FRCP Rules
7(a) – Pleadings & Motions: Pleadings Allowed; Form of Motions: “There shall be a
complaint and an answer; a reply to a counterclaim; an answer to a cross-claim, if the
answer contains a cross-claim; a 3rd party complaint, if a person who was not an original
party is summoned under the provisions of Rule 14; and a 3rd party answer, if a 3rd party
complaint is served. No other pleadings are allowed, except that the court may order a
reply to an answer or a 3rd party answer.”
8 – General Rules of Pleading:
(a) Claims for Relief (“short and plain statement of jurisdiction, claim, and relief”),
(b) Defenses; Form of Denials (“admit, deny, or without knowledge = denial”),
(c) Affirmative Defenses (“arbitration, assumption of risk, laches, etc…”),
(d) Effect of Failure to Deny (“admitted when not denied”),
(e) Pleading to Be Concise and Direct; Consistency not Required (“no formulas
required”),
(f) Construction of Pleadings (“do substantial justice”)
9 – Pleading Special Matters:
(a) Capacity, (b) Fraud, Mistake, Condition of the Mind, (c) Conditions Precedent, (d)
Official Document or Act, (e) Judgment, (f) Time and Place, (g) Special Damages, (h)
Admiralty and Maritime Claims
11- Signing of Pleadings, Motions & Other Papers; Representations to Court;
Sanctions
(a) Signature (“everything to be signed by attorney or party”)
(b) Representations to Court (“best of knowledge, information, and belief after an inquiry
made; not done to harass or delay; nonfrivilous; evidentiary support”)
(c) Sanctions (“a court may impose sanctions if (b) is violated; purpose is deterrence; $
sanctions are disfavored”)
(d) Inapplicable to Discovery (“(a) to (c) do not apply to discovery rules 26-37”)
12 – Defenses & Objections – When & How Presented – By Pleading or Motion
(a) When Presented (“Within 20 days after summons/complaint – with exceptions”)
(b) How Presented (“see 12(b)(7) below”),
(c) Motion for Judgment on the Pleadings, (d) Preliminary Hearings,
(e) Motion for a More Definite Statement (“to correct vague or ambiguous pleading”),
(f) Motion to Strike (“court rids any insufficient defense, redundancy, or scandalous
matter”)
(g) Consolidation of Defenses in Motion, (h) Waiver or Preservation of Certain Defenses
12(b)(7) – Failure to Join a Party under Rule 19
13 – Counterclaim & Cross-claim
(a) Compulsory Counterclaims (“arises out of the same transaction or occurrence”)
(b) Permissive Counterclaims (“not arising out of the same transaction or occurrence”)
(c) Counterclaim Exceeding Opposing Claim (“may not diminish or defeat recovery
sought, but may exceed the amount of the opposing party”)
(d) Counterclaim Against the United States (“cannot go beyond U.S. limitations”)
(e) Counterclaim Maturing or Acquired After Pleading (“may be presented as
counterclaim by supplemental pleading”)
(f) Omitted Counterclaim (“if mistakenly omitted, may submit supplemental pleading”)
(g) Cross-Claim Against Co-Party (“only if part of same transaction or occurrence”)
(h) Joinder of Additional Parties (“other parties may be joined in accordance with Rule
19 & 20”)
(i) Separate Trials; Separate Judgments
14 – Third-Party Practice:
(a) When Defendant May Bring in 3rd Party (“any time after action brought”)
(b) When Plaintiff May Bring in 3rd Party (“when counterclaim is asserted against π”)
(c) Admiralty and Maritime Claims
15 – Amended & Supplemental Pleadings
(a) Amendments (“may amend any time within 20 days after served”)
(b) Amendments to Conform to the Evidence
(c) Relation Back of Amendments (“relates back to date of original pleading when SoL,
same transaction or occurrence, or changes a party within 120 days”)
(d) Supplemental Pleadings (“may add to the pleadings later”)
16 – Pretrial Conferences; Scheduling; Management
(a) Pretrial Conferences; Objectives (“expedite disposition, control, discourage
wastefulness, prepare for trial, facilitate settlement.”)
(b) Scheduling and Planning (“judge may set time to join other parties, amend pleadings,
file motions, complete discovery and modify dates & times”)
(c) Subjects for Consideration at Pretrial Conferences (“simplify issues, eliminate
frivolous claims, amendments of pleadings, obtaining admissions, avoid excessive proof
or evidence, controlling discovery, identify witnesses and documents, etc.”)
(d) Final Pretrial Conference (“as close to time of trial as reasonable.”)
(e) Pretrial Orders, (f) Sanctions (“if failure to obey order then must pay expenses”)
17 – Parties Plaintiff & Defendant; Capacity
(a) Real Party in Interest (“Every action shall be prosecuted in the name of the real party
in interest.”)
