4.

) PLEADINGS RULES:
A. Amendments,
Rule 15a[20 days to amend pleadings if not responded to yet. If responded, then ask for leave of court,
only allowed once], b[amend by motion to court], c [relate back to original date of pleading as long as
permitted by statute, related to original claim, mis-ID parties, and original C put ∆ on ntc of possible
claims],
B. Special Matters,
Rule 9a-h[capacity, fraud, mistake, condition of mind, conditions, precedent, official documents & act,
judgment from other jurisdictions, time and place, special damages, admiralty & maritime claims need to
be stated w/ support],
C. Form of Pleadings,
Rule 10a[court, title of action, file #, type of pleading, and names of parties], b[separate paragraphs], c
[can reference back to paragraph #].
D. Representations to the Court,
Rule 11a [everything needs to be signed], b[signature means you are not filing for improper purpose,
claim, defenses, allegations, and factual denials all have evidentiary or legal support] c[if 11 violated, mtn
by adverse party or order can be made for costs and fees if improp doc not w/drawn in 21 days.
5.) JOINDER
A. Claims:
Rule 18[once you have a claim and you are bringing it in fed ct, you can bring as many claims against a
opposing party.
Rule 13a[related claim, will invoke 1367], b[unrelated claim, need 1331/1332], g[x-claim vs co-party.]
B. Parties.
Rule 20a[anyone can join if  have claim arising out of same transaction], b[by ct discretion if same trans
and some? of law or fact common in all party].
Rule 14[allows  to bring in an outside if they are or may be liable for all or some of Πs claim against the
, properly impleaded=supp. J.
Rule 19a[person needs to be joined b/c w/o them no complete relief or disposition will impede or impair,
to protect interest and leave party to risk of multiple suits], b[if party not feasible, then court may decided
to go on or dismiss. 4 factors p.50]
Rule 24a interv [by right, need timely app, protectable int., disposition may impair ability to protect int., not
adequately represented], b[permissive, timely app, claim/defense & main ? must have ? of law or fact in
common, not unduly delay or pred.], c[serve mtn on parties w/ grounds, file mtn with ct, & answer C]
Rule 22[two parties having claims vs  can be joined as s.  Need to meet SMJ, IPJ requires. Venue is
1391.] Statutory Interpleader §1335[min diversity, at least b/n 2 claimants, IPJ is nat¡¯l service of
process ¡ì2361, venue is residence of one or more claimants ¡ì1397, $500 in contro.]  
6.) COMPLAINT.
Rule 7a[needs to be a complaint/answer, reply/counterclaim, answer/cross-claim, 3rd party answer/3rd
party complaint], b1[orders to be made by motion in writing w/ grounds/relief.  
Rule 8a [claims need to have stmt 4 IPJ, why entitled to relief and relief sought.]
7.) PRE-TRIAL CONFERENCE:
Rule 16b[scheduling order needs to be w/in 90 days after ∆’s appearance and w/in 120 days after svc of
complaint], c[subjects to be considered on p. 44, can always set up pretrial conference under (c)], f[failure
to comply with scheduling order = orders under 37b2(B-D)
8.)PRE-ANSWER  MOTIONS:  
A. Motion to Dismiss,
Rule 12b motions[lack of smj, ipj, improper venue, insufficiency of process, insuff. of service of process,
failure to state a claim, failure to join, e[motion for a more definite stmt when pleading is too vague to form
a response], f [strike from pleadings for bad stuff], g [consolidate the defenses], h[if lack of IPJ, improper
venue, insufficiency of process or service of process is not raised by mtn or answer, it is waived. Lack of
SMJ can be raised at anytime. 12(b)(6-7) can be raised at trial, by mtn on pleadings, or by pleadings
allowed under 7(a)]
9.) ANSWER:
Rule 12a[ 20-60-90 to answer after being served], b[defs must be asserted in respve pleading or by mtn]
A. Impleading other parties B. Admissions &Denials,
Rule 8b[requires the ∆ to admit or deny allegations he actually disputes], d[any allegations not denied,
deemed admitted]
C. Counterclaims,
Rule 13a[need to state counterclaim to any claim if it arises out of the same transaction or occurrence.
