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| the district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the Unite States |
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| Defenses and Objections: when and how presented; motion for judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial hearing |
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| unless another time is specified, a defendant must serve an answer within 21 days of being served |
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| lack of subject matter jurisdiction |
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| lack of personal jurisdiction |
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| insufficient service of process |
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| failure to state a claim upon which relief can be granted |
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| failure to join a party under rule 19 |
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Counter Claim and Crossclaim
must state the claims that they have at time of service
arises out of the transaction or occurrence
doesn't require an additional party (no jurisdiction) |
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Permissive Counterclaims
a pleading may state as a counterclaim against an opposing party any claim that is not compulsory |
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Commencing an action
A civil action is commenced by filing a complaint with the court |
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Summons
name the court and parties, be directed to the defendant, name of attorney, time to appear and defend, signed by clerk, seal |
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| Service, in general, waiving services, serving an individual in the US, serving individual in foreign country |
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Signing Pleadings, Motions, and other Papers; Representations to the Court; Sanctions
sanctions may be imposed if they are not acceptable |
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| General Rules for pleading, Short and plain statement of the claim showing that the pleader is entitled to relief |
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| Defenses, in general, general and specific denials, denying, lacking knowledge or information |
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Pleadings
complaint
answer to complaint
answer to a counterclaim designated as a counterclaim
answer to a crossclaim
third party complaint
answer to a third-party complaint
a reply to an answer |
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Amendments before trial
21 days after serving or other times have to get the opposing party's written consent or the courts leave
unless the court orders otherwise, a response to an amended pelading has to be made within the time remaining or within 14 days, whichever is later |
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Relation Back of Amendments
relates back to the date of the original pleading when the law allows relation back, claim out of the conduct, changes name of party |
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Amendments during and After Trial
too reflect the introduction of evidence that is not within the scope of the pleadings |
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| Permissive Joinder of Parties |
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Required Joinder of Parties...persons required to be joined if feasibly (doesn't work if it destroys subject matter jurisdiction)
a) can't accord complete relief among existing parties
b) protect the interest,leaves substantial risk of incursion of inconsistent obligation |
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Intervention
by fed statute, claims an interest, can be permissive or required |
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Derivative actions
som parties in the lawsuit representing others who are not in the lawsuit, so that the final decision will determine the rights of all |
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| broad power of investigation |
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| requires a party without being asked to reveal to the other party certain basic information supporting the party's claims or defenses |
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| Require the production of records |
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| compelling physical or mental examinations |
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| discovery rules in general |
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can only discover evidence that is relevant to case or defense
even if relevant the requested information may be protected if it is privileged, even relevant unprivileged information may be undiscoverable if there is potential for "annoyance, embarrassment, oppression or undue burden or expense outweighs the value |
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