question

Rule 3, Rule 8(a), Rule 9

answer

Complaint

question

Rule 4

answer

Summons

question

Rule 12(b)

answer

Preliminary Motions; A complaint in federal court can be dismissed involuntarily under this rule.

question

Rule 8, Rule 12(a)

answer

Answer

question

Rule 7(a)

answer

Reply to Counterclaim

question

Rule 12(c)

answer

Motion for Judgment on the Pleadings (after pleadings closed)

question

Rule 33

answer

Interrogatories

question

Rule 34

answer

Request to Produce

question

Rule 35

answer

Request for Physical or Mental Examination; not self-executing - the requesting party must file a motion to request it and an order must be entered granting the request.

question

Rules 30, 31

answer

Depositions

question

Rule 36

answer

Request for Admission

question

Rule 37

answer

Motion to Compel

question

Rule 56

answer

Motion for Summary Judgment (during/after discovery)

question

Rule 16

answer

Pretrial Conference; Pretrial Order or Scheduling Order

question

Plaintiff's/Defendant's Case

answer

Direct Testimony & Exhibits, Cross-Examination, Rebuttal

question

Plaintiff's Case

answer

Motion for Judgment as a Matter of Law (jury trials only)

question

Defendant's Case

answer

Motion for Judgment as a Matter of Law (both jury trials and nonjury trials)

question

Rule 50

answer

Motion for Judgment as a Matter of Law (Rule#?)

question

Plaintiff's Case

answer

Motion for Judgment on Partial Findings (nonjury trials only)

question

Rule 52(c)

answer

Motion for Judgment on Partial Findings (Rule #?)

question

Rule 59(e)

answer

Motion to Amend Judgment

question

Rule 59(a)

answer

Motion for New Trial

question

28 U.S.C. ss 1345, 1346

answer

The United States, its agencies, or its officers are parties if named either as a plaintiff or as a defendant in the lawsuit.

question

28 U.S.C. s 1331

answer

A case involves a federal question if it is a "civil action arising under the Constitution, laws, or treaties of the United States."

question

28 U.S.C. s 1332

answer

A case involves diversity of citizenship if it is a civil action "where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between . . . citizens of different states."

question

28 U.S.C. s 1367

answer

Supplemental Jurisdiction

question

28 U.S.C. s 1441

answer

As a general rule, any case filed in a state court may be removed by the defendant to federal court if the federal court could have excercised original jurisdiction over the case when it was filed initially.

question

28 U.S.C. s 1441(c)

answer

provides that when a federal question claim is joined with a "separate and independent" claim that could not be removed if it were filed alone, the entire case may be removed to federal court; and the federal court may decide all issues or, in its discretion, may decide the federal question issue and remand all issues in which state law predominates.

question

30

answer

When removal is possible, notice of removal generally must be filed in the federal court within _____ days after the defendant receives service of the state court claim.

question

28 U.S.C. s 1446

answer

Once the notice of removal has been filed, the state court may take no further action in the case unless the federal court determines that removal jurisdiction does not exist and remands the case to state court.

question

Rule 14

answer

Third-party defendants may be served anywhere outside the state so long as it is within a 100-mile radius of the place (courthouse) where the case is filed.

question

Rule 19

answer

Compulsory joinder - Covers situations in which additional parties must be joined once the jurisdictional requirements are met (Necessary and Indispensable Parties); Indispensable defendants may be served anywhere outside the state so long as it is within a 100-mile radius of the place (courthouse) where the case is filed.

question

28 U.S.C. s 1391 (2003)

answer

Under this there are three basic methods to determine whether venue exists in a particular federal judicial district.

question

Rule 20

answer

Permissive joinder - More than one plaintiff or more than one defendant may be joined in a single suit (1) if their claims arise from the same transaction or occurrence; and (2) if their claims present common question of law or of fact that will apply to all of them.

question

Rule 24

answer

Intervention - Allows a person who was not an original party to the suit to enter the suit upon her own initiative.

question

Rule 24(a)

answer

Intervention of right

question

Rule 24(b)

answer

Permissive Intervention

question

Rule 22

answer

Interpleader actions

question

Rule 23

answer

allows a class action to be filed if certain requirements are met

question

Rule 23(b)(3)

answer

the most common of the three types of class actions permitted is provided by this rule; Its requirements are (1) that the questions of law or fact which are common to the class predominate over any questions which affect individual members only; and (2) that a class action is superior to other, available methods to adjudicate the controversy fairly and efficiently; members of a class action under this rule may "opt out" of the class if they wish to do so, which is not true of other types of class actions.