Don’t need to if it’s already being litigated or brought by a process by which the court cannot get IPJ over.]
D. Affirmative defenses, Rule 8c[need to set forth the aff defenses in your answer, see p. 27 for list]  
10.) DISCOVERY:
Rule 26a[need to provide initial disclosures w/in 14 days of 26(f) meeting re: people who have
discoverable info, docs, computation of damages, expert witnesses to be used, including data & exhibits
to be used by witness, parties added after 26f meeting have 30 days to comply. Add’l disclosures made at
least 30 days  b4 trial, and all needs to be signed and filed with court], b[discoverable items = anything
relevant and not privileged to the claim or defense. depos and rogs may be limited by the court, and will
be limited if unreasonable, and burden outweighs benefit. trial prep material will only be given if can’t get
w/out undue hardship. if claiming privilege, it needs to be done expressly. ], c[need to bring mtn 4
protective orders, cert it is done in good cause, by good faith efforts, policy considerations under c(2), if
discovery allowed, will be limited by the terms of the court], d[can’t get discovery b4 26f meeting, but can
be brought in any order, e[party who discloses is under duty to supp or correct by order of court if
materials are incomplete or add’l material is learned], f[need to meet at least 21 days b4 scheduling conf
to decided on discovery plan]
The timeline: Comp.-->answer (60 days)scheduling conf. (21 days b4 scheduling order) (26(f)) 
Disclosures (14 days later) (26(a))Sched. order (120 days)
 A. Depositions,
Rule 26(b)(4) [experts can be deposed], any way for discovery.
B. Document production,
Rule 26(a)(1)(b) [copy of, description by category and location of all docs used to support your claim.]
C. Request for admissions D. Physical Examinations,
Rule 25a[court may order exam if mental or physical condition is in question]
E. Interrogatories,
Rule 33a[can ask 25 Qs w/out leave of court, need to ask court if you want more], c[can ask anything
relevant to the case].
F. Rule 37, Failure to Make or Cooperate in Discovery, Sanctions
a[motion to compel discovery, if granted, adverse party pays fees, if denied, moving party pays fees, b[if
fail to obey, court can refuse to allow party to support or oppose claims or defenses, strike out parts of
pleadings, hold in contempt], g[ failure to participate in good faith = pay expenses and atty fees].
G. Subpoena Rule 45a(1)(c)[must appear and give testimony or access to docs in control]
11.) PRE-TRIAL MOTIONS:
A. Judgment on the Pleadings,
Rule 12c [can move court to make a judgment based on pleadings],
B. Voluntary Dismissal, Rule 41a[by Π, b4 answer is served or MSJ, and is w/out prejudice.  By court,
unless counterclaim has no independent jurisdictional basis].
C. Involuntary Dismissal, Rule 41b[by ∆ to Π for failure to prosecute and will be an adjudication on the
merits.]
D. Default Judgment, Rule 55a[where the ∆ hasn’t responded, file an affidavit stating when and by what
means complaint was filed ask for entry of default], b[judgment by default by clerk is done when the sum
is certain or computable. By court, need to give ntc of hearing 3 days prior and need to take into account
and determine what damage is proper according to the evidence], c[can set aside the default for good
cause], d[rule applies to Π, 3rd party Π, party who cross-claimed or counterclaim.] 
E. Summary Judgment, Rule 56c[Saying no genuine issue of material fact], d[when judgment not on
whole case, court to decide what material facts exist], e[supporting and opposing affidavits be made on
personal knowledge, setting forth admissible fact. Opposing party to MSJ can’t just rely on the pleadings
for its defense. Need to come back with facts to oppose SJ], f[if affidavits unavailable by opposing party,
court may refuse app for judgment, order continuance, or discovery], g[affidavits made in bad faith subject
to court costs for the other party.]
