The Federal Rules of Civil
Procedure: Civil litigation in
Federal courts
Class will begin momentarily, adjust your
mics and have the FRCP with you to study
during class along with the PowerPoint.
_______________
A course study of selected rules from the F.R.C.P.
most related to paralegal tasks.
Instructor: Alan Beckman, J.D.
Adjunct Professor
Contact: (1) e mail becklaw@cox.net
Introduction to the F.R.C.P.
The purposes and objectives of this course
are:
Purposes: acquaint students with federal
civil litigation through the use and
understanding of the rules governing
litigation

Objectives: a practical understanding of
the content, structure, access and use of the
F.R.C.P. and paralegal roles. Rule
memorization is unnecessary

The study of the F.R.C.P.
The methodology and approach to studying
the F.R.C.P. in this course involves:
classes (lectures, presentations by PPT,
Q & A, etc. focused on highlighted rules,
Quizzers)
 between classes (students prepare for
classes, follow-up classes and prepare for
the final examination pursuant to the
directions given during class 3)
 grading (based on attendance*,
participation, preparation and exam)
*Attendance is mandatory

Syllabus for F.R.C.P. (Part I)
…(P) download, copy and read
Chs.(titles) I, II, III and IV (C) orientation,
overview, rules 1 – 25, Q & A and the Quizzers
(F) download a federal summons from any U.S.
District Court Clerk’s web site and view the
steps/flow chart in a federal lawsuit:
http://www.scribd.com/doc/29688386/FederalCase-Flow-Chart
Note: (P)=prior to class (C)=class and
(F)=follow-up to class. Also, chapters=titles
Syllabus for F.R.C.P. (Part II)
…(P) read Titles V and VI, rules 26 - 53
and download and/or review the discovery articles
and materials listed in addendum A, in
“Resources” at owl-space (C) lecture review of
rules 26 - 53 and Q & A session, complete the
Part II Quizzers and (F) read the e discovery
article found at:
http://www.ediscoverylaw.com/2006/12/articles/n
ews-updates/ediscovery-amendments-to-thefederal-rules-of-civil-procedure-go-into-effecttoday/
See also the “Topics” listed on the left margin of
the article.
Syllabus for F.R.C.P. (Part III)
…(P) read rules 54 – 83, (C) lecture
re: rules 54 – 83, and Q & A re: highlighted
rules, Quizzers and review the exam
procedure (F) fully prepare for the final
examination, do exercises in addendum B
and take the exam as directed
HINT: The test focuses upon “accessing” the
correct rule asked for in a time efficient
manner using self created indexing systems
Structure of the F.R.C.P.
Here is how the rules are organized:
• There are 9 chapters/titles and 73 rules we
study (Titles X and XI are administrative in
nature with little or no paralegal involvement)
• Arranged chronologically
• Applies to all civil actions filed in the U.S.
District Court
• Addresses how cases proceed from filing
through motions and discovery ending with the
judgment and related matters
Content of the F.R.C.P.
Title by Title, an overview:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Scope of the rules (rules 1 and 2)
Commencement of suits (rules 3 to 6)
Pleadings & Motions (rules 7 to 16)
Parties (rules 8 to 25)
Discovery (rules 26 to 37)
Trial (rules 38 to 53)
Judgment (rules 54 to 63)
Remedies (rules 64 to 71)
Special proceedings, Courts and Misc. (rules
71.1 to 73)
Note: rule omissions & rules paraphrased
F.R.C.P. rules 1 through 25
Rule 1: Scope and purpose*
This rule sets forth the objectives of the
rules to provide a just, speedy and
inexpensive process for all civil actions in
the District Courts (except under rule 81)
Notes: Overcomes the formalities and
complexities of common law. Also,
throughout this course, rules not often
used by paralegals have *, rules
commonly used** and important rules
with extensive use and discussion***
F.R.C.P. rules 1 through 25
Rule 2: One form of action*
This rule sets forth the requirement that all
forms of suits are brought as one form: a
civil action
Notes: Overcomes the formalities and
complexities of common law requiring
separate handling of legal and equitable
actions. In the rules, lawsuits are
referred to as “civil actions”
F.R.C.P. rules 1 through 25
Rule 3: Commencement of action*
Requires actions (suits) be initiated by filing
a complaint with the court
Notes: More is required to “perfect the
lawsuit”, i.e., service of process
F.R.C.P. rules 1 through 25
Rule 4: Summons**
This rule addresses what a summons
contains, how it is issued and served and
by whom, waivers of service and
affidavits of service
Notes: this insures adequacy and
consistency in providing due notice of a
pending action
Roles?
