Federal Rules of Civil Procedure Rules Chart

STAGE ISSUE RULE DESCRIPTION RELATED CASES/RULES

GENERAL
FRCP Values FRCP 1 Purpose of FRCP is to secure just, speedy, and
inexpensive determinations of
actions/proceedings
PLEADING
Service FRCP 4 • (c) Personal Service • Rio Properties, Inc. v. Rio
• (d) Waiver International Interlink
• (m) Time limit – 120 days after filing
complaint
• Personal Jx is the same in federal court as in
state court
Complaint FRCP 8(a) • Function: Notice • Conley v. Gibson
• Requires short & plain statement of: (1) • Swierkiewicz v. Sorema N.A.
grounds for jurisdiction; (2) the claim • Bell Atlantic Corp. v. Twombly
showing entitled to relief; and (3) demand
for the relief sought
Answer: Admit/Deny FRCP 8(b) • (1)(A) & (B) Defendant must state
affirmative defenses and admit/deny
allegations
• (5) Lack knowledge or information"" →
Effect of a denial
• (6) Failure to deny → Admitted
Answer: Affirmative FRCP 8(c) • Some affirmative defenses (not exclusive): • King’s Pay-Per-View v. J.C.
Defenses Contributory negligence; fraud; res judicata; Dimitri’s
statute of frauds; statute of limitations • Carter v. US
• Admit/deny allegations
Pleadings: Simple, FRCP 8(d) Allegations must be simple, concise, and direct
Concise and Direct
Pleadings: Construing FRCP 8(e) “Pleadings must be construed so as to do
justice.”
Pleading Special FRCP 9(b) • “In alleging fraud or mistake, a party must
Matters – Fraud state with particularity the circumstances
constituting fraud or mistake…”
• Just FYI, must go beyond Rule 8 for fraud
Caption FRCP 10 • Caption req’d for pleadings
1
 Federal Rules of Civil Procedure Rules Chart

STAGE ISSUE RULE DESCRIPTION RELATED CASES/RULES

Signature FRCP 11(a), (b) • (a) Atty signature
• (b) By signing, claiming that a pleading is
brought in good faith, have reasonable basis
in fact and law
Sanctions FRCP 11(c) • Subject to sanctions if the court finds that • Patsy's Brand, Inc. v. I.O.B.
you did not in fact bring it in good faith Realty, Inc.
• Party Initiated or Sua Sponte • In re Pennie & Edmonds LLP
• Party-initiated: 21-day safe harbor • Frantz v. United States
provision, objective reasonableness standard Powerlifting Federation
• Sua Sponte: No safe harbor, objective • Rule 37 (for discovery sanctions)
reasonableness or subjective good faith
• Does not apply to discovery
Answer: Time FRCP 12(a) • If service is waived → ∆ gets 60 days
• If service is not waived → ∆ gets 20 days
Motion to Dismiss FRCP 12(b) • Challenges the sufficiency of the complaint,
does not meet the Rule 8 requirements
• (1) Lack of subject matter Jx
• (2) Lack of personal Jx
• (3) Improper venue
• (4) Insufficient process
• (5) Insufficient service of process
• (6) Failure to state a claim upon which relief
can be granted
• (7) Failure to join a party under Rule 19
• A failure to raise (2)-(5) waives those
defenses – others can be raised throughout
litigation
Motion – Judgment on FRCP 12(c) • Occurs after the pleadings have closed
Pleadings • Court will examine all pleadings and
determine if judgment in favor of either
party is appropriate
• Either party can make this motion
Motion – Other FRCP 12(e) • Motion for a More Definite Statement
• Must be so vague or ambiguous that the
2
 Federal Rules of Civil Procedure Rules Chart

