Pre-trial Flashcards
Rule 7(a)
Pleadings allowed
Rule 7(b)
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
Rule 8(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.
Rule 8(b)
Defenses; admissions and denials.
Rule 8(c)
Affirmative defenses that defendant needs to raise in answer
Rule 9
Pleading special matters
Rule 10
form of pleadings
Rule 12
Defenses and objections: when and how presented; motion for judgment on the pleadings; consolidating motions; waiving defenses; pretrial hearing
Rule 12(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
Rule 12(b)
defenses - only get one before you answer.
Rule 13
counterclaim and crossclaim
Rule 14
Third party practice - when a defending party may bring in a third party, when a plaintiff may; claims and defenses
Rule 15
Amended and supplemental pleadings
Rule 15(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
Rule 15(b)
Amendments during and after trial: court should freely permit an amendment when doing so will aid in presenting the merits