Federal Rules of Civil Procedure

Question 0

Rule 12(b)(6)

Answer 0

Motion to dismiss for failure to state a claim - demurrer

Question 1

Rule 12(f)

Answer 1

Motion to strike due to an immaterial, scandalous, or frivolous claim.

Question 2

Rule 7

Answer 2

Pleadings Allowed; Form of Motions and other papers

Question 3

Rule 7(a)

Answer 3

Pleadings. 
Only these pleadings are allowed:
(1) a complaint
(2) answer to a complaint
(3) answer to a counterclaim
(4) answer to a crossclaim
(5) a third-party complaint
(6) an answer to a third-party complaint
(7) if the court orders one, a reply to an answer.

Question 4

Rule 7(b)

Answer 4

Motions and Other Papers
(1) In General. A request for a court order must be made by a motion:
(A) be in writing unless made during hearing or trial
(B) state with particularity the grounds for seeking the order
(C) state the relief sought

Question 5

Rule 8

Answer 5

General Rules of Pleading

Question 6

Rule 8(a)

Answer 6

Claim for Relief.
A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court’s jurisdiction (unless court already has jurisdiction)
(2) a short and plain statement of the claim showing the pleader is entitled to relief
(3) a demand for relief sought

Question 7

Rule 8(b)

Answer 7

Defenses, Admissions, and Denials.
(1) In General. In responding to a pleading, a party must:
(A) state in short and plain terms its defenses to each claim asserted against it, and
(B) admit or deny the allegations against is by an opposing party

Question 8

Rule 8(b)(2)

Answer 8

Denials - Responding to the Substance.

A denial must fairly respond to the substance of the allegation.

Question 9

Rule 8(b)(3)

Answer 9

General and Specific Denials.
A party that intends in good faith to deny all the allegations of a pleading - including jurisdictional grounds - may do so by a general denial

Question 10

Rule 8(b)(4)

Answer 10

Denying Part of an Allegation.
A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest.

Question 11

Rule 8(b)(5)

Answer 11

Lacking Knowledge or Information.
A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.

Question 12

Rule 8(b)(6)

Answer 12

Effect of Failing to Deny.
An allegation - other than one relating to the amount of damages - is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.

Question 13

Rule 8(c)

Answer 13

Affirmative Defenses
(1) In General.
In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:
- there are 19 factors stated in the non-exhaustive list…

Question 14

Rule 9

Answer 14

Pleading Special Matters

Question 15

Rule 9(a)

Answer 15

Capacity or Authority to Sue; Legal Existence

Question 16

Rule 9(a)(1)

Answer 16

In general. Except when required to show that the court has jurisdiction, the pleading need not allege:

(a) a party’s capacity to sue or be sued
(b) a party’s authority to sue or be sued in a representative capacity
(c) the legal existence of an organized association or persons.

Question 17

Rule 11

Answer 17

Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

Question 19

Rule 11

Answer 19

Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
- You must sign ALL pleadings submitted to the court.