STAGE ISSUE RULE DESCRIPTION RELATED CASES/RULES

party cannot respond
• Not common
Motion – Other FRCP 12(f) • Motion to Strike – Insufficient defense or
redundant, immaterial, impertinent, or
scandalous matter
• Not common
Amendment FRCP 15 • Amendments as a matter of course (within • Dubicz v. Commonwealth
20 days of serving the pleadings) Edison Co.
• Other amendments – after 20 days runs out • Tran v. Alphonse Hotel Corp.
• (c) If after Statute of Limitations has ran,
must relate back to original claim(s)
Jury Demand FRCP 38(b) • If you want a jury, put a demand in your
pleading
PERSONAL JX
Deference to States FRCP 4 • For personal jurisdiction in federal court
refer to state statute
Due Process 14th Amendment “…Nor shall any state deprive any person of
(Section 1) life, liberty, or property, without due process of
law…”
VENUE
Federal District Court 28 U.S.C. §1391 • (a) Diversity of citizenship
Venue • (b) Federal question
Improper Venue 28 U.S.C. §1406(a) • District Court can dismiss
• District Court can transfer to another DC
where it could have been brought
• Can only transfer to another federal court
Inconvenient Venue 28 U.S.C. §1404 • Transfer for convenience • Piper Aircraft v. Reyno
• Number of factors to consider
• Can only transfer to another federal court
SUBJECT
MATTER JX
US Supreme Court Article III • Constitutional authority
• Allows Π’s claims and Δ’s defenses under
federal question

3
 Federal Rules of Civil Procedure Rules Chart

STAGE ISSUE RULE DESCRIPTION RELATED CASES/RULES

• Anything that raises a federal question in
defense can go
District Court – Federal 28 U.S.C. §1331 • Only Π’s claims for federal question • Louisville & Nashville Railroad
Question • “Well-pleaded complaint rule” v. Mottley
• Merrell Dow Pharmaceuticals v.
Thompson
• Grable & Sons v. Darue
District Court – 28 U.S.C. §1332 • Complete diversity of parties • Sheehan v. Gustafson
Diversity • Amount in controversy over $75,000 • Peterson v. Cooley
• Del Vecchio v. Conseco
Supplemental Jx 28 U.S.C. §1367 • Bring in state claims & add’l Δs as long as • Exxon Mobil v. Allapattah
they arise out of the same case/controversy
under Article III
• Must still have complete diversity
• Can go with only one Π that meets the
amount in controversy requirement
Removal to Federal 28 U.S.C. §1441 • Allows Δ to move to federal court if Π • Spencer v. US District Court for
Court could’ve brought the case there first the Northern District of CA
• Time limits
• In federal question cases, citizenship is
irrelevant
• In diversity cases, no Δs can be a citizen of
the state where the action is brought
DISCOVERY
Motion for a Protective FRCP 26(c) • Judge can order to cease asking • Phillips v. General Motors
Order
Mandatory Initial FRCP 26(a) • Each party must disclose the identity of
Disclosure witnesses and documents, unless it would
be used solely for impeachment
• Should occur within 14 days of discovery
conference
Expert Discovery FRCP 26(a) • (2)(A) Expert disclosure
• (2)(B) Written report
• (2)(C) Court-ordered deadline or 90 days

4
 Federal Rules of Civil Procedure Rules Chart

STAGE ISSUE RULE DESCRIPTION RELATED CASES/RULES

before trial
Relevancy FRCP 26(b)(1) • Sanyo v. Arista Records
• Aubuchon v. Benefirst
E-Discovery FRCP 26(b)(2)(B)
Expert Deposition FRCP 26(b)(4)
Discovery Conference FRCP 26(f)
Signature and FRCP 26(g) • (1) Signature • Gonsalves v. City of New
Sanctions • (2) Sanctions Bedford
Depositions FRCP 30-32
Interrogatories FRCP 33
Requests for FRCP 34
Production
Physical & Mental FRCP 35
Exams
Requests for Admission FRCP 36
Motion to Compel FRCP 37(a) • National Hockey League v.
Metro Hockey League
Sanctions FRCP 37 • (a) Minor sanctions
• (b) Major sanctions
Subpoenas FRCP 45
CASE
MANAGEMENT,
SETTLEMENT,
& ADR
Scheduling Order FRCP 16(b) • (3) Required deadlines: Joining parties, • Tower Ventures v. City of
amending pleadings, filing motions, Westfield
completing discovery • Acuna v. Brown & Root
• (3) Permitted deadlines: Providing Rule 26 • Riccuiti v. NY City Transit
disclosures, Scheduling pretrial Authority
conferences, starting trial
• (4) Can be modified only for good cause
and with judge’s consent
Pretrial Conferences FRCP 16(c), (d) • (c) Conferences
and Orders • (d) Orders
Final Pretrial FRCP 16(e) • Usually held after the completion of • R.M.R. v. Muscogee County
5
 Federal Rules of Civil Procedure Rules Chart

