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Rule 1331 USC enables federal jurisdiction 1332 USC enables diversity jurisidiction Rule 4 Summons and service Rule 7 pleadings allowed Rule 8 Pleading a. claim for relief 1. jurisidiction 2. claim for relief b. denials 1. (b) admit or deny every allegation 2. must respond to the substance of the claim 3. can deny the entire complaint but if denying only part must specify which part denied 4. when denying part, must admit part thats true and deny rest 5. can claim lack of knowledge (in practice a denial) 6. failure to deny is an admission Rule 9 - pleading for special matter (heightened bar for fraud) b. must state with particularity when alleging fraud Rule 10 Form of Pleading a. caption: names of parties b. paragraphs: state each claim in separate statements Rule 11 Sanctions related to written documents a. requires all written documents end with attorneys signature b. reasonable inquiry under the circumstance 1. improper purposes 2. warranted by law or non-frivolous reason to change 3. evidentiary support or support with discovery 4. denials are warranted c. sanctions 1. if rule 11 b violated 2. can be motioned for 3. on courts initiative 4. limited to what is needed to deter 5. Rule 12 - Defenses and Objections A(1)(a)(i) 21 days to serve answer A(4)(a) 14 days after motion is decided b. types that may be presented by motion 1-7 (listing types Rule 15 - Amending pleadings (a)(1) When can be amended (a) 21 days after serving party (a)(2) in all other cases can only be amended with courts leave or with other parties consent. Court should when justice so requires (c) relation back (1)(b) must arise out of the same conduct or occurrence

Rule 26 Discovery (a) (1) initial disclosures (a) i names and addresses for helping claims or defenses (unless solely for impeachment) (c) within 14 days of 26(f) (2) disclosures of experts (b)expert report (i-vi what is included) (c) (ii)requires subject matter and summary of facts for fact/expert witnesses (b) scope and limits (1) that which is relevant (2) (a) allows courts to change rules for limits on interrogatories and depositions (3) WPD (b) if provide access to WPD must protect againt mental impressions (4) retained experts (a) testifying experts may be deposed (b) drafts protected (c) communications between experts and attorneys protected i-iii what is not protected (d) non-testifying experts not discoverable i-ii excpetions (rule 35 and exceptional need) (c) Protective orders 1. protect from embarrassment, annoyance, oppression or undue burden/expense (A-H: how courts protect) (f)(3) provides report for judge Rule 30 Depositions (a)(2) limited to 10 but can request more (c)(2) can object and is noted but must answer all questions (d)(1) 7 hour limit to depositions (d)(2) can refuse to answer that which may be covered by protective order Rule 33 Interrogatories (a) limits to 25 questions per side (b) written questions that must be answered Rule 34 Document Requests Rule 35 Medical examinations B(4) request for waives privilege Rule 36 Request for Admissions Rule 37 Sanctions (a)motion to compel discovery 1. party has tried to confer with other party

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(a) failing intitial disclosures can be sanctioned

(b&c) results in protective order if motion granted (b) motion for sanctions (c)(1) sanction for failing to disclose in unable to use info at trial Rule 41 dismissals (Voluntary and involuntary) a. voluntary dismissal 1(a) without court order i-ii: by parties or before answer or MSJ 2 without prejudice unless otherwise stated b. involuntary Rule 55 Default judgment a. when party fails to serve a required affirmative response b. (1): when simple monetary judgment can be entered by clerk (2): otherwise must apply to court c. overturning for good cause under 60(b) Rule 56 Motion for Summary judgment

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