12.) TRIAL:
A. Claim Preclusion: A valid and final judgment on the merits of a claim or cause of action precludes the
reassertion of that claim or cause of action in a subsequent action b/n the same parties, even as to claim
that should have been, but were not raised in the former case.
1. Elements: (1)same c/a i.e., valid and final  judgment in an action against ∆, all rights and remedies
against the ∆ w/ respect to all or any part of the transaction is merged or barred from relitigation.
Transaction or series are closely related in time, space, origin, or motivation, form a convenient trial unit,
or a unit that conforms to the parties expectations. (2) finality (3) on the  merits i.e., verdict of full jury trial,
rulings under rule 50, 56, 12(b)(6), 41, and occasionally 55 if allowed by court.  (4) Valid; judgments on
SMJ or IPJ, Joinder, and improper venue are not valid judgments.
2. Due Process Requirement: can’t preclude someone who wasn’t a party in the first suit.  
3. Parties bound by decision: parties to the 1st suit, persons in privity w/ a party in the 1st action.
B. Issue Preclusion: Where the second lawsuit involves a different claim, the first judgment may be
invoked as to all issues which were actually litigated and determined in the first action and necessarily
determined (essential to the determination of the first action).
1. Elements: (1) Identical issues; (2) actually litigated and determined; (3) same parties/privity (mutuality
prevents non-party from having the benefit of CP in his favor); (4) necessarily determined i.e., essential to
the judgment (ask whether the particular fact that was determined in the former action explains the
judgment in that action.)
2. Exceptions: change of facts significantly from prior judgment. 3. Parties to be Bound, parties of 2 nd suit
who were adverse parties in the 1st, ∆ who cross-claimed against a co-∆.
4. New CL re: mutuality i.e., it’s not required.
5. Defensive: where a party already received an adverse judgment on an issue, a ∆ not party or privy to
the 1st suit could use that judgment to estopp the party from subsequent relitigating of claim.
6. Offensive: Where a ∆ has already litigated and issue and lost, a party not a party to the 1 st suit can use
the judgment to estopp the ∆ from asserting the same defense. Factors to consider: wait & see ?
Fairness? Inconsistent jdmts? Procedural opps?
20. JUDGMENT AS A MATTER OF LAW:
Rule 50a[if after jury has fully heard the issue and there is no legally sufficient basis for a reasonable jury
to find for that party on that issue, court may determine issue against that party], b[if not granted, issue
will be submitted to jury, movant will have 10 days after entry of judgment to renew request, and what
happens is up to the court.
Joinder Analysis: 1) joinder rules allow me to do it? a. 13(a) compulsory: part of same TOC? §1367 b.
13(b) permissive: unrelated, need 1331/1332. c. 13(g) x-claim: 1367 d. 18: allows for parties to bring as
many claims. 2)SMJ? §1331, 1332, 1367
Impleader Analysis: 1)properly impleaded?  is or may be liable under 14(a) 2)if 3rd party  brings
counterclaim vs original   a. allowed by R18. b. if claim related 13(a) & 1367 c. if claim unrelated
 13(b) & need 1331/1332 3) if the claim is based solely on diversity, the  can¡¯t bring 14(a) claim vs.
3rd .
19(a) Analysis: 1)can relief be awarded to  w/out the party that is missing? 2) Does the party that is
missing have an interest in the subject of the action? a. will jgmt impair/impede the party that is missing?
b. will there be a treat of inconsistent jdgmts.  
19(b) Analysis: 1)will the jdgmt be prejudicial to the missing party? 2)can a prejudice to the missing party
be lessened? (Is intervention offered? 3)will a jdgmt rendered in the absence of the missing party be
adequate?
24(a) Analysis: must allow a petitioner to intervene if either: a fed statute confers absolute rt; or the
intervenor must show 1)a transitionally related claim or defense 2)w/out adjudication, the intervenor’s rts
would be impair/impeded 3)existing parties would not adequately represent the petitioner’s interests.
24(b) Analysis (permissive): cts have discretion to allow if: a fed statute confers rt, or petitioner’s
claim/defense is transitionally related to the main action.