question

Rule 23(c)(1)

answer

Within 90 days after a complaint in a class action suit is filed, the plaintiff must file a motion with the court to determine whether the case can be maintained as a class action. This is called "certifying the class."

question

Rule 7

answer

Under the Federal Rules of Civil Procedure, only three pleadings are allowed: a complaint, an answer, and a reply to a counterclaim (if a counterclaim has been filed).

question

Rule 3

answer

All civil actions in federal court are commenced by filing a complaint.

question

Rule 8

answer

A short, concise statement of the claim(s) or defenses showing the the pleader is entitled to relief. This statement is the heart of the complaint and may be presented in several, separate paragraphs.

question

Rule 11

answer

Under this rule, the attorney's signature indicates that the attorney has made reasonable inquiry and believes the allegations are well grounded in fact.

question

Rule 10

answer

If the complaint refers to documents a copy of that document should be attached to the complaint as an exhibit.

question

Rule 4(d)

answer

As a general rule, the plaintiff's attorney must send to each defendant a summons, a copy of the complaint, a form for waiver of service, and a notice of the consequences for failure to waive service.

question

30, (60), 60, (90)

answer

If the waiver of service is signed and returned to the plaintiff's attorney within _____ days after it was sent (_____ days if the defendant is located in a foreign country), the defendant is given additional time (_____ days after the request for waiver was sent or _____ days after the request for waiver was sent if the defendant is located in a foreign country) in which to answer or to otherwise respond to the complaint.

question

120

answer

Either a signed waiver of service of summons (or service of the summons) must be obtained within _____ days after the complaint is filed; otherwise, the action is subject to dismissal without prejudice.

question

Rule 5

answer

After the action has been commenced, all pleadings, motions, notices, and so on are served upon all adverse parties or, if adverse parties are represented by counsel, upon their attorneys by U.S. mail.

question

Rule 12

answer

The bases for preliminary challenges to a complaint in federal court are found substantially in this rule.

question

Rule 12(b)(1)

answer

Lack of subject matter jurisdiction.

question

Rule 12(b)(2)

answer

Lack of personal jurisdiction. In state court, this may be called a special appearance.

question

Rule 12(b)(3)

answer

Improper venue.

question

Rule 12(b)(4)

answer

Insufficiency of process.

question

Rule 12(b)(5)

answer

Insufficiency of service of process.

question

Rule 12(b)(6)

answer

Failure to state a claim upon which relief can be granted. In state court, this may be called demurrer.

question

Rule 12(b)(7)

answer

Failure to join a Rule 19 indispensable party.

question

Rule 12(e)

answer

Motion to make more definite and certain, when the complaint is so lacking in facts or is so vague that it is difficult to tell whether a claim has been stated or not.

question

Rule 12(f)

answer

Motion to strike "from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter."

question

14

answer

At least _____ days' notice must be given under Rule 6(d) for hearings in federal court.

question

Rule 12(a)

answer

By signing a waiver of service, the defendant has 60 days after the waiver was sent to her (90 days if in a foreign country) to file an answer.

question

21

answer

Without a signed waiver, the answer is due _____ days after service of summons.

question

Rule 6

answer

Time is calculated by omitting the day of service and by including the last day of the period unless the last day is a Saturday, a Sunday, a holiday, or a day when the clerk's office is inaccessible. In that event, the last day for filing becomes the next day that the office is open.

question

Rule 13

answer

A counterclaim is the pleading used by a defendant to state a claim against a plaintiff, which typically is filed with the defendant's answer in a combined pleading labeled Answer and Counterclaim. A counterclaim is either compulsory or permissive.

question

21, (60)

answer

The proper responsive pleading is an answer to counterclaim (or answer to crossclaim), which must be filed within _____ days after service (_____ days for the United States).

question

Rule 15

answer

If the pleading is one to which the opponent must respond (such as the complaint), this rule allows the pleading to be amended without court permission at any time before the responsive pleading is served.

question

21

answer

If the pleading is one to which no response is required (such as an answer to a complaint that is not accompanied by a counterclaim or crossclaim), the pleading my be amended without court permission within _____ days after it is served.

question

Rule 55(a)

answer

If the claim is for a sum certain (an amount not subject to reasonable dispute), the clerk of the federal court may enter default judgment upon submission of an affidavit concerning the amount due.

