Rules!

Question 1

Rule 11

Answer 1

Sanctions–Can only be used in pleading stages. Have 21 days to amend–Safe Harbor Provision

Question 2

Rule 55

Answer 2

Summary Judgment–has to be very precise and know exactly what relief is sought

Question 3

Rule 12(a)

Answer 3

Time to serve a Responsive Pleading

Question 4

12(b)(1)

Answer 4

How to Present Defenses– Lack of Subject Matter Jurisdiction

Question 5

12(b)(2)

Answer 5

Lack of Personal Jurisdiction

Question 6

12(b)(3)

Answer 6

Improper Venue

Question 7

12(b)(4)

Answer 7

Insufficient Process

Question 8

12(b)5)

Answer 8

Insufficient Service of Process

Question 9

12(b)(6)

Answer 9

Failure to state a claim upon which relief can be granted

Question 10

12(b)(7)

Answer 10

Failure to join a party under Rule 19

Question 11

Rule 4

Answer 11

Summons; Waiver of Service

Question 12

Rule 5

Answer 12

Serving and Filing pleadings

Question 13

Rule 12(h)

Answer 13

Defense of failure to state a claim can be done at any time during a trial, as can a lack of SMJ

Question 14

Rule 12(f)

Answer 14

Motion to strike insufficient, redundant, immaterial, or scandalous material. Must be filed w/in 21 days

Question 15

Rule 8(a)

Answer 15

Pleadings/Complaint requirements

Question 16

Rule 8(b)(1)

Answer 16

Answers to a complaint–must deny or deny the allegations

Question 17

Rule 8(b)(2)

Answer 17

Response must respond to the substance of the allegation–Can’t just say, “Plaintiff is wrong”

Question 18

Rule 8(b)(3)

Answer 18

Two types of denials–General deny everything. Specific in numbered paragraphs admit or deny in detail

Question 19

Rule 15

Answer 19

Amended pleading

Question 20

Rule 7(a)

Answer 20

Types of Pleadings allowed

Question 21

Rule 15

Answer 21

Relation Back Doctrine–to use when the statute of limitations has run out

Question 22

Rule 10

Answer 22

Guidance for forum

Question 23

Rule 9

Answer 23

Pleading Special Matters

Question 24

Rule 18(a)

Answer 24

Joinder is never compulsory but requires that subject matter requirements be independently satisfied

Question 25

Rule 20

Answer 25

Compulsory v Permissive Joinder

Question 26

Rule 14

Answer 26

3rd Party interpleaders

Question 27

Rule 22

Answer 27

Interpleader in relation to statutes

Question 28

Rule 19

Answer 28

Required joinder of parties

Question 29

Rule 24(a)

Answer 29

Intervention of 3rd party

Question 30

Rule 24(b)

Answer 30

Permissive intervention of 3rd parties

Question 31

Rule 14(a)

Answer 31

Third party claims

Question 32

Rule 23

Answer 32

Class Action Certification

Question 33

Rule 23(a)

Answer 33

4 Requirements for Class action

Question 34

Rule 23(b)

Answer 34

3 types of class action

Question 35

1332

Answer 35

(d) (1) Definition of class
(d) (2)Jurisdiction over class
(d) (6) AIC $5 million

Question 36

Rule 26(b)(1)

Answer 36

Discovery and scope of limits

Question 37

Rule 26(b)(2)

Answer 37

Discovery scope and limits