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Civil Procedure I
University of Connecticut School of Law
Tait, Colin C.

CIVIL PROCEDURE – RULES OUTLINE


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PLEADINGS AND MOTIONS
Rule 8 – Pleadings                                
Rule 9 – Special Matters            
Rule 11 – Sanctions                                
Rule 12 – Def. & Objs                                   
Rule 13 – CC & C-C                                    
Rule 14 – 3rd Parties                                    
Rule 15 – Amend & Supp                       
Rule 16 – Pre-trial conf

PARTIES      
Rule 17 – Parties                                    
Rule 18 – JOC 
Rule 19 – JOP                       
Rule 20 – Permissive J                            
Rule 23 – Interpleader
Rule 24 – Intervention

DEPOSITIONS AND DISCOVERY
Rule 26 – Discovery
Rule 27 – Depositions     
Rule 30 – Depositions
Rule 31 – Depositions
Rule 32 – Depositions
Rule 33 – Interrogatories
Rule 34 – Documents & Things
Rule 35 – Examinations
Rule 36 – Admissions
Rule 37 – Sanctions

TRIALS
Rule 41 – Dismissals

JUDGMENT
Rule 56 – Summary J


RULE 8 – GENERAL RULES OF PLEADING

PURPOSE AND SCOPE
Establishes “notice” pleading
Entitles pleaders to allege claims or defenses alternatively, hypothetically, or inconsistently.
Parts of a pleading cannot be offered as admissions against other portions containing inconsistent or alternative averments
Pleadings are construed liberally

8(a) – Claims for Relief
Core Concept:
In a “short and plain” statement, parties must:
State grounds for court’s subject matter jurisdiction
State a claim upon which relief can be granted
Fair notice, such that D con formulate a response
Demand for relief
Applications
Construed very liberally
Don’t have to say much since the whole purpose is notice

8(b) – Defenses, Form of Denials
Core Concept:
A party may respond to a pleader’s allegatio

t trial
Rule 8(a) applies to Ads – must give other party notice
All Ads are automatically denied and therefore do not require responses
AD mislabeled as denials will be treated as Ads

8(d) – Effect of Failure to Deny
Core Concept
A party that fails to deny will be deemed to have admitted
Applies to counterclaims and court orders as well

8(e) – Pleading to be Concise and Direct: Consistency
Core Concept:
Should be simple, direct and concise in accord with Rule 8(a)
Application:
When pleadings are redundant, irrelevant or irrational, courts may grant a motion to strike or a motion for a more definite answer
Rule 11 applies to pleading inconsistently, alternatively, etc.

8(f) – Construction of Pleading
Core Concept: