Civil Procedure Rules

• Rule 18(a): Joinder of Claims: A party may assert as many claims that it has against opposing party.
• Rule 20(a)(1): Permissive Joinder-multiple plaintiffs. Must arise out of the same transaction or occurrence and question of law or fact common to all Ps.
• Rule 20(a)(2): Multiple defendants
• Rule 19(a): Required Parties.
• Rule 19(a)(1)(A): Without party's presence, the court cannot accord complete relief.
• Rule 11(c): Safe Harbor Provision. Party may draft a motion for sanctions but sends the motion to the opposing party. Has 21 days to fix, if does then motion is not filed.
• Rule 13: Counterclaims. Claim made in response to opposing party's claims.
• Rule 13(a): Compulsory Counterclaim. Arises out of the same transaction or occurrence.
• Rule 13(b): Does not arise out of the same transaction or occurrence.
• Rule 13(g): Crossclaims against co-parties. Same transaction or occurrence and claim relates to any property.
• Rule 13(h): Second defendant can be brought.
• Rule 14(a): Impleader. Third party defendant. A party can be added as third party defendant in order to pass all or some of liability to original plaintiff.
• Rule 8(a): Complaint. Must have short and plain statement of the grounds for the court's jurisdiction. Must have short and plain statement of claim entitled to relief. Demand for relief.
• Rule 8(d)(3): Pleading alternatively. May assert as many alternative claims and different versions of complaints regardless of consistency.
• Rule 8(b): Requires defendant to admit or deny any allegation in the complaint.
• Rule 8(b)(2): Deny specifically.
• Rule 8(b)(6): No deny equals admission.
• Rule 8(b)(5): Lack knowledge or info (has effect of denial).
• Rule 11(b)(3): Support factual allegations and affirmative defenses.
• Rule 15(a)(1)(A): May amend answer within 21 days after serving it. Without leave of court.
• Rule 15(a)(1)(B): May amend within 21 days after responsive pleading.
• Rule 15(a)(2): Amend with leave of court.
• Rule 15(c): A party wants to add another claim after statute of limitations has passed. Needs to "relate back" to the date of the original pleading.
• Rule 15(c)(1)(C): Amendment to Changing party. Three requirements: Must arise out of same events. Notice. Party should have known of action.
• Rule 15(b): Party objects that evidence was not in the issues in the pleading, court may permit amendment.
• Rule 8(c): Affirmative Defenses.
• Rule 12(b)(6): Failure to state a claim upon which relief may be granted.
• Rule 12(g)(2): If party makes pre-answer motions and leaves out one preliminary objection, then cannot raise a motion again.
• Rule 12(h): Use it or lose it, trial, never waived.
• Rule 26(b)(1): Scope of discovery. Any matter that is nonprivileged, relevant to any party’s claim or defense, and proportional to the needs of the case.
• Rule 26(b)(1): Does not need to be admissible.
• Rule 26(b)(5)(A): Party objects discoverable information due to privilege. Must expressly state its claim and describe nature of the documents without revealing info itself.
• Rule 26(b)(3): Work product protection. Three requirements: Document or tangible thing. Anticipation of litigation. By or for another party or representative.
• Rule 26(a): Automatic Disclosures.
• Rule 26(a)(1): Initial Disclosures. Shortly after case is filed.
• Rule 26(a)(1): Four categories (1) Identify of individuals, (2) copies or descriptions of documents, (3) computation of damages claimed, (4) any insurance agreement
• Rule 26(a)(2): Disclosure of expert testimony.
• Rule 26(a)(3): Pre-trial disclosure
• Rule 26(f): Conference of the parties for discovery plans.
• Rule 33(a)(2): Interrogatory is not object able just because it asks for opinion or contention.