Civ Pro II Flashcards
Rule 20(a)
Standard for Joining Plaintiffs
(a) Multiple people can join as plaintiffs in a lawsuit if:
(1) Their claims are based on the same event or related events, and
(2) There is at least one common legal or factual issue in all their claims.
What is the objective of 20 (a)(1)
Rule seeks to make sure that people with related claims can be part of the same case instead of filing separate lawsuits
Rule (13)(a)
what does it cover
Cumpulsory counterclaims
State the rule for 13(a)
A compulsory counterclaim is a claim that a defendant must bring in the same lawsuit - If someone sues you, and you have a claim against them that arises from the same situation, you must include it in your response as a counterclaim.
if it :
(1) arises from the same transaction or occurence
(2) does not require adding another party that might mess up adjudication
Speak now or forever hold your ☮️
Transaction and occurence
Time, Motivation, Space, and origin of a claim
Rule 13(b)
Permissive Counterclaims
State the Rule of 13 (b)
Allows permissive counter claims
These are claims against an opposing party that aren’t compulsory, meaning they don’t arise out of the same transaction or occurrence.
If a party fails to join a permissive counterclaim, it is not lost it may be the subject of a separate action at a different time.
Rule 13(g)
Crossclaims
A crossclaim occurs when one party in a lawsuit sues another person on the same side of the v. ( like a codefendant) because theier dispute arises out of or is related to the same event in the case.
True or False
Only a plaintiff can utilize Crossclaims 13(g)
False
True or false
Crossclaims are permissive not cumpulsory
True a crossclaim is permissive because it does not have to be brought in the current case it - can be filed as a separte lawsuit later. Unlike cumpolsory counterclaims.
you can file it you dont have to.
Distinguish
Rule 18(a) from Rule 20(a)(1)
Rule 18 governs the joinder of claims
versus
Rule 20(a)(1) governs the joinder of partys
Rule 18
A party can bring multiple claims related or unrelated agans the same opposing party. This promotes efficiency by resolving multiple disputes in one case
Joinder of Claims
Rule 18(a)
Cumpulsory Joinder of Parties
Rule 19
True or False
Misjoinder of parties is not grounds for dismissal
True, Rule 21 expressly states that misjoinder of parties is not grounds for dismissing an action
True or False
The trial judge has the discretion to sever the claims or to dispose of them in the same proceeding
True
28 U.S.C. § 1367
provides the rules for when federal courts can hear state law claims that are related to federal claims in a lawsuit. It establishes when supplemental jurisdiction applies and when courts can decline it.
28 USC 1367(c)
A federal court can choose not to hear state-law claims that are related to a federal case under subsection(a) if:
The state-law issue is new or complicated,
The state-law claim is the main part of the case,
The federal court has already dropped all the federal claims, or
There’s a strong reason why the court shouldn’t handle the state-law claim.
28 USC 1367(a)
- A federal court can hear related state-law claims if it already has jurisdiction over a federal claim.
- The state-law claims must be closely connected to the federal claims.
- This means they must arise from the same set of facts or events.
- The purpose is to allow the court to handle all related claims in one case instead of requiring separate lawsuits.
28 USC 1367(b)
in cases based solely on diversity jurisdiction, federal courts cannot hear certain related state-law claims if doing so would undermine the rules of diversity jurisdiction. Specifically:
This applies only when the court’s jurisdiction is based on diversity of citizenship (i.e., parties are from different states).
The court cannot hear state-law claims brought by plaintiffs against certain additional parties (such as those joined under Rules 14, 19, 20, or 24 of the Federal Rules of Civil Procedure).
True or False
A federal court may decline to exercise supplemental jurisdiction when the court has dismissed all claims over which there was an independent basis for subject-matter jurisdiction.
True
FRCP 24
Allows a non-party to the suit to move to intervene if
Intervention
FRCP 20
Allows multiple plaintiffs or defendants to join in one lawsuit if their claims are related and involve common legal or factual issues.
Permissive joinder of parties; standard for joining parties
FRCP 19
Requires certain parties to be included in a lawsuit if their absence would prevent complete resolution of the case or harm their interests.