F.R.C.P. rules 1 through 25
Rule 5: Service and filing of pleadings
and other papers**
After the complaint, all other papers filed
with the court shall be served on all
parties pursuant to this rule, e.g.,
personal delivery, leaving at attorney’s
office, mailing, leaving with the clerk if
their address is unknown, electronic
means, etc.
Notes: this insures adequacy and
consistency in providing due notice of all
filings in a case. Roles?
F.R.C.P. rules 1 through 25
Rule 6: Computing and extending
time…***
This rule deals with computing time
deadlines in civil actions, such as filing
motions for a new trial within 10 days of
entry of judgment and how the deadline
is determined (REVIEW RULE STANDARD
IN (a) (1) *next slide
Notes: Paralegals must know and use this
rule frequently and accurately
F.R.C.P. rules 1 through 25
Rule 6: Computing and extending time…***
(a)(1) Period Stated in Days or a Longer Unit. When the
period is stated in days or a longer unit of time:
(A) exclude the day of the event that triggers the period;
(B) count every day, including intermediate Saturdays,
Sundays, and legal holidays; and
(C) include the last day of the period, but if the last day
is a Saturday, Sunday, or legal holiday, the period continues
to run until the end of the next day that is not a
Saturday, Sunday, or legal holiday.
Roles?
F.R.C.P. rules 1 through 25
Rule 7: Pleadings allowed…**
This rule lists what are the allowed pleadings
and what motions are and how they are
presented. Motions must contain specific
grounds for relief and what relief is
sought.
Notes: This rule generally introduces
pleadings and motions
Roles?
F.R.C.P. rules 1 through 25
Rule 8: General rules of pleading***
This rule sets forth the requirements for both
claims and defenses in pleadings:
• Claims must contain Jurisdiction, short and
plain claim and the relief sought
• Defenses admit/deny the complaint and may
raise listed affirmative defenses (attorney
decision)
Notes: This rule specifies the basic requirements
for pleadings
Roles?
F.R.C.P. rules 1 through 25
Rule 9: Pleading special matters*
This infrequently used rule discusses how to
plead special matters such as capacity,
fraud, special damages, etc.
Notes: Consult this rule as needed in
collaboration with your attorney
F.R.C.P. rules 1 through 25
Rule 10: Form of pleadings***
Here are the basic formatting requirements
for pleadings:
• Caption: court name, parties, title, file #,
and designation, e.g., complaint
• Paragraphs: claims & defenses stated in
separately numbered paragraphs (single
set of circumstances) and may adopt by
reference (pleadings, etc.) and use
exhibits
Notes: Consult this rule when drafting claims
and defenses
Roles?
F.R.C.P. rules 1 through 25
Rule 11: Signing of pleadings…**
The rule, in summary, requires attorneys
and unrepresented parties to personally
sign all court filed documents and include
their address, e mail and phone.
The gist of this rule is to insure legally
sufficient, non-frivolous and nonharassing claims and defenses are
presented otherwise, sanctions are
allowed.
Notes: Do NOT sign court filed papers in
your or your attorneys name Roles?
F.R.C.P. rules 1 through 25
Rule 12: Defenses and objections…***
This rule primarily addresses how and what
defenses/objections are raised:
• Answers must be filed within 21 days…
• 12 (b) motions asserting defects…
• Motion for judgment on pleadings
• Motion for a more definite statement
• Motion to strike
• Waivers and joining motions
Notes: Do NOT file an answer until you and the
attorney have considered this rule Roles?