question

Rule 55(b)(2)

answer

The court may require a hearing to prove damages before the default judgment is entered.

question

Rule 55(c)

answer

Even though a default judgment is entered, the defendant can move to have it set aside.

question

Rule 60(b)

answer

Entered default judgment can be moved to be set aside for good cause.

question

Rule 26(g)

answer

When discovery procedures are used improperly (purely to harass, to delay, or to increase costs), the discovering attorney may be subject to court sanction.

question

Rule 26(f)

answer

In general, counsel for parties must meet to establish an overall discovery plan.

question

Rule 26(a)

answer

Within 14 days of counsel for parties meeting to establish an overal discovery plan, they must make certain disclosures before any formal discovery occurs.

question

Rule 29

answer

Under this rule counsel for parties may agree to increase the number or depositions or interrogatories or to extend the time to answer discovery requests under Rules 33, 34, and 36 if it does not conflict with other rules.

question

90

answer

At least _____ days before trial, parties must disclose expert witnesses, including their opinions, data, exhibits, qualifications, amount received for testifying, and so forth.

question

30

answer

At least _____ days before trial, parties must discloses all witnesses who will or may be called at trial and must provide a list of exhibits that will or may be used.

question

14

answer

Within _____ days after witnesses have to be disclosed, parties may file objections regarding depositions to be used, objections regarding admissibility of materials identified in support of a claim or defense.

question

25

answer

No party may serve more than ______ interogatories, including subparts, without (1) a stipulation to serve more or (2) permission of the court.

question

30

answer

Rule 33 requires the responding party to answer interrogatories within _____ days of their service.

question

30

answer

The responding party must either comply with the request to produce or file appropriate objections within _____ days of service.

question

Rule 34(c)

answer

Provides that nonparties can be required to produce documents and things under Rule 45 supoena procedures, but not under Rule 34 request to produce.

question

Rule 45

answer

A nonparty can be served with a subpoena duces tecum, which is an order "to appear and bring with you" those items listed on the subpoena.

question

30

answer

Answers or objections to requests for admissions are due in _____ days or the requests are deemed admitted.

question

Rule 30

answer

Oral depositions

question

Rule 31

answer

Depositions upon written questions

question

once

answer

No witness may be deposed more than ________ except by stipulation or court order.

question

10

answer

Depositions are limited to a maximum of ______ per side except by stipulation or court order.

question

Rule 32(d)(3)(B)

answer

The deposition proceeds roughly in the same way as examination and cross-examination of witnesses at trial, except that attorneys often agree to reserve certain types of objections for trial (other than form of the question, form of the answer, or similar irregularity - which cannot be reserved until trial).

question

Rule 26

answer

Generally provides that parties may discover anything (not privileged) which is relevant to the subject matter of the action or which is reasonably calculated to lead to admissible evidence. A person cannot be required to disclose privileged matters at a deposition.

question

Federal Rule of Evidence 501

answer

A person cannot be required to disclose privileged matters at trial in federal question cases or state privilege rules in diversity cases.

question

Rule 26(c)

answer

If the person wants to resist the time, place or method of discovery or wants to resist an entire area or line of questioning, a protective order under this rule may be the better solution.

question

29 U.S.C. s 1292

answer

A discovery order may be appealed under interlocutory Appeals Act if it presents a "controlling question of law" in the case, if immediate appeal will expedite the litigation, and if the appellate court agrees to accept the appeal.

question

Rule 32

answer

Governs the use of depositions taken under Rule 30 and Rule 31. The first question to be answered is whether the deposition statement would be admissible if the deponent were testifying at trial.

question

Rule 32(a)(1)

answer

Subject to its admissibiltiy, the deposition statement of any trial witness may be used to impeach that witness's credibility.

question

Rule 32(a)(2)

answer

Subject to its admissibiltiy, the deposition statement of an adverse party - including depositions of officers or directors if the adverse party is a corporation - may be used for any purpose at trial.

question

Rule 32(a)(3)

answer

Subject to its admissibiltiy, the deposition statement of any party or nonparty may be used for any purpose if (a) the witness is dead; (b.) the witness is more than 100 miles from the place of trial; (c.) the witness is too ill to testify; (d.) the witness is outside the subpoena range of the court; or (e.) exceptional circumstances exist to justify use of the deposition rather than live testimony.

question

Rule 41(a)(1)

answer

The first dismissal is without prejudice; but if the plaintiff re-files the complaint and then voluntarily dismisses a second time, the second dismissal is with prejudice.