Cumpulsory (required)joinder of parties
FRCP 14
Allows a defendant to bring in another party (a third-party defendant) who may be responsible for part or all of the plaintiff’s claim.
Third party practice
Under § 1367(b),
in diversity cases, plaintiffs cannot use these rules to add claims against additional parties in a way that would destroy complete diversity (i.e., where all plaintiffs must be from different states than all defendants).
Requires a short and plain statement of the claim showing that the plaintiff is entitled to relief. It also requires defenses to be stated clearly and concisely.
General pleading
Rule 8
Rule 9
(Pleading Special Matters) – Certain claims, like fraud or mistake, must be stated with specific details rather than just general allegations.
Rule 11
Rule 11
(Signing Pleadings, Motions, and Sanctions) – Every filing must be signed by an attorney (or the party if unrepresented), certifying: 1. that it is not for improper purposes,
2. is legally and factually reasonable,
3. and is based on evidence.
4. If not Courts can impose sanctions for violations.
Rule 15 (Amended and Supplemental Pleadings)
Allows parties to amend their pleadings, such as correcting mistakes or adding claims, usually with the court’s permission if done after a certain time. Courts generally allow amendments if they won’t unfairly harm the other party.
Rule 12(a)
Time to Respond: A defendant generally has 21 days to file an answer after being served with a complaint.
Rule 12(b)
Defenses by Motion: A defendant can file a motion to dismiss based on these seven defenses:
1) Lack of subject-matter jurisdiction (court has no authority over the case)
2) Lack of personal jurisdiction (court has no authority over the defendant)
3) Improper venue (wrong location for the case)
4) Insufficient process (problem with the summons or complaint)
5) Insufficient service of process (defendant wasn’t properly served)
6)Failure to state a claim (even if facts are true, no legal claim exists)
7)Failure to join a necessary party (missing a required party under Rule 19)
Rule 12(e)
Motion for a More Definite Statement: If a complaint is too vague, a defendant can ask for a clearer version.
Rule 12(f)
Motion to Strike: A court can remove irrelevant, scandalous, or improper parts of a pleading.
Rule 12(g)-(h) –
Waiving Defenses: Some 12(b) defenses (like personal jurisdiction and improper venue) must be raised early or they are waived. Others, like lack of subject-matter jurisdiction, can be raised at any time.
Rule 20(a)(2)
Establishes the standard for joining multiple defendants
1. arising out of the same action or occurence
2. atleast one question of common law or fact
What are
The 4 Killers
Pre- Answer Motions that will end the case
- 12(b)(1): Lack of Subject Matter Jurisdiction
- Rule 12(b)(2): Lack of personal jurisdiction
- Rule 12(b)(3): Improper Venue; court cant proceed if wrong distirict
- Rule 12(b)(4): Failure to state a claim upon which relief can be granted ( Maybe given another shot if, can restate a proper claim, with an amendment to the pleading governed by courts consent).
12 (g- h)
The following
Must be disputed or waived
Rule 12(h) What happens if you forget to raise an issue
- Lack of personal jurisdiction
- Lack of venue
- Improper process
- Improper service of process
Define
Lack of Personal Jursidiction
Personal Jurisdiction refers to a court’s authority to make decisions affecting a particular defendant. If a court lacks personal jurisdiction, it cannot proceed against that defendant, and the case may be dismissed.
must be disputed or waived
Define
Lack of Venue
Refers to the specific location where the case is being tried.
must be disputed or waived
Improper process
Notice of the lawsuit documents were improperly seved or wrong in some way ; was done incorrectly
must be disputed or waived
Improper Service of Process
How someone was served with legal paper: was the person or entitiy properly given notice of the lawsuit
must be disputed or waived
What are the
3 that can be remedied
- Defective process : how the lawsuit papers are written
- Defective service of process: how the legal documents are deliverd
- Failure to join a necessary party : Challeng if importany people essential to the case are missing .
12 (g)
You must include all your objections in one motion. No piecemeal objections.
Objective of
FRCP 12 🚨
❤️Provides tools to dismiss weak or improperly filed lawsuits.
