Court Procedure

[mrg]

COURT PROCEDURE
Originally Compiled By Weishaupt
Edited mrg


The first principle of a lawsuit which starts with the Complaint by the Plaintiff.

FEDERAL RULES OF CIVIL PROCEDURE (FRCP)
http://www.lexisnexis.com/lawschool/...web/frcp01.htm

(I. SCOPE OF RULES ONE FORM OF ACTION)

Rule 1. Scope and Purpose of Rules

These rules govern the procedure in the United States district courts in all suits of a civil nature whether cognizable as cases at law or in equity or in admiralty, with the exceptions stated in Rule 81.

They shall be construed and administered to secure the just, speedy, and inexpensive determination of every action.

[Definitions from Black’s Law 6th Ed.]

Sue. proceeding for the RECOVERY of a RIGHT . . . . . gain by LEGAL PROCESS

Suit. A generic term of comprehensive signification, referring to any proceeding . . . against another in a COURT of LAW in which the PLAINTIFF pursues, in such court, the remedy which the LAW AFFORDS HIM for the REDRESS of an injury or the ENFORCEMENT of a RIGHT, whether at LAW OR IN EQUITY. . . "suit" replaced by the word action (RULE 2 HERE )

FRCP Rule 2. One Form of Action

There shall be one form of action to be known as civil action.

Action. . . . formal complaint brought within a court of law . . . demand of one's right from another party made & insisted on in a court of justice . . . for the protection of a right, redress or prevention of a wrong, or the punishment of a public offense . . .

While there has been a MERGER of LAW & EQUITY, PRINCIPLES OF EQUITY STILL GOVERN. (RULE 2 HERE )

FRCP Rule 2. One Form of Action

There shall be one form of action to be known as civil action.

Complaint The original or initial pleading by which an action is commenced under codes or Rules of Civil Procedure (Rule 3 HERE ).

FRCP II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS

FRCP Rule 3. Commencement of Action

A civil action is commenced by filing a complaint with the court.

The pleading which sets forth a claim for relief.... shall contain:

(1)....statement of the grounds upon which jurisdiction of the court depends....

(2)....showing that pleader is entitled to relief....

(3) demand for judgment of a relief to which he deems himself entitled....

(4). . . .with the summons as required to be served.

Pleading

Pleadings. The formal allegations by the parties to a lawsuit of their respective claims and defenses, with the intended purpose being to provide notice of what is to be expected at trial. (Rule 7 HERE )

III. PLEADINGS AND MOTIONS

FRCP Rule 7. Pleadings Allowed; Form of Motions

(a) Pleadings. There shall be a complaint and an answer;

a reply to a counterclaim denominated as such;

an answer to a cross-claim, if the answer contains a cross-claim;

a third-party complaint, if a person who was not an original party is summoned under the provisions of Rule 14;

and a third-party answer, if a third-party complaint is served.

No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.


(b) Motions and Other Papers

(1) An application to the court for an order shall be by motion which:

unless made during a hearing or trial, shall be made in writing,

shall state with particularity the grounds therefor,

and shall set forth the relief or order sought.

The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.

(2) The rules applicable to captions and other matters of form of pleadings apply to all motions and other papers provided for by these rules.

(3) All motions shall be signed in accordance with Rule 11.

(c) Demurrers, Pleas, etc., Abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.

Relief. Deliverance from oppression, wrong or injustice . . .

assistance, redress, or benefit which a complainant seeks at the hands of a court, PARTICULARLY IN EQUITY. . .

remedies as specific performance,

injunction,

or the REFORMATION OR RECISSION OF A CONTRACT. (Rule 8(a) HERE)

FRCP Rule 8.(a) (General Rules of Pleading)

(a) Claims for Relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain

(1) a short and plain statement of the grounds upon which the court's jurisdiction depends,

unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it,

(2) a short and plain statement of the claim showing that the pleader is entitled to relief, and

(3) a demand for judgment for the relief the pleader seeks.

Relief in the alternative or of several different types may be demanded.

Jurisdiction: A term of COMPREHENSIVE import embracing EVERY kind of judicial action.

