Federal Rules of Civil Procedure Rules Chart

STAGE

ISSUE

RULE

DESCRIPTION

FRCP Values

FRCP 1

Purpose of FRCP is to secure just, speedy, and

inexpensive determinations of
actions/proceedings

Service

FRCP 4

Complaint

FRCP 8(a)

Answer: Admit/Deny

FRCP 8(b)

Answer: Affirmative
Defenses

FRCP 8(c)

RELATED CASES/RULES

GENERAL

PLEADING

Pleadings: Simple,
Concise and Direct
Pleadings: Construing

FRCP 8(d)

Pleading Special
Matters Fraud

FRCP 9(b)

FRCP 8(e)

(c) Personal Service

(d) Waiver
(m) Time limit 120 days after filing
complaint
Personal Jx is the same in federal court as in
state court
Function: Notice
Requires short & plain statement of: (1)
grounds for jurisdiction; (2) the claim
showing entitled to relief; and (3) demand
for the relief sought
(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
Some affirmative defenses (not exclusive):
Contributory negligence; fraud; res judicata;
statute of frauds; statute of limitations
Admit/deny allegations
Allegations must be simple, concise, and direct

Rio Properties, Inc. v. Rio

International Interlink

Conley v. Gibson
Swierkiewicz v. Sorema N.A.
Bell Atlantic Corp. v. Twombly

Kings Pay-Per-View v. J.C.

Dimitris
Carter v. US

Pleadings must be construed so as to do

justice.
In alleging fraud or mistake, a party must
state with particularity the circumstances
constituting fraud or mistake
Just FYI, must go beyond Rule 8 for fraud

Federal Rules of Civil Procedure Rules Chart

STAGE

ISSUE

RULE

DESCRIPTION

Caption
Signature

FRCP 10
FRCP 11(a), (b)

Sanctions

FRCP 11(c)

Answer: Time

FRCP 12(a)

Motion to Dismiss

FRCP 12(b)

Motion Judgment on
Pleadings

FRCP 12(c)

Caption reqd for pleadings

(a) Atty signature
(b) By signing, claiming that a pleading is
brought in good faith, have reasonable basis
in fact and law
Subject to sanctions if the court finds that
you did not in fact bring it in good faith
Party Initiated or Sua Sponte
Party-initiated: 21-day safe harbor
provision, objective reasonableness standard
Sua Sponte: No safe harbor, objective
reasonableness or subjective good faith
Does not apply to discovery
If service is waived gets 60 days
If service is not waived gets 20 days
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
Occurs after the pleadings have closed
Court will examine all pleadings and
determine if judgment in favor of either
party is appropriate
Either party can make this motion

RELATED CASES/RULES

Patsy's Brand, Inc. v. I.O.B.

Realty, Inc.
In re Pennie & Edmonds LLP
Frantz v. United States
Powerlifting Federation
Rule 37 (for discovery sanctions)

Federal Rules of Civil Procedure Rules Chart

STAGE

ISSUE

RULE

DESCRIPTION

Motion Other

FRCP 12(e)

Motion Other

FRCP 12(f)

Amendment

FRCP 15

Jury Demand

FRCP 38(b)

Deference to States

FRCP 4

Due Process

14th Amendment
(Section 1)

Federal District Court

Venue

28 U.S.C. 1391

Improper Venue

28 U.S.C. 1406(a)

Motion for a More Definite Statement

Must be so vague or ambiguous that the
party cannot respond
Not common
Motion to Strike Insufficient defense or
redundant, immaterial, impertinent, or
scandalous matter
Not common
Amendments as a matter of course (within
20 days of serving the pleadings)
Other amendments after 20 days runs out
(c) If after Statute of Limitations has ran,
must relate back to original claim(s)
If you want a jury, put a demand in your
pleading

RELATED CASES/RULES

Dubicz v. Commonwealth
Edison Co.
Tran v. Alphonse Hotel Corp.