F.R.C.P. rules 1 through 25
Rule 13: Counterclaim and crossclaim**
This rule requires a counterclaim be filed when
is based on the same occurrence and no
unavailable 3rd party is required, with two
exceptions (see rule section (a)(2).
Permissive counterclaims are the remainder.
Crossclaims against copartys are allowed based
upon the same occurrence.
Notes: Consult this rule when applicable
Roles?
F.R.C.P. rules 1 through 25
Rule 14: Third-Party Practice**
This rule describes how crossclaims can be
brought against non-parties. It provides:
• How defendants can bring in another
defendant (a third party defendant)
• How plaintiffs can do the same
• For motions to strike and sever
Notes: Consult this rule when you need to
bring in non-parties Roles?
F.R.C.P. rules 1 through 25
Rule 15: Amended and supplemental
pleadings**
This rule allows amendments and
supplementation of pleadings:
• Amendments are allowed within 21 days
of service or later by court order
• If made during or after trial, freely
allowed absent prejudice to opponent
• Supplemental pleadings allowed for
claims arising after the initial claim
• Rule discusses when amendments relate
back to original filing
Roles?
F.R.C.P. rules 1 through 25
Rule 16: Pretrial Conferences**…
This rule permits the court to order parties
to appear to confer re:
 “housekeeping”, e.g., case planning
 Scheduling orders, e.g., dates for various
motions, acts, etc.
 Final P.T.C. for trial planning purposes
 Sanctions for bad faith participation
Note: Paralegal roles
F.R.C.P. rules 1 through 25
Rule 17: Plaintiff and Defendant…**
This rule discusses how parties can be
named in their capacity to sue or be sued
Example: You can sue Kyle personally or
Kyle, as guardian for Noah, a minor
Note: Paralegal roles
F.R.C.P. rules 1 through 25
Rule 18: Joinder of claims*
Infrequently used rule allowing claimants to
file all claims in a single suit she may
have against an opponent.
Note: Paralegal roles?
F.R.C.P. rules 1 through 25
Rule 19: Required Joinder of Parties**
(a/k/a Compulsory joinder rule)
A fundamental due process requirement to
join all legally interested parties (those
whose rights may be affected by the
outcome, if feasible)
Example: A quiet title lawsuit
F.R.C.P. rules 1 through 25
Rule 20: Permissive Joinder of Parties*
A rule allowing joinder of parties when
claims involve the same acts or have
common questions of facts or law
Example: Similarly defective automobiles
Note: Paralegal roles?
F.R.C.P. rules 1 through 25
Rule 21: Misjoinder and nonjoinder…*
Allows the trial judge to correct joinder
errors on just terms
Example: Lender foreclosure suit against coborrowers
Note: Paralegal roles?
F.R.C.P. rules 1 through 25
Rule 23: Class actions**
Rules outlining the requirements to be certified
as a class action and the oversight role of
the court in proceedings as a class action
Example:”Erin Brockovitz”
Note: Paralegal roles?
F.R.C.P. rules 1 through 25
Rule 25: Substitution of Parties*
Specifies when and how substitution of
parties may occur, e.g., if a party dies
during a case
Note: Paralegal roles?
Class one “Quizzers” Pt. I
Match terms in the left column to the
related terms in the right column!
Summons
Plaintiffs, Defendants
Complaint
Summons defect dismiss
Parties
First pleading filed
Answer
Defense claim re: Plaintiff
Crossclaim
Response to Complaint
Counterclaim
3rd Party Complaint
Rule 12(b) motions
F.R.C.P. 4
Class one “Quizzers” Pt. II
MATCHING QUESTIONS: Using the chart below, make notes as to what
rule relates to the topics in the left and right columns. The interior
columns contain the rules you may choose from:
Summons
16
12
Time
computations
Serving
motions
4
5
Motion to
dismiss,
defective
summons
Motion to
amend an
answer
14
6
Claims must
have a short
statement of
it’s grounds
Filing 3rd
party
lawsuits
15
8
Planning
conference