. . .defines the power of courts to INQUIRE into facts, APPLY the law, make DECISIONS, & declare JUDGEMENT.

. . . LEGAL right by which judges exercise their authority

IT EXISTS when a court has COGNIZANCE of the CLASS of cases involved, PROPER parties are present, and point to be decided is WITHIN the POWERS of the court.

....power of a court to adjucate concerning SUBJECT MATTER....

SCOPE & EXTENT OF JURISDICTION OF FEDERAL COURTS IS GOVERNED BY 28 USCA 1251
http://caselaw.lp.findlaw.com/script...le=28&sec=1251

Jurisdictional Amount. Requisite jurisdictional amount for diversity of citizenship jurisdictional amount for diversity of citizenship jurisdiction in the federal courts is set forth in 28USC1332
http://caselaw.lp.findlaw.com/script...le=28&sec=1332

Jurisdictional Plea: Form of answer addressed to the issue of whether the court has the power over the defendant or over the subject matter of the litigation (Rule 12(b)(1),(2) HERE

FRCP Rule 12. Defenses and Objections - When and How Presented - By Pleading or Motion - Motion for Judgment on the Pleadings

(b) How Presented.

Every defense, in law or fact, to a claim for relief in any pleading,

whether a claim,

counterclaim,

cross-claim,

or third-party claim,

shall be asserted in the responsive pleading thereto if one is required,

except that the following defenses may at the option of the pleader be made by motion:

(1) lack of jurisdiction over the subject matter,

(2) lack of jurisdiction over the person,

Summons. Used to COMMENCE a civil action or special proceeding and is a means of acquiring jurisdiction over a party. ( RULE 4 HERE )

FRCP Rule 4. Summons

(a) Form.

The summons shall be:

signed by the clerk,

bear the seal of the court,

identify the court and the parties,

be directed to the defendant,

and state the name and address of the plaintiff's attorney

or, if unrepresented, of the plaintiff.

It shall also state the time within which the defendant must appear and defend,

and notify the defendant that failure to do so will result in a judgment by default against the defendant for the relief demanded in the complaint.

The court may allow a summons to be amended.

(b) Issuance.

Upon or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal.

If the summons is in proper form, the clerk shall sign, seal, and issue it to the plaintiff for service on the defendant.

A summons, or a copy of the summons if addressed to multiple defendants, shall be issued for each defendant to be served.

(c) Service with Complaint; by Whom Made.

(1) A summons shall be served together with a copy of the complaint.

The plaintiff is responsible for service of a summons and complaint within the time allowed under subdivision (m) and shall furnish the person effecting service with the necessary copies of the summons and complaint.

(2) Service may be effected by any person who is not a party and who is at least 18 years of age.

At the request of the plaintiff, however, the court may direct that service be effected by a United States marshal, deputy United States marshal, or other person or officer specially appointed by the court for the purpose.

Such an appointment must be made when the plaintiff is authorized to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 or is authorized to proceed as a seaman under 28 U.S.C. § 1916.
http://www4.law.cornell.edu/uscode/h...5----000-.html

(d) Waiver of Service; Duty to Save Costs of Service; Request to Waive.

(1) A defendant who waives service of a summons does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.

(2) An individual, corporation, or association that is subject to service under subdivision (e), (f), or (h) and that receives notice of an action in the manner provided in this paragraph has a duty to avoid unnecessary costs of serving the summons.

To avoid costs, the plaintiff may notify such a defendant of the commencement of the action and request that the defendant waive service of a summons.

The notice and request:

(A) shall be in writing and shall be addressed directly to the defendant, if an individual, or else to an officer or managing or general agent (or other agent authorized by appointment or law to receive service of process) of a defendant subject to service under subdivision (h) ;

(B) shall be dispatched through first-class mail or other reliable means;

(C) shall be accompanied by a copy of the complaint and shall identify the court in which it has been filed;

(D) shall inform the defendant, by means of a text prescribed in an official form promulgated pursuant to Rule 84, of the consequences of compliance and of a failure to comply with the request;

(E) shall set forth the date on which request is sent;

(F) shall allow the defendant a reasonable time to return the waiver, which shall be at least 30 days from the date on which the request is sent, or 60 days from that date if the defendant is addressed outside any judicial district of the United States; and

(G) shall provide the defendant with an extra copy of the notice and request, as well as a prepaid means of compliance in writing.

