Pre-trial Flashcards

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1
Q

Rule 7(a)

A

Pleadings allowed

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2
Q

Rule 7(b)

A

motions and other papers: be in writing, state grounds seeking that order, state relief sought. same rules as pleadings apply to motions and other papers

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3
Q

Rule 8(a)

A

Claim for relief (complaints) must contain: jurisdiction, short & plain statement of claim showing that pleader is entitled to relief, a demand for relief sought. Iqbol & Twombly.

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4
Q

Rule 8(b)

A

Defenses; admissions and denials.

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5
Q

Rule 8(c)

A

Affirmative defenses that defendant needs to raise in answer

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6
Q

Rule 9

A

Pleading special matters

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7
Q

Rule 10

A

form of pleadings

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8
Q

Rule 12

A

Defenses and objections: when and how presented; motion for judgment on the pleadings; consolidating motions; waiving defenses; pretrial hearing

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9
Q

Rule 12(a)

A

time to serve a responsive pleading: defendant must serve an answer within 21 days after being served. if waived service under rule 4(d) - 60 days after request for waiver sent

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10
Q

Rule 12(b)

A

defenses - only get one before you answer.

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11
Q

Rule 13

A

counterclaim and crossclaim

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12
Q

Rule 14

A

Third party practice - when a defending party may bring in a third party, when a plaintiff may; claims and defenses

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13
Q

Rule 15

A

Amended and supplemental pleadings

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14
Q

Rule 15(a)

A

Amendments before trial; freely allowed: 21 days after serving it or if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading/service of a motion under rule 12

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15
Q

Rule 15(b)

A

Amendments during and after trial: court should freely permit an amendment when doing so will aid in presenting the merits

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16
Q

Rule 16

A

pretrial conferences

17
Q

Rule 17

A

plaintiff and defendant; capacity; public officers

18
Q

Rule 18

A

joinder of claims

19
Q

Rule 19

A

required joinder of parties

20
Q

Rule 20

A

permissive joinder of parties

21
Q

Rule 21

A

misjoinder and nonjoinder of parties

22
Q

Rule 22

A

interpleader

23
Q

Rule 23

A

class action

24
Q

Rule 24

A

Intervention: forcing your way into a lawsuit

25
Q

Rule 25

A

substitution of parties