Civil Procedure II Outline

Civil Procedure II Outline – Wendy Parker, Spring 2016

Answer

Rule 8

Amendments

Rule 15

Pleading Sanctions

Rule 11

Counterclaims and Crossclaims

Rule 13

Third Party Practice

Rule 14

Joinder of Claims

Rule 18
Rule 19
Rule 20

Intervention

Rule 24

Class Actions

Rule 23
Hansberry v. Lee

Supplemental Jurisdiction

28 U.S.C. § 1367
Exxon Mobil Corp. v. Allapattah Services

Discovery

Rule 26
Work Product

Hickman v. Taylor

Expert Work Product
Devices

Rule 33
Rule 34
Rule 36

E-Discovery & Depositions

Rule 30
Rule 37

Sanctions

Pre-Trial Adjudication

Dismissal

Rule 41

Summary Judgment

Rule 56
Celotex Corp. v. Catrett

Trial

Jury Selections

7th Amendment
Dairy Queen, Inc. v. Wood

Trial Motions

Rule 50
Rule 59

Appeal

28 U.S.C. § 1291

Claim Preclusion
Issue Preclusion
Procedural Due Process
Settlement

Essay Checklists/Decision Flowcharts/Summaries

Class Action
Summary Judgment
Supplemental Jurisdiction
Joinder/Intervention
Amendments
Sanctions

Timeline of Depositions
FRCP/Statutes Cheat Sheet

(b) Defenses; Admissions and Denials.

(1) In General. In responding to a pleading, a party must:

(A) state in short and plain terms its defenses to each claim asserted against it; and

(B) admit or deny the allegations asserted against it by an opposing party.

(2) Denials—Responding to the Substance. A denial must fairly respond to the substance of the allegation.

(3) General and Specific Denials. A party that intends in good faith to deny all the allegations of a pleading—including the jurisdictional grounds—may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.

(4) Denying Part of an Allegation. A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest.

(5) Lacking Knowledge or Information. A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.

(6) Effect of Failing to Deny. An allegation—other than one relating to the amount of damages—is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.

(c) Affirmative Defenses.

(1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:

• accord and satisfaction;

• arbitration and award;

• assumption of risk;

• contributory negligence;

• duress;

• estoppel;

• failure of consideration;

• fraud;

• illegality;

• injury by fellow servant;

• laches;

• license;

• payment;

• release;

• res judicata;

• statute of frauds;

• statute of limitations; and

• waiver.

(2) Mistaken Designation. If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court must, if justice requires, treat the pleading as though it were correctly designated, and may impose terms for do