Rules

Notice
o Rule 4: Service of Process
(c)(1): Summons and Complaint served together.
(m): Process served within 120 days. Else, dismissed with prejudice.
(c)(2): Effected by a non-party who is at least 18 years old.
(e)(1): Can serve by following st. law RE: serving a summons.
(e)(2): Methods of Service on Individual
(A): Personal Service.
(B): Substituted Service leaving at dwelling or usual place of abode.
(C): Agent Service.
(h)(1): Methods of Service on Corporation
(B): Deliver service to officer or managing agent or general agent.
(d): Waiver of Service P can request that D waive service of process.
(2): Failure to waive without good cause imposes expenses on D.
(3): If timely waived then D has 60 days to respond to the complaint.
(k): Territorial Limits service of process establishes PJ over a D if
(A): D is subject to jurisdiction of ct. in st. where dt. ct. is located.
(B): Party joined under R 14 & R 19 is served within 100 miles of ct.
(b): Notice must be reasonably calculated to inform the D of the suit.
SMJ
o 1332: Diversity Jurisdiction
(a): Dt. has original jurisdiction over all actions where the amount in controversy is more than
$75,000 and is between
(1): Citizens of different sts.;
(c)(1): Corporations are citizens of any st. which it is incorporated in and of the st. where it
has its PPB.
(c)(2): Legal representatives of minors, decedents or incompetents are citizens of the person
being represented. For Class Actions, look to citizenship of representative.
o 1331: Federal Question (FQ) Dt. ct. has jurisdiction over all civil actions arising under the
Constitution, laws, or treaties of the United States.
o 1367: Supplemental Jurisdiction (SJ)
(a): Dt. cts. have SJ over all claims that are related to claims in the action that they form part
of the same case or controversy. SJ also includes claims that involve Joinder or Intervention
of additional parties.
(b): Exception to (a) Dt. cts. shall not have SJ over claims by Ps against persons parties
under Rs 14, 19, 20, or 24, or claims by persons joined as Ps under R 24.
(c): Exception to (a) Dt. cts. can decline to exercise SJ over claims if the
(1) Claim raises a novel or complex issue of st. law.
(2) Claim substantially predominates over the claim or claims over which the dt. ct.
has original jurisdiction.
(3) Dt. ct. dismissed claims over which it had original jurisdiction.
(4) There are other compelling reasons for declining jurisdiction.
Venue
o 1391: Venue
(a): A civil action where the jurisdiction is founded on Diversity of Citizenship can be brought
in
(1): A judicial dt. where any D lives, if all the Ds live in the same st.
(2): A judicial dt. where a Substantial Part of the Events or Omissions giving rise to
the claim occurred.
(3): A judicial dt. where any D is subject to PJ at the time action is commenced, if
there is no dt. where the action may be brought.
(b): A civil action wherein jurisdiction is NOT founded on Diversity of Citizenship can be
brought in
(1): A judicial dt. where any D lives, if all Ds life in the same st.
(2): A judicial dt. where a Substantial Part of the Events or Omissions giving rise to
the claim occurred.
(3): A judicial dt. in which any D may be found, if there is no dt. where the action
may be brought.
o 1404: Change in Venue
(a): For the convenience of parties and witnesses, in the interest of justice, a dt. ct. may
transfer any civil action to an other dt. or division where it might have been brought.
o 1406: Cure or Waiver of Defects
A dt. ct. of a dt. where a case is filed, laying venue in the wrong division or dt. shall dismiss,
or if in the interest of justice, transfer the case to any dt. or division where it could have been
brought.
Pleadings
o Rule 8 General Rules of Pleading
(a): Claim for Relief a pleading that states a claim for relief must have
(1) Short and plain statement of the grounds for ct.s jurisdiction, unless ct. already
has jurisdiction and the claim doesnt need new jurisdictional support.
(2) Short and plain statement of the claim showing that the pleader is entitled to
relief.
(3) Demand for the relief sought, it may include relief in the alternative or different
types of relief.
(b): Defenses; Admissions and Denials
(1): In responding to a pleading, a party must
o (A): State in short and plain terms its defenses to each claim asserted
against it; and
o (B): Admit or deny the allegations asserted against it by an opposing party.
o Rule 11 Signing Pleadings, Motions and Other Papers; Representations to the Ct.; Sanctions
o Rule 12 Defenses and Objections
(a)(1)(A)(i): D must serve an answer within 21 days after being served with the summons and
complaint;
(a)(1)(A)(ii): If D properly waived service, then D has 60 days.
(b): Every defense to a claim for relief in a pleading must be asserted in the responsive
pleading if one is required. A party can assert the following defenses by motion:
(1): lack of SMJ;
(2): lack of PJ;
(3): improper venue;
(4): insufficient process;
(5): insufficient service of process;
(6): failure to state a claim upon which relief can be granted; and
(7): failure to join a party under Rule 19.
(e): Motion for a More Definite Statement when a responsive pleading is allowed but it is so
vague or ambiguous that the party cannot reasonably prepare a response.
(f): Motion to Strike the ct. may strike from a pleading an insufficient defense or any
redundant, immaterial, impertinent, or scandalous matter.
o Rule 15 Amended Pleadings
(a)(1): A party may amend its pleading one time as a matter of course within (A) 21 days of
serving it; or (B) if the pleading is one to which a responsive pleading is required, 21 days
after service of a responsive pleading or 21 days after service of a motion under Rule 12(b),
(e), or (f), whichever is earlier.
Joinder
o Rule 18 Joinder of Claims
(a): A party already asserting a claim may join as many claims as it has against an opposing
party.