question

Rule 41(b)

answer

A complaint in federal court can be dismissed involuntarily under Rule 12(b) and it can be dismissed involuntarily under this rule for failure to prosecute the claim or for disobedience of a court order.

question

21

answer

The party opposing a motion for summary judgment must be given _____ days' notice of the hearing and is permitted to file a resistance to the motion, together with opposing affidavits.

question

14

answer

Movant filing a motion for summary judgment has _____ days to file a reply, if a reply is warranted, to the resistance filed by the party opposing the motion for summary judgment.

question

Rule 50(a)(1)

answer

The judge grants judgment as a matter of law if there is no legally sufficient evidentiary basis for a reasonable jury to have found for that party with respect to that issue.

question

Rule 16(b)

answer

Even if the judge in federal court does not conduct a pretrial conference, she must issue a scheduling order within 120 days after the complaint is filed.

question

Rule 16(f)

answer

Any party (or the lawyer for any party) may be subject to sanctions if he or she fails to participate in the pretrial conference, participates in bad faith, or fails to comply with progression deadlines or with any other requirement established by the pretrial order.

question

Rule 50(a)

answer

At the close of the plaintiff's case, the defendant may make a motion for judgment as a matter of law if the defendant believes that the plaintiff failed to prove (offer evidence on) any element which is necessary for an ultimate verdict in favor of the plaintiff. As a cautionary procedural measure, the defendant's attorney may make this motion without regard to his assessment of the outcome. By making this motion, even if he thinks that it may be overruled, he preserves his client's right to raise the issue on appeal. At the close of all evidence, either or both the plaintiff and the defendant may make a motion for judgment as a matter of law under this rule, which replaces the motion for directed verdict under previous federal rules.

question

Rule 51

answer

At the close of all evidence, any party may file written request(s) with the trial judge that a specific jury instruction be given to the jury.

question

Rule 49(a)

answer

A special verdict requires a special, written finding for each fact in the case.

question

10, 10

answer

A motion for new trial must be filed within _____ days of the entry of judgment (Rule 59) and may be accompanied by supporting affidavits, giving the adverse party _____ days after the motion for new trial to file opposing affidavits.

question

10

answer

A motion to alter or amend judgment must be filed within ____ days after the judgment is entered.

question

Fed. R. App. P. 4(a)(4)

answer

An appeal of right is initiated by filing a notice of appeal with the clerk of the federal trial court, which must be done either (1) within 30 days after entry of the final judgment or order in the case (2) within 30 days after motions under Rules 50, 52, or 59 are denied (including denial of a motion for a new trial under Rule 59). This period is enlarged to 60 days if the United States or any of its officials or agencies is a party. If a party can show excusable neglect, the period can be extended for an additional 30 days after the expiration date or for an additional ten days after the order of extension, whichever is later.

question

14

answer

Once a notice of appeal is filed, any other party also may file a notice of appeal (called a cross-appeal) within _____ days after the first notice of appeal is filed or within any time period set by Fed. R. App. P. 4, whichever is later.

question

Fed. R. App. P. 7

answer

When a notice of appeal is filed, the appellant also must pay a docket fee under Fed. R. Appl. P. 3(e) and may be required to a bond for costs, which is called an appeal bond.

question

Fed. R. App. P. 10

answer

A transcript of the record must be ordered by the appellant within 10 days after filing the notice of appeal.

question

Fed. R. App. P. 11

answer

The transcript must be prepared by the court reporter of the federal trial court and filed in the court of appeals court within 30 days after the transcript of the record is ordered.

question

Fed. R. App. P. 31

answer

Requires the appellant's brief to be filed and served within 40 days after the date on which the record is filed in the court of appeals.

question

30

answer

The appellee has _____ days to file her brief, running from the date of service of the appellant's brief.

question

14

answer

If the appellant files a reply brief to the appellant's brief the reply brief must be filed and served within _____ days after the appellee's brief.

question

Fed. R. App. P. 40

answer

If the losing party on appeal disagrees with the federal court of appeals decision, she may request a rehearing.

question

Rule 52(a)

answer

Findings of fact are set aside only if they are "clearly erroneous."

question

Rule 69

answer

Allows the judgment creditor to conduct post-trial discovery if the judgment creditor believes that the judgment debtor may have concealed assets or may have transferred assets for less than their fair market value (a fraudulent conveyance).

Chapter 10 – Federal Civil Litigaion Flow Chart and other Rules – Flashcards

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