If a defendant located within the United States fails to comply with a request for waiver made by a plaintiff located within the United States, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure be shown.

(3) A defendant that, before being served with process, timely returns a waiver so requested is not required to serve an answer to the complaint until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant was addressed outside any judicial district of the United States.

(4) When the plaintiff files a waiver of service with the court, the action shall proceed, except as provided in paragraph (3), as if a summons and complaint had been served at the time of filing the waiver, and no proofs of service shall be required.


(5) The costs to be imposed on a defendant under paragraph (2) for failure to comply with a request to waive service of a summons shall include the costs subsequently incurred in effecting service under subdivision (e), (f), or (h), together with the costs, including a reasonable attorney's fee, of any motion required to collect the costs of service.

(e) Service Upon Individuals Within a Judicial District of the United States.

Unless otherwise provided by federal law, service upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in any judicial district of the United States:

(1) pursuant to the law of the state in which the district court is located, or in which service is effected, for the service of a summons upon the defendant in an action brought in the courts of general jurisdiction of the State; or

(2) by delivering a copy of the summons and of the complaint to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process.

(f) Service Upon Individuals in a Foreign Country.

Unless otherwise provided by federal law, service upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in a place not within any judicial district of the United States:

(1) by any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; or

(2) if there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice:

(A) in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or

(B) as directed by the foreign authority in response to a letter rogatory or letter of request; or

(C) unless prohibited by the law of the foreign country, by

(i) delivery to the individual personally of a copy of the summons and the complaint; or

(ii) any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or

(3) by other means not prohibited by international agreement as may be directed by the court.

(g) Service Upon Infants and Incompetent Person.

Service upon an infant or an incompetent person in a judicial district of the United States shall be effected in the manner prescribed by the law of the state in which the service is made for the service of summons or like process upon any such defendant in an action brought in the courts of general jurisdiction of that state.

Service upon an infant or an incompetent person in a place not within any judicial district of the United States shall be effected in the manner prescribed by paragraph (2)(A) or (2)(B) of subdivision (f) or by such means as the court may direct.

(h) Service Upon Corporations and Associations.

Unless otherwise provided by federal law, service upon a domestic or foreign corporation or upon a partnership or other unincorporated association that is subject to suit under a common name, and from which a waiver of service has not been obtained and filed, shall be effected:

(1) in a judicial district of the United States in the manner prescribed for individuals by subdivision (e)(1),

or by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and,

if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant, or

(2) in a place not within any judicial district of the United States in any manner prescribed for individuals by subdivision (f)

except personal delivery as provided in paragraph (2)(C)(i) thereof.

(i) Serving the United States, Its Agencies, Corporations, Officers, or Employees.

(1) Service upon the United States shall be effected

(A) by delivering a copy of the summons and of the complaint to the United States attorney for the district in which the action is brought or to an assistant United States attorney or clerical employee designated by the United States attorney in a writing filed with the clerk of the court

or by sending a copy of the summons and of the complaint by registered or certified mail addressed to the civil process clerk at the office of the United States attorney and

(B) by also sending a copy of the summons and of the complaint by registered or certified mail to the Attorney General of the United States at Washington, District of Columbia, and

(C) in any action attacking the validity of an order of an officer or agency of the United States not made a party, by also sending a copy of the summons and of the complaint by registered or certified mail to the officer or agency.

(2)(A) Service on an agency or corporation of the United States, or an officer or employee of the United States sued only in an official capacity, is effected by serving the United States in the manner prescribed by Rule 4(i)(1)

and by also sending a copy of the summons and complaint by registered or certified mail to the officer, employee, agency, or corporation.