(b) Capacity to Sue or Be Sued (“Determined by the localities’ law”)
(c) Infants or Incompetent Persons (“a representative may sue or defend on behalf of…”)
18 – Joinder or Claims & Remedies
(a) Joinder of Claims (“You can join however many claims you want against the person”)
(b) Joinder of Remedies; Fraudulent Conveyances
19 – Joinder of Persons Needed For a Just Adjudication
(a) Persons To Be Joined If Feasible (“shall be joined if in their absence complete relief
cannot be given, or judgment would affect that person’s interests in the action”)
(b) Determination by Court Whenever Joinder Not Feasible (“if party in (a) cannot be
joined, the court must decide whether to dismiss because the person was indispensable,
or proceed without the person”)
(1) Extent judgment might be prejudicial to person or existing parties
(2) Extent prejudice can be lessened or avoided
(3) Whether Judgment without the person would be adequate
(4) Whether π will have an adequate remedy if action is dismissed for nonjoinder
(c) Pleading Reasons for Nonjoinder
(d) Exception of Class Actions (“this rule is subject to rule 23”)
20 – Permissive Joinder of Parties
(a) Permissive Joinder (“allowed to join if party relates to the same transaction or
occurrence”)
(b) Separate Trials (“the court can order separate trials to avoid embarrassment”)
21 – Misjoinder & Non-Joinder of Parties: “Misjoinder of parties is not ground for
dismissal.” Any claim against a party may be severed and proceeded with separately.”
22 – Interpleader
(1) “Persons having claims against the π may be joined as ∆s and required to interplead
when their claims are such that the π is or may be exposed to double or multiple
liability.”
(2) “The remedy does not supersede or limit remedy under 28 U.S.C. § 1335, 1397,
2361.”
23 – Class Actions
(a) Prerequisites to a Class Action (“one or more may sue only if a class so numerous that
joinder of all is impracticable, questions of law or fact common to the class, claims or
defenses of representative(s) are typical of the class, and reps will fairly and adequately
protect the interests of the class.”)
(b) Class Actions Maintainable (“in addition to the prerequisites, a class action must
protect individual members of the class from inconsistent adjudications, and the court
finds that questions of law/fact common to members of the class predominating over
individual member’s questions.”)
(c) Certifying a Class Action
(d) Orders in Conduct of Actions
(e) Settlement, Voluntary Dismissal, or Compromise (“the court must approve”)
(f) Appeals, (g) Class Counsel, (h) Attorney Fees Award
24 – Intervention
(a) Intervention of Right (“a person may intervene if they have a statutory right, or if they
have an interest in the property or transaction which is the subject of the action”)
(b) Permissive Intervention (“when there is a statutory right, or when the claim or
defense and the main action have a question of law or fact in common.”)
(c) Procedure (“serve a motion to intervene upon the parties in rule 5”)
26 to 37 – Discovery
41 – Dismissal of Actions
(a) Voluntary Dismissal (“an action by be dismissed by π or by order of the court.”)
(b) Involuntary Dismissal (“for failure of π to prosecute or comply with court order.”)
(c) Dismissal of Counterclaim, Cross-Claim, or 3rd Party Claim
(d) Costs of Previously Dismissed Action
42(a) – Consolidation; Separate Trials
(a) Consolidation (“actions with common questions of law or fact may get a joint hearing
or trial”)
(b) Separate Trials (“for convenience or to avoid prejudice they court may separate
claims”)
49 – Special Verdicts & Interrogatories
(a) Special Verdicts (“The court may require a jury to return only a special verdict in the
form of a special written finding upon each issue of fact.”)
(b) General Verdict Accompanied by Answer to Interrogatories (“The court may submit
to the jury written interrogatories upon one or more issues of fact the decision of which is
necessary to a verdict”)
50 – Judgment as a Matter of Law in Jury Trials; Alternative Motion for a New
Trial; Conditional Rulings
(a) Judgment as a Matter of Law (“no legally sufficient evidence for a reasonable jury to
conclude otherwise”)
(b) Renewing Motion for Judgment After Trial; Alternative Motion for New Trial
(“movant can renew request for motion no later than 10 days after entry of judgment, or
may request a new trial”)
(c) Granting Renewed Motion for Judgment as a Matter of Law; New Trial Motion
(d) Same: Denial of Motion for Judgment as a Matter of Law
51 – Instructions to Jury; Objections; Preserving a Claim of Error
(a) Requests (“May request for instructions that could not reasonably have been
anticipated, with permission file untimely requests”)
(b) Instructions (“court must inform parties of proposed instructions before submitting to
jury”)
(c) Objections (“Parties may object to the instructions prior to submission”)
(d) Assigning Error; Plain Error
52 – Findings by the Court; Judgment on Partial Findings
(a) Effect (“When no jury, the court shall find the facts specially and state separately its
conclusions of law thereon”)
(b) Amendment (“Within 10 days after entry of judgment, the court may amend its
findings”)
(c) Judgment on Partial Findings (“the court may enter judgment as a matter of law”)
54(b) – Judgments; Costs: Judgment Upon Multiple Claims or Involving Multiple
Parties (“the court may direct the entry of a final judgment as to one or more but fewer
than all of the claims only upon an express determination that there is no just reason for
delay and upon an express direction for the entry of judgment.”)