(b): A party can join two claims even though one is contingent on the other; the ct. may grant
relief only in accordance with the parties relevant substantive rights. **In particular, a P may
state a claim for money and claim to set aside a conveyance that is fraudulent as to that P,
without first obtaining a judgment for that money.
o Rule 13 Counterclaims and Crossclaims
(a): Compulsory Counterclaims a pleading must state as a counterclaim any claim that the
pleader has against an opposing party if the claim:
(1)(A): arises out of the transaction or occurrence that is the subject matter of the
opposing partys claim; and
(1)(B): Does not require adding another party over whom the ct. cannot acquire
jurisdiction.
(b): Permissive Counterclaim a pleading may state as a counterclaim against an opposing
party any claim that is not compulsory.
(g): Crossclaim a pleading may state as a crossclaim any claim by one party against a co-
party if the claim arises out of the transaction or occurrence that is the subject matter of the
original action or of a counterclaim, or if the claim relates to any property that is the subject
matter of the original action.
o Rule 20 Permissive Joinder of Parties
(a)(1)/(2): Persons [(2) as well as a vessel, cargo, or other property subject to admiralty
process in rem] may be joined in one action as Ps/Ds if:
(A): They assert any right to relief jointly, severally, or in the alterative with respect
to or arising out of the same transaction, occurrence, or series of transactions or
occurrences.
(B): Any question of law or fact common to all Ps/Ds will arise in the action.
o Rule 21 Misjoinder: misjoinder of parties is not a ground to dismiss an action. A ct., on motion or
sua sponte, on just terms, add or drop a party. The ct. can also sever a claim against a party.
o Rule 19 [Compulsory] Joinder of Parties
(a)(1): A person who is subject to service of process and whose joinder will not deprive the ct.
of SMJ MUST be joined as a party if:
(A): In that persons absence, the ct. cannot accord complete relief among existing
parties.
(B): That person claims an interest relating to the subject of the action and is so
situated that disposing of the action in the persons absence may;
o (i): impair or impede the persons ability to protect the interest; or
o (ii): leave an existing party subject to a substantial risk of incurring double,
multiple, or otherwise inconsistent obligations because of the interest.
(a)(2): Joinder by Ct. order if a person has not been joined as required, the ct. must order
that the person be made a party.
(a)(3): If a joined party objects to venue and the joinder would make venue improper, ct. must
dismiss that party.
(b): When joinder is not feasible if a person who is required to be joined if feasible cannot
be joined, the ct. must determine whether, in equity and good conscience, the action should
proceed among the existing parties or should be dismissed.
o Rule 14 Impleader
(a)(1): A defending party may serve a summons and complaint on a non-party who is or may
be liable to it for all or part of the claim against it. The third-party P must obtain the ct.s
leave if it files the third-party complaint more than 14 days after serving answer.
(a)(2)(A)-(D): TPD must assert defense against TPPs claim under Rule 12; must assert any
counterclaim or crossclaim against another TPD under Rule 13; may assert against P any
defense that TPP has to the Ps claim; may assert against the P ANY CLAIM arising out of the
transaction or occurrence that is the subject matter of the Os claim against the TPP.
o Rule 24 Intervention
(a): Intervention of Right: ct. must permit anyone to intervene who
(1): Is given an unconditional right to intervene by a federal statute or
(2): Claims an interest relating to the property or transaction that is the subject of the
matter. Disposing of the action may impair or impede the movants ability to
protect its interest, unless existing parties adequately represent that interest.
(b): Permissive Intervention
(1)(A): Is given an unconditional right to intervene by a federal statute or
(1)(B): has a claim or defense that shares with the main action a common question of
law or fact.
o Rule 22 Interpleader
(a)(1): Persons with claims that expose a P to double or multiple liability may be joined as Ds
and required to interplead. Joinder for interpleader is proper even though:
(A): The claims of several claimants, or the titles on which their claims depend, lack
a common origin or are adverse and independent rather than identical; or
(B): the P denies liability in whole or in part to any or all of the claimants.
o Rule 23 Class Action
(a): Prerequisites
(1): Class is so numerous that joinder of all members is impracticable.
(2): There are questions of law or fact common to the class.
(3): The claims/defenses of the representative parties are typical of the
claims/defenses of the class; and
(4): The representative parties will fairly and adequately protect the interests of the
class.
(b): Types of Class Actions: may be maintained if Rule 23(a) is satisfied.
(1): Prosecuting separate actions by/against individual class members would create a
risk of
o (A): Inconsistent or varying adjudications that would establish incompatible
standards of conduct for opposing party.
o (B): Would be dispositive of the interests of other members not parties to
the individual adjudications.
(2): The party opposing the class has acted/refuse to act on grounds that apply
generally to the class, so that the final injunctive relief or corresponding declaratory
relief is appropriate respecting the class as a whole.
(3): The ct. finds that questions of law or fact common to class members
predominate over any question affected only individual members, and that a class
action is superior to other available methods for fairly and efficiently adjudicating
the controversy.
Discovery
o Rules 26: Required Disclosures; General discovery
o Rule 30, 31: Depositions
o Rule 33: Interrogatories
o Rule 34: Request to Produce
o Rule 35: Physical/Mental Examination
o Rule 36: Request for Admission
o Rule 26: Objections [to Discovery requests], Discovery Conferences
o Rule 37: Motions to Compel, Discovery Sanctions
Pre-Trial Adjudication
o Rule 41: Voluntary and Involuntary Dismissal
o Rule 55: Default
o Rule 12(b)(6): Motion to Dismiss for Failure to State a Claim
Trial and Related Motions
o Rule 50: Judgment as a Matter of Law (JMOL)
o Rule 59: Motion for a New Trial