STAGE ISSUE RULE DESCRIPTION RELATED CASES/RULES

Conference & Order discovery School District
• Focuses on the conduct of the trial
• Most judges require the parties to submit a
joint trial plan
Sanctions FRCP 16(f) • Sanctions for failure to appear at pretrial
conference
• Sanctions for failure to be prepared for
pretrial conference
• Sanctions for failure to comply with
scheduling order
Settlement – Damages FRCP 68 • If a claimant does not accept the Δ’s offer • Mareck v. Chesney
Limitation and does not do better in the end, the Π is
liable for the Δ’s “post-offer” costs (usually
not attorney’s fees)
• Costs: filing fees, etc.
• Fees: attorney’s fees
JUDGE & JURY
Right to Jury 7th Amendment • Only applies to the federal government – • Chauffeurs v. Terry
not incorporated to apply to the states • Markman v. Westview
Instruments, Inc.
Jury Demand FRCP 38(b) • Must file no later than 10 days after the last
pleading directed to the issue is served
Jury Composition FRCP 48 • Must be composed of 6-12 members
Jury Selection – FRCP 47(b) • Lawyers’ opportunity to strike without • Edmonson v. Leesville
Peremptory Challenges 28 U.S.C. §1870 explanation or cause Concrete Co.
• Limited
• Can’t be race-based
Jury Selection – FRCP 47(c) • May excuse for good cause
Excuses for Cause • Members of the panel show themselves
incapable of performing their factfinding
tasks
• Unlimited
Jury Instructions FRCP 49, 51 • The court determines the content of jury
instructions

6
 Federal Rules of Civil Procedure Rules Chart

STAGE ISSUE RULE DESCRIPTION RELATED CASES/RULES

• Failure to object → Waived
Judgment as a Matter FRCP 50(a) • May be made at any time before the case is • Reeves v. Sanderson
of Law submitted to the jury (as soon as an Plumbing
opposing side has been heard on an issue)
• Standard: Is there enough evidence that
reasonable jurors could differ?
Renewed Motion for FRCP 50(b) • May be made within 10 days after jury is
Judgment as a Matter discharged
of Law • Can only be made if the moving party
brought a Rule 50(a) motion during the trial
and can only assert the same grounds
addressed in the Rule 50(a) motion
• May include a joint request for a new trial
under FRCP 59
• Grounds: no legally sufficient evidentiary
basis for a reasonable jury to find for the
party opposing the motion
Summary Judgment FRCP 56 • Standard: there enough evidence that • Celotex v. Catrett
reasonable jurors could differ? • Scott v. Harris
• Seeking judgment on a party’s claim or
defense
• Will be granted when there remains “no
genuine issue as to any material fact”
Motion for New Trial FRCP 59 • Must be filed within 10 days of the entry of • Unitherm v. Swift
judgment
• Should bring both a Rule 50(b) motion and
Rule 59 motion at the same time
• Trial judge has broad discretion to
determine whether fairness requires a new
trial for prejudicial errors, misconduct, etc.
• Most commonly awarded when the verdict
is excessively large
JOINDER
Supplemental Jx 28 U.S.C. §1367 • If П has federal question claim against Δ, П
can join state law theories arising out the
7
 Federal Rules of Civil Procedure Rules Chart

STAGE ISSUE RULE DESCRIPTION RELATED CASES/RULES

same nucleus of common fact against that Δ
(w/o satisfying diversity reqmts)
• If П has federal question claim against a Δ,
П can join state law theories against other
Δs arising out of same nucleus of facts (w/o
satisfying diversity reqmts)
• If any П has diversity claim against a Δ,
other П s w/ same state law claim can join
in the action even though less that $75K is
controversy (still need diversity of
citizenship)
Compulsory FRCP 13(a) • Δ must state as a counterclaim any claim
Counterclaim against the Π that arises out of the same
transaction or occurrence that is the subject
of the complaint.
Permissive FRCP 13(b) • Δ may state as a counterclaim any other
Counterclaim claim against the Π (but the claim must
have an independent basis for federal
jurisdiction)
Crossclaims FRCP 13(g) • A pleading my state as a crossclaim against
a coparty any claim that arises out of the
transaction or occurrence that is the subject
matter of the original action
• The crossclaim may include a claim that the
coparty is liable for all or part of the claim
asserted in the action against the
crossclaimant.
Joinder of Claims FRCP 18 • A party may join , as independent or
(In General) alternative claims, as many claims as it has
against an opposing party.
Required Party FRCP 19(a) • Party is necessary when: • Makah Indian Tribe v. Verity
o (1)(A) The party is necessary
for court to grant complete relief; or
o (1)(B) The party has a legally
protected interest that would be

