FRCP titles and concepts Flashcards
Rule 1
Scope and Purpose of FRCP – “the court should construe and administer these rules to secure the just, speedy, and inexpensive determination of every action, so the parties share the responsibility to employ the rules in the same way.”
Rule 3
commencing an action
rule 4
summons
Rule 4.1
serving other process
Rule 5
serving and filing pleadings and other papers
Rule 5.1
constitutional challenge to a statute – notice, certification, and intervention
Rule 5.2
privacy protection for filings made with the court
Rule 6
computing and extending time: time for motion papers
Rule 7
pleadings allowed – form of motions and other papers
Rule 7.1
disclosure statement
Rule 8
general rules of pleading
Rule 9
pleading special matters
Rule 10
form of pleadings
Rule 11
signing pleadings, motions, and other papers – representatinos to the court – sanctions
Rule 12
defenses and objections – when and how presented – motion for judgement on the pleadings – consolidating motions – waiving defenses – pretrial hearing
Rule 13
counterclaim and crossclaim
Rule 14
third party practice
Rule 15
amended and supplemental pleadings
Rule 16
pretrial conferences – scheduling – management
Rule 17
plaintiff and defendant – capacity – public officers
Rule 18
joinder of claims
Rule 19
required joinder of parties
Rule 20
permissive joinder of parties
Rule 21
misjoinder and nonjoinder of parties
Rule 22
interpleader
Rule 23
class actions
Rule 23.1
derivative actions
Rule 23.2
actions relating to unincorporated associations
Rule 24
intervention
Rule 25
substitution of parties
Rule 26
duty to disclose – general provisions governing discovery
Rule 27
depositions to perpetuate testimony
Rule 28
persons before whom depositions are made
Rule 29
stipulations about discovery procedure
Rule 30
depositions by oral examination
Rule 31
depositions by written questions
Rule 32
using depositions in court proceedings
Rule 33
interrogatories to parties
Rule 34
producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes
Rule 35
physical and mental examination
Rule 36
requests for admission
Rule 37
failure to make disclosures or to cooperate in discovery – sanctions
Rule 38
right to a jury trial – demand
Rule 39
trial by jury or by the court
Rule 40
scheduling cases for trial
Rule 41
dismissal of actions
Rule 42
consolidation – separate trials
Rule 43
taking testimony
Rule 44
proving an official record
Rule 44.1
determining foreign law
Rule 45
subpoena
Rule 46
objecting to a ruling or order
Rule 47
selecting jurors
Rule 48
number of jurors – verdict – polling
Rule 49
special verdict – general verdict and questions
Rule 50
judgement as a matter of law in a jury trial – related motion for a new trial – conditional ruling
Rule 51
instructions to the jury – objections – preserving a claim of error
Rule 52
findings and conclusions by the court – judgement on partial findings
Rule 53
masters
Rule 54
judgement – costs
Rule 55
default – default judgement
Rule 56
summary judgement
Rule 57
declaratory judgement
Rule 58
entering judgement
Rule 59
new trial – altering or amending a judgement
Rule 60
relief from a judgement order
Rule 61
harmless error
Rule 62
stay of proceedings to enforce a judgement
Rule 62.1
indicative ruling on a motion for relief that is barred by a pending appeal
Rule 63
judge’s inability to proceed
Rule 64
seising a person or property
Rule 65
injunctions and restraining orders
Rule 65.1
proceedings against a surety
Rule 66
receivers
Rule 67
deposit into court
Rule 68
offer of judgement
Rule 69
execution
Rule 70
enforcing a judgement for a specific act
Rule 71
enforcing relief for or against a nonparty
Rule 64-71
provisional and final remedies
Rule 54-63
judgement
Rule 38-53
trials
Rule 26-37
disclosures and discovery
Rule 17-25
parties
Rule 7-16
pleadings and motions
Rule 3-6
commencing an action – service of process – pleadings, motions, and orders
Rule 1-2
scope of rules – form of action
