Notice
Rule 4(a)
3 Types of Service:
1. Personal
2. Waiver
3. Service by Publication
Pleading
Rule 8: Complaint
Rule 15:
Amendment of Pleading; Granted
Liberally
15(a) - Timeline
15(c) - Relation back; sametrans.
Rule 11: Sanctions
*SafeHarbor
Answers Types:
->Default (Rule 55)
->Pre-Answer (Rule 12)
->Answer
Answer:
1.Jurisdiction
2. Failure to State a Claim
3. Denial/Admission: Rule 8(b)
4. Affirmative Defense8(c)
5. Motion for More Definite
Statement
6. Counterclaim, Crossclaim
Rule 7: Reply
Pre-Trial
Rule 55: Default Judgment
Discovery
Rule 26: Mandatory Disclosure
Rule 41(a): Voluntary Dismissal
Rule 41(b): Involuntary
Dismissal
Rule 26(f): Discovery Conference
Rule 56(a): SummaryJudgment
- ReasonableJury
Twiqbal Standard:
Facial Plausibility
Rule 9: Fraud
Must be stated with particularity
Protective Order
Rule 26(b) Work Product;
Anticipation of Litigation
Exception: 1. Substantial Need 2.
Undue Hardship
Experts:
-> Testifying: must disclosework
product drafts
->Consulting: no disclosure unless
medical exam was conducted or
the opponent showsexceptional
needs
->FactWitness: no disclosure, any
party can conduct discovery
Trial
Rule 16: Pretrial Conferences
Standard for Amending Pretrial
Order: To Prevent “Manifest
Injustice”
Judge/Jury
7th Amendment
1791Test
Rule 50:JAML
Post-Trial
Rule 35: Physical and Mental
Exam; Controversy & GoodCause
Rule 50:JAML
Rule 59: New Trial
Joinder
Rule 18(a):A plaintiff may join
any unrelated claims against a
defendant
Rule 20: (multiple defendants)
sametransaction or occurrence
Compulsory Counterclaims: arise
from the sametransaction or
occurrence. *must be pleaded or
they will be lost
Permissive Counterclaims: All
counterclaims that aren’t
compulsory. Permissive claims
will not be lost if they are not
plead.
CrossClaims: Claim against a
co-party. Crossclaimsare not
compulsory in federal procedure.
Impleader: Rule 14(a) Defendant
joins a third party under
derivative liability. Can’t be “him
not me"
If P against third party
defendant, look at supplemental
jurisdiction rules