) the ___________ whose testimony the party expects to present by ________ and, if not taken stenographically, a __________; and
(iii) an ____________, including summaries of other evidence—separately identifying those items the party expects to offer and those it may offer if the need arises.
FRCP 26. Duty to Disclose; General Provisions Governing Discovery

26(a)(1); (2); provide to the other parties; promptly file; each witness; present; may call if the need arises; designation of those witnesses; deposition; transcript of the pertinent parts of the deposition; identification of each document or other exhibit

(a) Required Disclosures
(3) Pretrial Disclosures
(B) Time for Pretrial Disclosures; Objections. Unless the court order otherwise, these disclosures must be _______________. Within __________, unless the court sets a different time, a party may serve and promptly file a list of the following objections: any objections to the use under Rule 32(a) of the deposition designated by another party under Rule 26(a)(3)(A)(ii); and any objection, together with __________, that may be made to the ____________ identified under Rule 26(a)(3)(A)(iii). An objection not so made—except for one under Federal Rule of Evidence 402 or 403—is waived unless __________.
FRCP 26. Duty to Disclose; General Provisions Governing Discovery

made at least 30 days before trial; 14 days after they are made; the grounds for it; admissibility of materials; excused by the court for good cause.

(a) Required Disclosures
(4) Form of Disclosures. Unless the court otherwise, all disclosures under Rule 26(a) must be _______, _______, and _______.
FRCP 26. Duty to Disclose; General Provisions Governing Discovery.

in writing; signed; served

(b) Discovery Scope and Limits
(1) Scope in General. Unless otherwise ________, the scope of discovery is as follows: Parties may obtain discovery regarding any _________ that is ______________—including the _________, _______, _________, ___________, __________, and ________ of any ____________ and the ______________ of persons who know of any __________. For good cause, the court may order discovery of any matter _______________. Relevant information need not be __________ if the discovery appears ________________. All discovery is subject to the limitations imposed by Rule 26(b)(2)(C).
FRCP 26. Duty to Disclose; General Provisions Governing Discovery

limited by court order; nonprivileged matter; relevant to any party’s claim or defense; existence; description; nature; custody; condition; location; documents or other tangible things’ identity and location; discoverable matter; matter relevant to the subject matter involved in the action; admissible at the trial; reasonably calculated to lead to the discovery of admissible evidence.

(b) Discovery Scope and Limits
(2) Limitations on Frequency and Extent.
(A) When Permitted. By order, the court may alter the limits in these rules on _________________ or on the _____________ or on the ________ under Rule 30. By order or local rule, the court may also limit ___________ under Rule 36.
FRCP 26. Duty to Disclose; General Provisions Governing Discovery

the number of depositions and interrogatories; number of depositions and interrogatories; length of depositions; the number of requests