Civil Procedure Outline
           A. The Complaint
                      1. Rule 3 – a civil action is commenced by filing a complaint with the court.
                      2. Rule 7 Pleadings Allowed
                                  (a) Types of pleadings:
                                             1. Complaint
                                             2. Answer
                                             3. Reply
                                             4. Cross-claim or Counter-claim
                      3. Rule 8 General Rules of Pleading
                                  (a) Pleading shall include
                                             1. Allegation of jurisdiction
                                             2. Short and plain statement of the claim
                                             3. Demand for relief(
                                  (e) Pleading to be Concise and Direct; Consistency
1. Each allegation of a pleading shall be simple, concise, and direct. No technical forms of pleading are required.
2. A party can state as many separate claims or defenses as the party can regardless of consistency and whether based on legal grounds. All subject to Rule 11.
                      4. Rule 10 Form of Pleading
(a) Every pleading needs a caption including the name of the court, name of parties with appropriate indication of other parties, title of action, file number and designation in rule 7(a). Refer to earlier claims with the paragraphs number.
(b) Claim and defense must be made in numbered paragraphs limited to practical set of circumstances
(c ) Statements can be adopted by reference to different parts of the same pleading or any motion. Additional written instruments can be attached and become part of it. (documents, evidence).
                      5. Rule 11 Signing of Pleadings, Motions, & Papers; Representation to Court; Sanctions
(a) Signature – All papers must be signed by at least on a
awarded on the court’s initiative unless it issues an order to show cause before a voluntary dismissal or settlement of the claims.
3. Order – When ordering sanctions the court must describe the conduct that caused the violation and describe the basis for sanctions
                                  (d) Inapplicability to Discovery – (a) to (c ) do not apply to discovery
                      6. Rule 8 Defenses
                                  (b) Defenses
                                             1. Admit or deny each allegation
                                             2. Stated lack of knowledge is equal to a denial.
                                  (d) Effect of Failure to Deny
1. If responsive pleading is required then those not answered will be considered admitted.
