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Rule 4. Summons
(a) Contents; Amendments
(1) Must contain: name the court and parties, be directed to D, state the name and address of the P's attorney or P if not represented, state the time in which the D must appear and defend, notify D that failure to appear will result in default judgment, be signed by the clerk, and bear the court's seal. |
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Rule 4. Summons
(b) Issuance - On or after filing complaint, P may present summons to clerk who signs it. |
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Rule 4. Summons
(c) Service
(1) With copy of complaint, within time allowed by 4(m)(usually 120 days)
(2) Any person at least 18 that's not a party
(3) By Marshal or someone specially appointed |
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Rule 3. Commencing an Action
A civil action is commenced by filing a complaint with the court |
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Rule 7. Pleadings
(a) Pleadings. Only these pleadings are allowed:
(1) a complaint
(2) an answer to a complaint
(3) an answer to a counterclaim designated as a counterclaim
(4) an answer to a crossclaim
(5) a third party complaint
(6) an answer to a third party complaint
(7) if the court orders one, a reply to an answer |
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Rule 8. General Rules of Pleading
(a) Claim for Relief
(1) short and plain statement of the ground's for the court's jurisdiction, unless the court has jurisdiction and the claim needs no support
(2) short and plain statement of the claim showing pleader is entitled to relief
(3) a demand for the relief sought, which may include in the alternative or different types of relief |
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Rule 9. Pleading Special Matters
(a) Capacity or Authority to Sue; Legal Existence
(1) In general, a pleading need not allege (A) a party's capacity to sue (B) a party's authority to sue or be sued in a representative capacity or (3) the legal existence of an organized association of person that is made a party
(2)To raise these issues, a party must do so by specific denial |
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Rule 10. Form of Pleadings
(a) Caption; Names of Parties
(b) Paragraphs; Separate Statements
(c) Adoption by Reference; Exhibits |
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Rule 12. Defense and Objections...
(e) Motion for a more Definite Statement - so vague and ambiguous that the party cannot reasonably prepare a response |
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Rule 15. Amended and Supplemental Pleadings
(a) Amendments before Trial
(b) Amendments During and After Trial
(c) Relation Back of Amendments
(d) Supplemental Pleadings |
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Rule 8. General Rules of Pleadings
(b) Defenses; Admissions and Denials
(1) In general, in responding to a pleading, party must(A)state short and plain terms its defenses to each claim asserted
(B) admit or deny allegations asserted against it by opposing party
(2) Denials must fairly respond to substance of the allegation
(3) General and Specific denials
(4) Denying part of the allegation
(5) Lacking Knowledge or Information
(6) Effect of Failing to Deny |
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Rule 8. General Rules of Pleadings
(c) Affirmative Defenses
(1) In General
(2) Mistaken designation |
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Rule 8. General Rules of Pleadings
(d) Pleading to be concise and direct; Alternative statements; inconsistency |
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| Rule 12. Defenses and Objections |
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Rule 13. Counterclaim and Crossclaim
(a) Compulsory Counterclaim |
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Rule 13. Counterclaim and Crossclaim
(b) Permissive Counterclaim |
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| Rule 11. Signing Pleadings, Motions, and other Papers, representations to the court, SANCTIONS |
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Rule 68. Offer of Judgment
(b) unaccepted offer not admissible as evidence
(d) If judgment offeree obtains is more favorable than actual judgment, must pay court costs incurred after offer was made |
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| Rule 26. Duty to Disclose; General Provisions Governing Discovery |
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| Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions |
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| Rule 38. Right to a Jury Trial; Demand |
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| Rule 39. Trial by Jury or by the Court |
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| Rule 47. Selecting Jurors |
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| Rule 56. Summary Judgment |
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Rule 12. Defenses and Objections...
(b)(6) failure to state a claim upon which relief can be granted |
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| Rule 41. Dismissal of Actions |
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| Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling |
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Rule 59. New Trial; Altering or Amending Judgment
(a) In General
(1) Grounds for New Trial |
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| Rule 60. Relief from a Judgment or Order |
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