Rule Matching Overview

Question 1

Rule 4

Answer 1

Summons and Service

Question 2

Rule 7

Answer 2

Pleadings Allowed

Question 3

Rule 8

Answer 3

General Pleading Rules

Question 4

Rule 9

Answer 4

Special Pleading Rules

i.e. Fraud = heightened particular fact requirements

Question 5

Rule 10

Answer 5

Form of Pleadings

-Caption, paragraph, reference, parties

Question 6

Rule 11

Answer 6

Signing and Sanctions

Question 7

Rule 12

Answer 7

Defenses and Motions

-important waiver rules 12(g) and 12(h)

Question 8

Rule 13

Answer 8

Counterclaim and Crossclaim

Question 9

Rule 15

Answer 9

Amendments

and when they can relate back

Question 10

Rule 18

Answer 10

Permissible Joinder of Claims

Question 11

Rule 19

Answer 11

Required Joinder of Parties (tool of the Defense)

Question 12

Rule 20

Answer 12

Permissive Joinder of Parties (tool of Plaintiff)

Question 13

Rule 21

Answer 13

Misjoinder and Nonjoinder

-not grounds to dismiss under Rule 12

Question 14

Rule 24

Answer 14

Intervention

-Right vs. Permissive

Question 15

12(b)(1)

Answer 15

Lack of subject-matter jurisdiciton

Never waivable

Question 16

12(b)(2)

Answer 16

Lack of Personal Jurisdiction

Question 17

12(b)(3)

Answer 17

Improper Venue

Question 18

12(b)(4)

Answer 18

Improper Process

Question 19

12(b)(5)

Answer 19

Improper Service

Question 20

12(b)(6)

Answer 20

Failure to state a claim upon which relief can be granted

Question 21

12(b)(7)

Answer 21

Failure to join a party under Rule 19 - required parties

Question 22

Rule 13(a)

Answer 22

Compulsory Counterclaim

Question 23

Rule 13(b)

Answer 23

Permissive Counterclaim

Question 24

Rule 13(g)

Answer 24

Crosslcaim against a Coparty

Question 25

Rule 14(a)

Answer 25

When a Defendant may bring in a Third Party (Implead)

Question 26

Rule 14(b)

Answer 26

When a Plaintiff may bring in a Third Party (Implead) against a counterclaim

Question 27

Rule 15(a)

Answer 27

Amendments before Trial

Question 28

Rule 15(c)

Answer 28

Relation back of Amendments

-claim or party if same T.O.O

Question 29

Rule 19(a)

Answer 29

Persons Required to be Joined if Feasible

Question 30

Rule 19(b)

Answer 30

When Joinder is not feasible

Question 31

Rule 20 (a)

Answer 31

Permissive joinder for Plaintiffs and Defendents if same T.O.O.

Question 32

Rule 24(a)

Answer 32

Intervention of Right

Question 33

Rule 24(b)

Answer 33

Permissive Intervention

Question 34

Rule 22

Answer 34

Interpleader