Learning About the Case

Question 1

Motion (Rule 12)

Rule 12(b) Defense

Answer 1

1) Lack of Subject Matter Jurisdiction
2) Lack of Personal Jurisdiction
3) Improper Venue
4) Insufficiency of Process
5) insufficiency of service of process
6) Failure to state a claim
7) Failure to join indispensable.

Question 2

Service of Process

Answer 2

Must give notice to D

Delivery to D:
1) A summon (formal court notice of suit and the for response.

2) Copy of complaint

= Called Process

Question 3

Pleadings

Complaint

Answer 3

1) Statement of grounds SUBJECT MATTER JURISDICTION
2) Short and plain STATEMENT of the CLAIM, showing entitled RELIEF
3) DEMAND relief
* you must plead facts supporting a plausible claim.

Question 4

Rule 12(b) Defense

Waivable Defenses

Answer 4

2) Lack of Personal Jurisdiction
3) improper Venue
4) Insufficient of Process
5) Insufficiency of Service of Process
* waivable other must be put in the first 12 response or else they will be waived.

Question 5

How is process served?

Answer 5

1) Personal
2) Substituted service
3) Service on D’s agent
4) State law
5) Waiver by mail

Question 6

Learning about the Case

Pleadings

Answer 6

1) Rule 11
2) Complaint
3) Defendant Response
4) Answer
5) Countercalim
6) Crossclaim
7) Amended Pleading