I. II. III.

IV.

V. VI. VII. VIII.

Rule 3 (File) Rule 4 (Service of Process) Rule 8 (Pleadings) & 9 (Pleading w/ Particularity) sub-points in order. a. Complaint b. 12(e/f) Motions For More Definite Statement or to Strike i. 12(f) motions do not pause the time; an answer is still required in 20 days. c. Amended Complaints (Rule 15) these can recur throughout the trial process i. Rule 19 Joinders could be part of the initial complaint as well. d. 12(b) Motions to Dismiss (2-5 waivables; 1 not waivable; 6/7 preserved through trial) i. 12(b) motions pause the time required for an answer. e. Answer 8(b) sub-points occur in tandem i. Rule 14 3rd party complaints ii. Admissions/denials or lacking knowledge [8(b)(1) & (3)] 1. Allegations are admitted if not denied 8(b)(6) iii. Affirmative Defenses -- 8(c) iv. Counter Claims and Cross Claims Rule 13 v. Rule 12 defenses (not made in motion or waived) f. Motions for Judgment on the Pleadings 12(c) Rule 11 Sanctions (Conduct during pleadings) a. 1983-93 required that it is grounded in fact. Presently changed to to the best of the persons knowledgeformed after inquiry reasonable under the circumstances. b. Motions for sanctions must be made to opposing counsel and give 21 days to fix the problem 26(f) Pre-Discovery Conference 26(a)(1) Initial Disclosures 26(a)(2) Disclosure of Expert Testimony Discovery (Also Somewhere in here any Rule 16(a) Conferences) a. Interrogatories to Parties Rule 33 i. Advantages: I dont know isnt a legitimate answer, and theyre cheaper than depositions. ii. Disadvantages: Questions can be read different ways, cant ask follow-up questions, only parties must answer questions, answers are not binding in court (Lackawanna).

b. Depositions -- Rule 30 i. Use Rule 32 1. F.R. Evidence 801(d)(1)(A) not hearsay if conflicting with trial testimony ii. Advantages: Can ask follow-up questions, can depose anyone, can determine the strength of the person as a witness, can win over people like Schlitmann won over Love, clients usually cant talk to lawyers except to determine privilege. iii. Disadvantages: Depositions are very costly, cant assist your client, parties can say that they dont know the answer, danger of giving away strategy, geographic limits on where you can depose people (100 miles b/c of Rule 45). iv. 30(d)(2) Sanctions c. Requests to Produce Documents, etc. or to Enter onto Land rule 34 d. Physical or Mental Exams Rule 35 i. Must show good cause for the examination. ii. The topic of the examination (such as health) must be in controversy. e. Requests for Admission to Parties rule 36 f. Supplementing Any Disclosures Made 26(e) g. Discovery Scope and Limits 26(b) i. Work Product 26(b)(3) 1. Hickman v. Taylor protects oral statements 2. 26(b)(3)(A)(ii) When Work Product is Discoverable 3. Attorney Client Privilege (technically common law, but included) ii. Protective Orders 26(c) h. 26(g) Discovery Sanctions (for signature representations) i. 28 U.S.C. 1927 Counsels Liability for Excessive Cost to Client (recklessly and in bad faith) Motion to Compel Discovery Rule 37(a) [after good faith effort to get other party to cooperate] a. Specific Motions and sanctions -- 37(a)(3) b. Sanctions In General 37(b) c. More Specific Sanctions Rule 37(c/d/e/f) Motions For Summary Judgment Rule 56 Optional Rule 16(e) Final Pre-Trial Conference Select a Jury Rule 47 a. Examine Jurors 47(a)

IX.

X. XI. XII.

XIII.

XIV. -

b. Peremptory Challenges 47(b) and 28 U.S.C. 1870 Trial (in Order) a. AT ANY TIME the court may excuse a juror for good cause 47(c) b. Plaintiff Presents Case c. Defense Motion for Judgment as a Matter of Law 50(a) d. Defense Presents Case [if 50(a) is denied] e. Plaintiff Motion for Judgment as a Matter of Law 50(a) f. Jury Instructions g. Verdict *if both 50(a)s are denied+ i. General Verdict ii. Special Verdict Rule 49(a) iii. General Verdict with Answers to Written Questions 49(b) h. Request for (or sua sponte) Polling of the Jurors 48(c) i. Motions for JNOV [ rule 50(b)] and/or New Trial [rules 59 and 50(b)] and/or Motions for Amended or Additional Findings 52(b) j. Enter Final Judgment Rule 58 (but see 54(b) for entering judgment on multiple claims or parties) k. Motions for Amended or Additional Findings (if not made at same time as Motion for New Trial) 52(b) Appeals (At any Point??) The court may order Separate Trials under 42(b) for a variety of reasons. A motion for Dismissal can be made by the defense if the plaintiff fails to prosecute or comply with the rules or a court order; such a dismissal counts as an adjudication on the merits (with some exceptions). Rule 41(b).

Subject Matter Jurisdiction A. Diversity 28 U.S.C. 1332 Complete Diversity must be met meaning that each side cant have a citizen from the same state. Citizenship is determined by where one is domiciled or where he was last domiciled. Corporations are citizens of the state of its principal place of business as well as any state in which it is incorporated. Often a problem of where is the principal place of business.

Insurance Companies When a citizen of a state attempts to sue a persons out-of-state insurance company, the insureds citizenship is imputed to the insurance company so that citizens of the same state stay within state court. Suits between two aliens are not covered under diversity. Amount in controversy must exceed $75,000; based on plaintiffs complaint. If the plaintiff recovers less, the jurisdiction is not destroyed. Its based on amount in controversy at the commencement on the lawsuit. State courts have concurrent jurisdiction. Plaintiff chooses which court to bring the suit in.

Article III of Constitution - Minimal Diversity suffices meaning you must have one plaintiff and one defendant from different states. B. Federal Question 28 U.S.C. 1331 State courts have concurrent jurisdiction unless the statute specifically says otherwise Arising under is interpreted by Mottley.

Article III of Constitution Arising under in the constitution includes any case which has a federal component.

Mottley In order for something to be a federal question, it must be presented on the face of the plaintiffs well-pleaded complaint. Federal defenses do not constitute federal questions, even if the whole case will revolve around the federal defense. A well-pleaded complaint is the basics of what is needed to plead the claim.

C. Removal

28 U.S.C. 1441 Only allowed if it could have been brought in federal court by the plaintiff. Must have either Diversity or Federal Question. Defendants cant remove on diversity grounds if one of them is being sued in their state of citizenship. Can always remove on FQ grounds - Multiple defendants must agree to remove - Only allowed to the same district court that originally embraced the lawsuit. - Plaintiffs cant remove even if they are counterclaimed against VIII. Common Themes A. Judges as Managers Chudasama Managerial Judges by Resnik Bradshaw Bullying from the Bench B. Sua Sponte Rules 11(c)(3), 12 (f), 12(h)(3), 26(b)(2)(C), 26(g)(3), 39, 56, and 59.