Federal Rules of Civil Procedure Questions & Answers
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FPC - Fundamental Payroll Certification
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FPC - Fundamental Payroll Certification
Federal Rules of Civil Procedure Questions & Answers
Rule 7(a) Pleadings
Pleadings: 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; and 7. i...
Federal Rules of Civil Procedure
Questions & Answers
Rule 7(a) Pleadings - answer Pleadings: 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; and 7. if
the court orders one, a reply to an answer
Rule 7(b) Motions - answer Motions: must be made in writing unless during a hearing
or trial; state with particularity the grounds for seeking; and the claim for relief
Rule 8(a) Claim for Relief - answer Claim for relief must contain: a short and plain
stmt for ct's j(x) unless ct already has j(x); a short and plain stmt of claim showing
pleader is entitled to relief; demand for relief sought
Rule 8(b) Defenses - answer Defenses; Admissions and Denials: A party responding
to a pleading must state in short and plain terms its defenses to each claim asserted;
and admit or deny the allegations; Any claim the party fails to deny is deemed admitted;
party can allege they are without knowledge or information to form a belief to the truth of
the claim
Rule 8(c) Affirmative Defenses - answer MUST assert of you waive: accord and
satisfaction; arbitration and award; assumption of risk; contributory neg; discharge in
bankruptcy; duress; estoppel; failure of consideration; fraud; illegality; injury by fellow
servant; laches; license; payment; release; res judicata; statute of frauds; SOL; and
waiver
Rule 9(b) Fraud and Mistake - answer Party alleging fraud or mistake must state the
circumstances with particularity; MUST occur before discovery
General v Special Damages - answer General: damages flowing naturally from the
wrongful act; Special: damages awarded in addition to or instead of general damages->
MUST be listed in complaint
Rule 8(d)(2) Alternatively/Hypothetical - answer A party may set forth 2 or more
stmts of a claim or defense alternatively or hypothetically so long as they are made in
good faith under Rule 11
Rule 12(b) Motions to dismiss - answer Lack of SMJ; Lack of PJ; improper venue;
insufficient process; insufficient service of process; failure to state a claim for relief;
failure to join a party under Rule 19
Rule 12(b)2- Rule 12(b)5 - answer MUST be made before trial
, Rule 12(b)6- 12(b)7 - answer Can be made anytime before trial
Rule 12(e) Motion for a more definite stmt - answer A party can move for a more
definite stmt when a pleading is "so vague or ambiguous that the party cannot
reasonably prepare a response"
Rule 12(f) Motion to Strike - answer Can be used to force deletion of any redundant,
immaterial, impertinent, or scandalous matter from the pleading
Rule 6(b) Motion to extend time - answer A ct may grant if there's a showing of good
cause
§1404 Change of Venue - answer A case can be transferred from a proper venue to
another proper venue where it's more convenient for the parties and witnesses
§1406 Cure or Waiver of defects - answer A case can be transferred from a place
where the venue was initially improper
Rule 21 Motion to Drop or Add Party - answer Allowed at any stage of the action so
long as the terms of the addition/deletion are just
General, Special, Qualified Denials - answer GD: deny everything in the complaint
including j(x)
SD: deny all allegations in a specific para
QD: deny a certain portion of the allegation
Rule 12(a) Time to Serve Responsive Pleading - answer A D must serve answer
within 21 days after being served with the summons and complaint; if D waives service
then 60 days; if D makes Rule 12 motion then 10 days after denial
Rule 7(a)(3) Counterclaim - answer There must be an answer to a counterclaim if it
is labeled as a counterclaim
Rule 15(a)(1) Amended and Supplemental Pleadings - answer A party may amend
its pleading 1 time as a matter of course w/i 21 days of serving or 21 days after service
of a responsive pleading
Rule 15(c)1(A) Relation Back of Amendments - answer An amendment will relate
back when relation back is permitted by the law that provides the applicable SOL
Rule 15(c)1(B) Relation Back - answer If amendment asserts a claim or defense that
arises out of the conduct, transaction, or occurrence set out or attempted to be set out
in the original pleading is relates back
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