Civ Pro RULES

US Constitution, Article 3, Section 2

Refers to judicial jurisdiction

28 USC ��1332(a)-(c)

Civil actions can be brought federally if you're seeking more than $75,000 AND Can be brought if the parties all live in different states (diversity jurisdiction)

FRCP Rule 11

Applies to all documents except for discovery documents. Requires that when you sign a document, you're certifying various things, that it's not for improper purpose, that your legal contentions are warranted, your factual contentions will have evidentiar

� Rule 8(a)(2)

short and plain statement of the claim showing that the pleader is entitled to relief

� Rule 15.

Specifically (a) and (d)

� Rule 12(b)(6) - Motion to Dismiss

If the complaint stated an implausible claim or is not supported by sufficient facts, then you can move to dismiss the complaint. This is filed before discovery takes place or as a response to plaintiff's complaint Judge rules on this motion only

� 28 USC �2201(a)

any court of the united states may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration shall have the force and effect of a final judgemen

� 28 USC �2202

further relief. Further necessary or proper relief based on a declaratory judgement or decree may be granted after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgement

� Mass General Law c. 231A � 1

Power to make declaratory determinations; jury questions; equity jurisdiction (original and concurrent)

� Rule 38

Right to a jury trial; as declared by the 7th amendment to the constitution or as provided by a federal statute, is preserved to the parties inviolate.

� Rule 65(b)

temporary restraining order

� 65(b)(1)

a court can issue a TRO without written or oral notice to the adverse party or its attorney IF

� 65(b)(1)(A)-(B)

a notice to the adverse party can cause injury, loss or damage

� 65(b)(2)

contents; expiration of TRO

� 65(b)(3)

expediting the preliminary-injunction hearing

� 65(b)(4)

Motion to dissolve

� Rule 65(a)

Preliminary Injunction

� 65(a)(1)

a court can issue a preliminary injunction only on notice to the adverse party

� Rule 13

counterclaim

rule 13(a)

compulsary counterclaim

rule 13(b)

permissive counterclaim

Rule 19(a)

?

Rule 20

Permissive joinder of parties

Rule 20(a)(1) to (3)

(a) who can join the action? People can join an action as a plaintiff if the (A) they assert their right for relief from the same accident/incident that plaintiff is involved in and (B) if the question of law or fact is common with the rest of the plainti

Rule 20(b)

o the court can issue orders, including an order for separate trials to protect a party from embarrassment, delay, expense or other prejudice that arises from including a person against the party asserts no claim and who asserts no claim against the party

rule 18

joinder of claims

rule 18(a)

(a) a party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party

rule 18(b)

(b) a party can join TWO claims even though one of them is contingent on the disposition of the other; but the court may grant relief only in accordance with the parties' relative substantive rights. In particular a plaintiff may state a claim for money a

Rule 14

Third Party Practice

Rule 14(a)(1)

a defending party may as third party plaintiff serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it

Rule 14(a)(3)

the plaintiff may assert against the third party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiffs claim against the third party plaintiff (who's a defendant in the original suit)

Rule 21

misjoinder and disjoinder

Rule 12(b)(7)

non joinder

Rule 19

? non joinder

rule 24

intervention

rule 22

interpleader

rule 12(b)(6)

motion to dismiss for failure to state a claim

rule 12(b)

defenses that deft can file a motion to dismiss against pltfs complaint

rule 41(a)

plaintiff voluntarily motions to dismiss case

rule 56(a) to (c)

motion for summary judgement; A party can move for summary judgement if you show there isn't any genuine dispute as to material fact and you want a judgement from the court.; a party can file for a motion for summary judgement any time until 30 days befor

28 USC title � 1335

interpleader

rule 11(c)

motion for sanctions; a party's request that the court impose a penalty on an attorney's law firm or opposing party has violated some requirement or has been responsible for a violation.