❤️Certain objections must be rasied early to avoid being waived
❤️Helps ensure cases proceed correctly and fairly
FRCP 19 Rule Statement
A person must be joined in a lawsuit if their absence would prevent the court from fully resolving the case or could harm their legal interests. If they are not joined, the court must order their inclusion. If adding them makes the venue improper, the court must dismiss them.
Intervention 24 (a)
Intervention of right
Allows a non-party to intervene if
- The motion is timely > Timeliness
2.Person has an interest relating to the property or transaction that is subject to the action > interest
3.Likley Impairment of that interst > impairment
4.Inadequate representation of their views or interst > lack of representation
24(a)
provides that a non party has a right to intervene if she has an interst in the transaction and that interst may be impaired unless she is allowed to become a party.
intervenors of right
24(b)
authorizes permissive intervention if the applicants claim or defense involves a question of law or fact that is also raised by the main action.
permissive intervener
Rule 22
Interpleader: a proceeding that brings all claimants to particular fund or property before the court in a single suit to litigate ownership of that property in a single proceeding.
19(b)
provides guidance to courts in deciding what to do if an absentee should be joined under 19(a) but cannot be made party due to jurisdiction or venue issues.
28 U.S.C § 1335
Statutory interpleader
- must have 500.00
- minimal diversity
- authority to excercise jurisdiction over claimants found anywhere in the US.
FRCP 22
Rule interpleader
- must exceed 75k
- complete diversity or federal question
- claimants must be subject to personal jurisdiction
True or False
The admissibility of expected exhibits disclosed under Rule 26(a)(3) must be objected by the opposing partry within 14 days
True - if any objection is not made within the 14 days the objection cannot be made at trial unless the party convicnes the court that there was good cause no to object at the time. Applies except to any objection of relevance under FRE 402- & 403
Claw Back
Is a process that involves an agreement that parties make allowing the producing party to have prilveged information to be returned if it was inadvertanlty produced.
True or false
Additional automatic disclosures must be made shortly before trial, unless the court orders otherwise atleast 30 days before trial parties must disclose the name of each witness it expects to call at trial
True
True or False
There must be atleast 21 days before trial for parties to disclose and identify each document of other exhitbits
False- parties have 30 days before trial to identify each document or other exhibit that the party expects to offer at trial.
Rule 26 (a)
Required disclosures outlines three categories of required disclosures that parties must make without waiting for a discovery request.
Three Required Disclosures under 26(a)
- Initial Disclosures – Rule 26(a)(1)
✅ 2. Expert Disclosures – Rule 26(a)(2)
✅ 3. Pretrial Disclosures – Rule 26(a)(3)
Rule 26(a)(1)
Initial Disclosures :
Basic information about people, documents, damages, and insurance relevant to the case.
Must be exchanged early in the case (usually within 14 days after the Rule 26(f) conference).
Rule 26(a)(2)
Expert Disclosures: Information about any expert witnesses a party intends to use at trial.
Includes detailed expert reports for retained experts.
Rule 26 (a)(3)
Pretrial Disclosure: Information about trial evidence: witnesses, depositions, and exhibits a party expects to use at trial.
Must be disclosed at least 30 days before trial.
“What is the purpose of a Request for Admission under Rule 36?”
, “To get a party to admit or deny facts, the application of law to fact, or the genuineness of documents, helping narrow issues for trial.”
“Who can you serve a Rule 36 request on?”,
“Only parties to the lawsuit.”
“What happens if a party fails to respond to a Request for Admission wit
The matter is deemed admitted.”
“What are the valid responses to a Request for Admission?”,
“Admit, Deny, Object (with grounds), or State that the party cannot admit or deny after a reasonable inquiry.”
“Can you request the authenticity of documents under Rule 36?”,
“Yes, you can request admission of the genuineness of documents.”
“What is the effect of an admission under Rule 36?”, “
It is conclusive in the case unless withdrawn or amended by court order.”
“Can admissions under Rule 36 be used against the party in other cases?”,
“No — admissions are binding only in the current case.”
“What must a denial under Rule 36 include?”,
“A specific denial or explanation of why the party cannot truthfully admit or deny.”
