Rules Flashcards
Class Action Rule
R23
Class Action Type Rule
23B (1,2,3)
Temporary Restraining Orders/Ex parte injunction
R65
Seizing a person or property
R64
Persons bound by injunctions and restraining orders
R65d2
Offer for judgment
R68
Jury verdict lower than settlement
R68d
Types of Pleadings
R7
General rules of pleading
R8
Allows inconsistent or alternative claims
R8d
Pleading facts have evidentiary support or likely will after discovery
R11b3
If plead facts without support court may sanction attorney or any party responsible
R11c
One form of action (civil) merging law and equity
R2
Motion to dismiss based on lack of subject matter jurisdiction
12b1
Motion to dismiss based on failure to state a claim
12b6
Motion to dismiss based on failure to join party under R19
12b7
Pleading fraud or conditions of mind
9b
Unless dismissal says otherwise it is with prejudice
41B
Amended and supplemental pleadings
R15
Party can amend complaint once as they want in 21 days after that only with courts leave
15a
Relation back of amendments
15c1
Summons, if D not served in 90 days dismiss action without prejudice against D
4m