54(c) – Judgments; Costs: Demand for Judgment (“A judgment by default shall not be
different in kind from or exceed in amount that prayed for in the demand for judgment.”)
55 – Default
(a) Entry (“failed to plead or otherwise defend”)
(b) Judgment (“may be entered by the clerk when sum is certain upon request of π, or
may otherwise be entered by the court”)
(c) Setting Aside Default (“possible if good cause is shown”)
(d) Plaintiffs, Counterclaimants, Cross-Claimants (“default rules apply to all”)
(e) Judgment Against the United States (“no defaults against the U.S. unless the claimant
establishes a claim or right to relief by evidence satisfactory to the court”)
56 – Summary Judgment
(a) For Claimant (“20 days from commencement of the action”)
(b) For Defending Party (“may move at any time”)
(c) Motion and Proceedings Thereon (“no genuine issues as to any material fact and that
the moving party is entitled to a judgment as a matter of law.”
(d) Case Not Fully Adjudicated on Motion
(e) Form of Affidavits; Further Testimony; Defense Required
(f) When Affidavits are Unavailable
(g) Affidavits Made in Bad Faith
58 – Entry of Judgment
(a) Separate Document (“for every judgment”)
(b) Time of Entry
(c) Cost or Fee Awards
(d) Request for Entry
59 – New Trials; Amendment of Judgments
(a) Grounds (“in a trial by jury or without a jury for valid reasons”)
(b) Time for Motion (“no later than 10 days after entry of the judgment”)
(c) Time for Serving Affidavits (“10 days after service to file, extendable up to 20 days”)
(d) On Court’s Initiative; Notice; Specifying Grounds
(e) Motion to Alter or Amend Judgment (“to be filed no later than 10 days after
judgment”)
60 – Relief From Judgment or Order
(a) Clerical Mistakes (“may be corrected at any time by the court”)
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud
(“The court may provide relief if it finds these things”)
61 – Harmless Error (“not grounds for a new trial or disturbing a judgment or order;
error must affect substantial rights of parties to become harmful”)
65 – Injunctions
(a) Preliminary Injunction (“must give notice to adverse party, may have trial on merits”)
(b) Temporary Restraining Order; Notice; Hearing; Duration (“does not always require
notice, expires after 10 days”)
(c) Security (“applicant must give security – or money - for anyone who might be
wrongfully enjoined or restrained”)
(d) Form and Scope of Injunction or Restraining Order (“must set forth reasons for
issuance; be specific in terms”)
(e) Employer and Employee; Interpleader; Constitutional Cases (“rules do not modify any
statute of the U.S. in actions affecting employer and employee”)
(f) Copyright Impoundment (“rule applies”)
28 U.S.C. § 1651(a) - Writs
(a) The Supreme Court and all courts established by Act of Congress may issue all writs
necessary or appropriate in aid of their respective jurisdictions and agreeable to the
usages and principles of law.
28 U.S.C. § 1291 - Final decisions of district courts
The courts of appeals (other than the United States Court of Appeals for the Federal
Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of
the United States, the United States District Court for the District of the Canal Zone, the
District Court of Guam, and the District Court of the Virgin Islands, except where a
direct review may be had in the Supreme Court. The jurisdiction of the United States
Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in
sections 1292(c) and (d) and 1295 of this title [28 USCS §§ 1292(c) and (d) and 1295].
28 U.S.C. § 1292 - Interlocutory Decisions
(c) The United States Court of Appeals for the Federal Circuit shall have exclusive
jurisdiction--
(1) of an appeal from an interlocutory order or decree described in subsection (a) or (b)
of this section in any case over which the court would have jurisdiction of an appeal
under section 1295 of this title [28 USCS § 1295]; and
(2) of an appeal from a judgment in a civil action for patent infringement which would
otherwise be appealable to the United States Court of Appeals for the Federal Circuit and
is final except for an accounting.
(d) (1) When the chief judge of the Court of International Trade issues an order …
(2) When the chief judge of the United States Court of Federal Claims issues an order
…
(3) Neither the application for nor the granting of an appeal under this subsection shall
stay proceedings in the Court of International Trade or in the Claims Court [Court of
Federal Claims]
(4) (A) The United States Court of Appeals for the Federal Circuit shall have exclusive
jurisdiction of an appeal from an interlocutory order of a district court of the United
States, the District Court of Guam, the District Court of the Virgin Islands, or the District
Court for the Northern Mariana Islands, granting or denying, in whole or in part, a motion
to transfer an action to the United States Claims Court [United States Court of Federal
Claims.
28 U.S.C. § 1335. Interpleader
(a) The district courts shall have original jurisdiction of any civil action of interpleader or
in the nature of interpleader filed by any person … having in his or its custody or
possession money or property of the value of $ 500 or more…
(b) Such an action may be entertained although the titles or claims of the conflicting
claimants do not have a common origin, or are not identical, but are adverse to and
independent of one another.
§ 1397. Interpleader
Any civil action of interpleader or in the nature of interpleader under section 1335 of this
title [28 USCS § 1335] may be brought in the judicial district in which one or more of the
claimants reside.
§ 2361. Process and procedure