Piper Aircraft v. Reyno

PERSONAL JX
For personal jurisdiction in federal court
refer to state statute
Nor shall any state deprive any person of
life, liberty, or property, without due process of
law

VENUE

Inconvenient Venue

28 U.S.C. 1404

US Supreme Court

Article III

(a) Diversity of citizenship

(b) Federal question
District Court can dismiss
District Court can transfer to another DC
where it could have been brought
Can only transfer to another federal court
Transfer for convenience
Number of factors to consider
Can only transfer to another federal court

Constitutional authority

SUBJECT
MATTER JX

Federal Rules of Civil Procedure Rules Chart

STAGE

ISSUE

RULE

DESCRIPTION

District Court Federal

Question

28 U.S.C. 1331

Allows s claims and s defenses under

federal question
Anything that raises a federal question in
defense can go
Only s claims for federal question
Well-pleaded complaint rule

District Court
Diversity

28 U.S.C. 1332

Complete diversity of parties

Amount in controversy over $75,000

Supplemental Jx

28 U.S.C. 1367

Bring in state claims & addl s as long as

they arise out of the same case/controversy
under Article III
Must still have complete diversity
Can go with only one that meets the
amount in controversy requirement
Allows to move to federal court if
couldve brought the case there first
Time limits
In federal question cases, citizenship is
irrelevant
In diversity cases, no s can be a citizen of
the state where the action is brought

Removal to Federal
Court

28 U.S.C. 1441

RELATED CASES/RULES

Louisville & Nashville Railroad

v. Mottley
Merrell Dow Pharmaceuticals v.
Thompson
Grable & Sons v. Darue
Sheehan v. Gustafson
Peterson v. Cooley
Del Vecchio v. Conseco
Exxon Mobil v. Allapattah

Spencer v. US District Court for

the Northern District of CA

Phillips v. General Motors

DISCOVERY
Motion for a Protective
Order
Mandatory Initial
Disclosure

FRCP 26(c)

Judge can order to cease asking

FRCP 26(a)

Each party must disclose the identity of

witnesses and documents, unless it would
be used solely for impeachment
Should occur within 14 days of discovery
conference
(2)(A) Expert disclosure

Expert Discovery

FRCP 26(a)

Federal Rules of Civil Procedure Rules Chart

STAGE

ISSUE

RULE

DESCRIPTION

Relevancy

FRCP 26(b)(1)

E-Discovery
Expert Deposition
Discovery Conference
Signature and
Sanctions

FRCP 26(b)(2)(B)
FRCP 26(b)(4)
FRCP 26(f)
FRCP 26(g)

Depositions
Interrogatories
Requests for
Production
Physical & Mental
Exams
Requests for Admission
Motion to Compel

FRCP 30-32
FRCP 33
FRCP 34

Sanctions

FRCP 37

Subpoenas

FRCP 45

Scheduling Order

FRCP 16(b)

RELATED CASES/RULES

(2)(B) Written report

(2)(C) Court-ordered deadline or 90 days
before trial

(1) Signature
(2) Sanctions

Sanyo v. Arista Records

Aubuchon v. Benefirst

Gonsalves v. City of New

Bedford

National Hockey League v.

Metro Hockey League

Tower Ventures v. City of

Westfield
Acuna v. Brown & Root
Riccuiti v. NY City Transit
Authority

FRCP 35
FRCP 36
FRCP 37(a)

(a) Minor sanctions

(b) Major sanctions

(3) Required deadlines: Joining parties,

amending pleadings, filing motions,
completing discovery
(3) Permitted deadlines: Providing Rule 26
disclosures, Scheduling pretrial
conferences, starting trial
(4) Can be modified only for good cause
and with judges consent

CASE
MANAGEMENT,
SETTLEMENT, &
ADR

Federal Rules of Civil Procedure Rules Chart

STAGE

ISSUE

RULE

DESCRIPTION

RELATED CASES/RULES

Pretrial Conferences
and Orders

FRCP 16(c), (d)

Final Pretrial
Conference & Order

FRCP 16(e)

R.M.R. v. Muscogee County

School District

Mareck v. Chesney

Chauffeurs v. Terry
Markman v. Westview
Instruments, Inc.

Edmonson v. Leesville Concrete

Co.

Sanctions

FRCP 16(f)

Settlement Damages
Limitation

FRCP 68

(c) Conferences
(d) Orders
Usually held after the completion of
discovery
Focuses on the conduct of the trial
Most judges require the parties to submit a
joint trial plan
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
If a claimant does not accept the s offer
and does not do better in the end, the is
liable for the s post-offer costs (usually
not attorneys fees)
Costs: filing fees, etc.
Fees: attorneys fees

JUDGE & JURY

Right to Jury

7th Amendment

Only applies to the federal government

not incorporated to apply to the states

Jury Demand

FRCP 38(b)

Jury Composition
Jury Selection
Peremptory Challenges

FRCP 48
FRCP 47(b)
28 U.S.C. 1870

Must file no later than 10 days after the last

pleading directed to the issue is served
Must be composed of 6-12 members
Lawyers opportunity to strike without
explanation or cause
Limited
Cant be race-based
May excuse for good cause
Members of the panel show themselves
incapable of performing their factfinding
tasks

