RULES:

FED. R. CIV. P. 1, 2, & 3 = Scope and purpose (rules should be applied in a just, speedy, and inexpensive way for federal
courts)

FED. R. CIV. P. 6(a) & (b) = Computing and Extending Time; Time for Motion Papers
(a) COMPUTING TIME.
(1) When the period is stated in days or a longer unit of time:
(2) When the period is stated in hours:
(3) when clerk’s office is inaccessible
(4) when the last day ends
(5) The ‘‘next day’’
(6) ‘‘Legal holiday’’ meaning
(b) EXTENDING TIME = can do so with or without motion or notice if the court acts, or if a request is made,
before the original time or its extension expires; or on motion made after the time has expired if the party failed to
act because of excusable neglect.
 Exceptions = Cannot extend time to act under Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b).

28 U.S.C. § 1332(a)
SUBJECT MATTER JURISDICTION:

FED. R. CIV. P. 12(b)(1) = SMJ is a defense

FED. R. CIV. P. 12(h)(3) = cannot waive SMJ

28 U.S.C. § 1332(b) 28 U.S.C. § 1332(c)

28 U.S.C. § 1331

28 U.S.C. § 1441(a), 1441(b)(2)

28 U.S.C. § 1442(a)

28 U.S.C. § 1445(c)

28 U.S.C. § 1446(a) through (c)(2)

28 U.S.C. § 1447
PERSONAL JURISDICTION:
 FED. R. CIV. P. 12(b)(2) = personal jurisdiction can be a defense

FED. R. CIV. P. 12(h)(1) = 2-5 from rule 12(b)(2) can be waived, including personal jurisdiction, improper venue,
insufficient processes, insufficient service of process
SUMMONS:
 Fed. R. Civ. P. 4(a)-(e) & (l) =
(a) lists what must be in them (contents), and says summons may be amended
(b) issuance = On or after filing the complaint, the plaintiff present summons to the clerk for signature and seal,
then clerk issues it to the plaintiff for service on the defendant. Summons or copy of it must be issued for each
defendant if there are multiple
(c) must be served with copy of complaint and within time allowed under 4m. anyone at least 18 and not a party to
the case can serve summons and complaint. but plaintiff is allowed to request that a specific person make the
service
(d) Letter sent with copy of the complaint and 2 waiver forms to the defendant; def can waive process, but if
chooses not to (or doesn’t respond), he will be served in person and charged for the cost of hand delivery (gives
defendant 30 days to return the waiver or 60 days if not in US).
o A defendant who timely returns waiver before being served with process does not need to serve an
answer until 60 days after the request was sent (or 90 if sent to defendant outside US).
o Waiving service of a summons does not waive any objection to personal jurisdiction or to venue.
(e) How to serve = by following the state law of serving a summons in an action brought in courts of general
jurisdiction in the state where the district court is or where service is made or:
o delivering copy of summons and complaint to the individual personally
o leaving copies at dwelling
o leaving at usual place of abode with someone of suitable age and discretion who resides there
o delivering copies to an agent authorized by appointment or by law to receive service of process.
(f) Proving service = Unless service is waived, proof of service must be made to the court through affidavit (except
if service by a US marshal. If served to outside of US and if serving US itself, must follow applicable treaty
convention. Also mentions weird rules for other outside circumstances
o Failure to prove service does not make service invalid – proof of service may be amended
SERVING PLEADINGS
 Fed. R. Civ. P. 5(a) & (b) =
 What must be served = order stating service is required, pleading filed after original complaint (unless multiple
defendants, then may treat different under rule 5(c)), a discovery paper, a written motion, and a written notice,
appearance, demand, or offer of judgement. Not required to serve party who failed to appear, unless pleading asserts
a new claim, then must still serve.
o If action begun by seizing property, and no one is or needs to be named as defendant, any service required
before the filing of an appearance, answer, or claim must be made on person who has possession of the
property
 How service is made  If party is represented by attorney, must serve attorney unless court orders service on the
party. Paper is served by: (I think in order of most reasonable)
o Handing it to person
o Leaving it:
 At person’s office with clerk or someone in charge (if no on in charge, in conspicuous place in
office)
 At person’s dwelling or usual place of abode with someone of suitable age and discretion who
resides there if not office or if office is closed
o Mailing it to the person’s last known address (complete upon mailing)
o Leaving it with the court clerk if the person has no known address
o Sending electronically if person consented in writing (complete upon transmission but not effective if
serving party learns it did not reach them)
o Delivering it by any other means that the consented to in writing

28 U.S.C. § 1390(c)

28 U.S.C. § 1391(b)-(e)

28 U.S.C. § 1404

28 U.S.C. § 1406

28 U.S.C. § 1631
PLEADINGS
 FED. R. CIV. P. 8(a), (d) & (e)

FED. R. CIV. P. 9

FED. R. CIV. P. 10

FED. R. CIV. P. 7

FED. R. CIV. P. 7.1

FED. R. CIV. P. 11(a)&(b)

FED. R. CIV. P. 12(a)

FED. R. CIV. P. 12(b)-(h)

FED. R. CIV. P. 38(b)&(d)

FED. R. CIV. P. 8(b)-(c)

FED. R. CIV. P. 15(a) & (b)

FED. R. CIV. P. 16(b)(4

FED. R. CIV. P. 16

FED. R. CIV. P. 26(a)(2), 26(f)

FED. R. CIV. P. 26(a)(1)(A), 26(b)(1), 26(b)(3)(A), 26(b)(4) & (5), 26(c), 26(d)

FED. R. CIV. P. 37(a)(1)

FED. R. CIV. P. 30, 33, 34 & 36 (read rule 30(b)(6) carefully!)

• FED. R. CIV. P. 56

Joinder Chart, Babich Civil Procedure Summary pt. V, pp. 18
 19 (on TWEN) (and review the joinder rules cited in the chart)

42 U.S.C. § 1367

FED. R. CIV. P. 38(b)&(d)

FED. R. CIV. P. 50(a)

FED. R. CIV. P. 52(a)(1)

FED. R. CIV. P. 58(a), (e)

FED. R. CIV. P. 65

FED. R. CIV. P. 59(a), (d), (e)

FED. R. CIV. P. 60

FED. R. CIV. P. 61

RESTATEMENT (SECOND) OF JUDGMENTS §§ 17, 20, 24-26

RESTATEMENT (SECOND) OF JUDGMENTS §§ 27-29

FED. R. APP. 4(a)(1) & (4)

28 U.S.C. § 1292(b)

FED. R. APP. 5(a), (b)

FED. R. CIV. P. 23

28 U.S.C. § 1332(d)(2) & (11)(A) & (B)