View Full Version : post here and i'll assign you a federal rule of civil procedure
and you'll never want to go to law school, ever
jackrock
10-09-2006, 12:34 AM
Exciting
tracky
10-09-2006, 12:35 AM
my life will be complete
Exciting
i'm worried that this thread isn't going to get any replies so i'm going to give you one of the big ones right off the bat
Rule 8(a)
General Rules of Pleading -> Claims for Relief
A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) a short and plain statement of the grounds upon which the court's jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it, (2) a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief the pleader seeks. Relief in the alternative or of several different types may be demanded.
Dorothy Wood
10-09-2006, 12:40 AM
make it thrilling
my life will be complete
i'm going to give you another big one
Rule 12(b)
Defenses and Objections -> How presented
Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of 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 motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
make it thrilling
dorothy, you get a sexxxy one, about interrogatories ;) ;) ;)
Rule 33(a)
Interrogatories to Parties -> Availability
Rule 33. Interrogatories to Parties
(a) Availability.
Without leave of court or written stipulation, any party may serve upon any other party written interrogatories, not exceeding 25 in number including all discrete subparts, to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Leave to serve additional interrogatories shall be granted to the extent consistent with the principles of Rule 26(b)(2). Without leave of court or written stipulation, interrogatories may not be served before the time specified in Rule 26(d).
so i don't wanna pull a 33(a) on you but are you available lol
Dorothy Wood
10-09-2006, 12:51 AM
I don't object. :o
ORDER IN THE COURT!
Dorothy Wood
10-09-2006, 12:54 AM
wait wait, is that a gavel in your pocket or are you just happy to see me? ;)
:(
so this thread's pretty boring
now imagine that you're paying over $35,000 a year to read it
now you're me
Dorothy Wood
10-09-2006, 01:04 AM
law books and pencils...err, mmmm...paperwork. laws. ;)
tracky
10-09-2006, 02:42 AM
i'm going to give you another big one
Rule 12(b)
Defenses and Objections -> How presented
Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of 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 motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
Maybe it's just because i've been drinking but that was jibberish :D I only read like a couple of sentences before i decided my brain would appreciate not exploding
vBulletin® v3.6.7, Copyright ©2000-2025, Jelsoft Enterprises Ltd.