Jury Selection
Excuses for Cause

FRCP 47(c)

Federal Rules of Civil Procedure Rules Chart

STAGE

ISSUE

RULE

DESCRIPTION

Jury Instructions

FRCP 49, 51

FRCP 50(a)

Judgment as a Matter
of Law

Renewed Motion for

Judgment as a Matter
of Law

FRCP 50(b)

Summary Judgment

FRCP 56

Motion for New Trial

FRCP 59

Unlimited
The court determines the content of jury
instructions
Failure to object Waived
May be made at any time before the case is
submitted to the jury (as soon as an
opposing side has been heard on an issue)
Standard: Is there enough evidence that
reasonable jurors could differ?
May be made within 10 days after jury is
discharged
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
Standard: there enough evidence that
reasonable jurors could differ?
Seeking judgment on a partys claim or
defense
Will be granted when there remains no
genuine issue as to any material fact
Must be filed within 10 days of the entry of
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

RELATED CASES/RULES

Reeves v. Sanderson Plumbing

Celotex v. Catrett
Scott v. Harris

Unitherm v. Swift

Federal Rules of Civil Procedure Rules Chart

STAGE

ISSUE

RULE

DESCRIPTION

RELATED CASES/RULES

is excessively large
JOINDER
Supplemental Jx

28 U.S.C. 1367

Compulsory
Counterclaim

FRCP 13(a)

Permissive
Counterclaim

FRCP 13(b)

Crossclaims

FRCP 13(g)

Joinder of Claims
(In General)

FRCP 18

Required Party

FRCP 19(a)

If has federal question claim against ,

can join state law theories arising out the
same nucleus of common fact against that
(w/o satisfying diversity reqmts)
If has federal question claim against a ,
can join state law theories against other
s arising out of same nucleus of facts (w/o
satisfying diversity reqmts)
If any has diversity claim against a ,
other s w/ same state law claim can join
in the action even though less that $75K is
controversy (still need diversity of
citizenship)
must state as a counterclaim any claim
against the that arises out of the same
transaction or occurrence that is the subject
of the complaint.
may state as a counterclaim any other
claim against the (but the claim must
have an independent basis for federal
jurisdiction)
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.
A party may join , as independent or
alternative claims, as many claims as it has
against an opposing party.
Party is necessary when:

Makah Indian Tribe v. Verity

Federal Rules of Civil Procedure Rules Chart

STAGE

ISSUE

RULE

DESCRIPTION
(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
impaired or impeded or that creates
the risk of inconsistent rulings and
obligations
When joinder of such a necessary party is
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
partys presence; (4) adequacy of plaintiffs
remedy if the action were dismissed
(a) Permissive joinder of other parties as
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
Rule interpleader: Available whenever there
exists people with claims that may expose a
to double or multiple liability
Statutory interpleader: Interpleader
uthorized by statute
Basic idea: a large number of people (aka
class) all find themselves in a similar
legal situation as a result of a transaction or

RELATED CASES/RULES

Required Party
Joinder Infeasible

FRCP 19(b)

Permissive Party

FRCP 20

Interpleader

FRCP 22

Class Actions

FRCP 23

Alexander v. Fulton County

Federal Rules of Civil Procedure Rules Chart

STAGE

ISSUE

RULE

DESCRIPTION

series of transaction that has created

possible legal liability
Sometimes mandatory
Class members may sometimes opt out of
the class
Court must permit:
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
(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
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.

Intervention of Right

FRCP 24(a)

Permissive Intervention

FRCP 24(b)

Separate Trials

FRCP 42(b)

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)

Claim Preclusion

Rest. 17

A valid, final personal judgment is

conclusive between the parties
o If the judgment is for the claim
is extinguished and merged in the
judgment and a new claim may arise
on the judgment

RELATED CASES/RULES

Grutter v. Bollinger

Rush v. City of Maple Heights

APPEALS

JUDGMENTS

10

Federal Rules of Civil Procedure Rules Chart

STAGE

ISSUE

RULE

DESCRIPTION
If the judgment is for the claim
is extinguished and judgment bars
any subsequent action on the claim
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
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
When an issue of fact or law is actually
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
Exceptions to issue preclusion

RELATED CASES/RULES

Scope of the Claim

Rest. 24(1)

Scope of the Claim

Rest. 24(2)

Issue Preclusion
(General Rule)

Rest. 27

Issue Preclusion
Exceptions
Issue Preclusion in
Subsequent Litigation

Rest. 28

Rest. 29

Parklane Hosiery Co. v. Shore

Relitigating is also usually precluded in

litigation with others with some exceptions

11