8
 Federal Rules of Civil Procedure Rules Chart

STAGE ISSUE RULE DESCRIPTION RELATED CASES/RULES

impaired or impeded or that creates
the risk of inconsistent rulings and
obligations
Required Party – FRCP 19(b) • When joinder of such a necessary party is
Joinder Infeasible not feasible, the court should determine
whether in equity and good conscience the
action should proceed without that party
• Factors – (1) Possible prejudice to party or
others; (2) minimizing prejudice by shaping
relief; (3) adequacy of remedy without
party’s presence; (4) adequacy of plaintiff’s
remedy if the action were dismissed
Permissive Party FRCP 20 • (a) Permissive joinder of other parties as • Alexander v. Fulton County
plaintiffs or defendants allowed where:
o (A) they assert any right to
relief or a right to relief is asserted
against them arising out of the same
transactions or occurrences;
o (B) any common question of
law or fact will arise in the action
• (b) The court may issue orders to protect
parties from embarrassment, delay, expense,
or prejudice
Interpleader FRCP 22 • Rule interpleader: Available whenever there
exists people with claims that may expose a
Π to double or multiple liability
• Statutory interpleader: Interpleader
uthorized by statute
Class Actions FRCP 23 • Basic idea: a large number of people (aka
“class”) all find themselves in a similar
legal situation as a result of a transaction or
series of transaction that has created
possible legal liability
• Sometimes mandatory
• Class members may sometimes opt out of

9
 Federal Rules of Civil Procedure Rules Chart

STAGE ISSUE RULE DESCRIPTION RELATED CASES/RULES

the class
Intervention of Right FRCP 24(a) • Court must permit: • Grutter v. Bollinger
o (1) Person had an unconditional
statutory right; or
o (2) Person claims an interest
that may be impaired and no existing
party will adequately represent that
interest
Permissive Intervention FRCP 24(b) • (1) Court may permit:
o (a) Person has a conditional
statutory right; or
o (b) Person has a claim or
defense that shares with the main
action a common question of law or
fact
• (2) By Government Officer or Agency
Separate Trials FRCP 42(b) • Bifurcation
• For convenience, to avoid prejudice, or to
expedite and economize, the court may
order a separate trial of one or more
separate issues, claims, etc.
APPEALS
Final Judgment Rule 28 U.S.C. §1291 • A losing party may only appeal when there
remains nothing to be done at the trial level
(with some explicit statutory exceptions)
JUDGMENTS
Claim Preclusion Rest. § 17 • A valid, final personal judgment is • Rush v. City of Maple Heights
conclusive between the parties
o If the judgment is for Π → the
claim is extinguished and merged in
the judgment and a new claim may
arise on the judgment
o If the judgment is for Δ → the
claim is extinguished and judgment
bars any subsequent action on the

10
 Federal Rules of Civil Procedure Rules Chart

STAGE ISSUE RULE DESCRIPTION RELATED CASES/RULES

claim
Scope of the “Claim” Rest. § 24(1) • The claim includes all rights related to all or
any part of the transaction or series of
connected transactions out of which the
action arose
Scope of the “Claim” Rest. § 24(2) • “Transaction” and “series” to be determined
pragmatically considering:
o Whether the facts are related in
time, space, origin or motivation;
o Whether the facts form a
convenient trial unit; and
o Whether their treatment as a
unit conforms to the parties’
expectations or business
understanding or usage
Issue Preclusion Rest. § 27 • When an issue of fact or law is actually • Parklane Hosiery Co. v. Shore
(General Rule) litigated and determined by a valid and final
judgment and the determination is essential
to the judgment, the determination is
conclusive in a subsequent action between
the parties, whether on the same or a
different claim
Issue Preclusion Rest. § 28 • Exceptions to issue preclusion
Exceptions
Issue Preclusion in Rest. § 29 • Relitigating is also usually precluded in
Subsequent Litigation litigation with others with some exceptions

11