(B) Service on an officer or employee of the United States sued in an individual capacity for acts or omissions occurring in connection with the performance of duties on behalf of the United States whether or not the officer or employee is sued also in an official capacity is effected by serving the United States in the manner prescribed by Rule 4(i)(1)

and by serving the officer or employee in the manner prescribed by Rule 4 (e), (f), or (g).

(3) The court shall allow a reasonable time to serve process under Rule 4(i) for the purpose of curing the failure to serve:

(A) all persons required to be served in an action governed by Rule 4(i)(2)(A), if the plaintiff has served either the United States attorney or the Attorney General of the United States, or

(B) the United States in an action governed by Rule 4(i)(2)(B), if the plaintiff has served an officer or employee of the United States sued in an individual capacity.

(j) Service Upon Foreign, State, or Local Governments.

(1) Service upon a foreign state or a political subdivision, agency, or instrumentality thereof shall be effected pursuant to 28 U.S.C. § 1608.
http://caselaw.lp.findlaw.com/script...le=28&sec=1608

(2) Service upon a state, municipal corporation, or other governmental organization subject to suit, shall be effected by delivering a copy of the summons and of the complaint to its chief executive officer

or by serving the summons and complaint in the manner prescribed by the law of that state for the service of summons or other like process upon any such defendant.

(k) Territorial Limits of Effective Service.

(1) Service of a summons or filing a waiver of service is effective to establish jurisdiction over the person of a defendant

(A) who could be subjected to the jurisdiction of a court of general jurisdiction in the state in which the district court is located, or

(B) who is a party joined under Rule 14 or Rule 19 and is served at a place within a judicial district of the United States and not more than 100 miles from the place from which the summons issues, or

(C) who is subject to the federal interpleader jurisdiction under 28 U.S.C. § 1335,
http://www4.law.cornell.edu/uscode/h...5----000-.html

(D) or, when authorized by a statute of the United States.

(2) If the exercise of jurisdiction is consistent with the Constitution and laws of the United States, serving a summons or filing a waiver of service is also effective, with respect to claims arising under federal law, to establish personal jurisdiction over the person of any defendant who is not subject to the jurisdiction of the courts of general jurisdiction of any state.

(l) Proof of Service.

If service is not waived, the person effecting service shall make proof thereof to the court.

If service is made by a person other than a United States marshal or deputy United States marshal, the person shall make affidavit thereof.

Proof of service in a place not within any judicial district of the United States shall, if effected under paragraph (1) of subdivision (f), be made pursuant to the applicable treaty or convention, and shall, if effected under paragraph (2) or (3) thereof, include a receipt signed by the addressee or other evidence of delivery to the addressee satisfactory to the court.

Failure to make proof of service does not affect the validity of the service.

The court may allow proof of service to be amended.

(m) Time Limit for Service.

If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time;

provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period.

This subdivision does not apply to service in a foreign country pursuant to subdivision (f) or (j)(1).

(n) Seizure of Property; Service of Summons Not Feasible.

(1) If a statute of the United States so provides, the court may assert jurisdiction over property.

Notice to claimants of the property shall than be sent in the manner provided by the statute or by service of a summons under this rule.

(2) Upon a showing that personal jurisdiction over a defendant cannot,

in the district where the action is brought,

be obtained with reasonable efforts by service of summons in any manner authorized by this rule,

the court may assert jurisdiction over any of the defendant's assets found within the district

by seizing the assets under the circumstances

and in the manner provided by the law

of the state in which the district court is located.

Now you are ready to see the first role of the Defendant

Motions by the Defense

Now the next phase in our basic lawsuit structure is by the defense.

The plaintiff is anticipating an addressing of his complaint point by point by the defendant.

However, the defendant can instead conduct a flurry of motions to avoid answering the complaint.

There are basically three motions:

Motion to Dismiss,

Motion to Strike, or

Special Demurrer
(Requirement of a More Definite Statement of the Complaint)

Motion. An application made to a court or judge for the purpose of obtaining a rule or order directing some act to be done in favor of the applicant .

Usually made WITHIN the FRAMEWORK of an EXISTING ACTION . . . ordinarily MADE ON NOTICE . . . some . . .WITHOUT NOTICE . . . called

ex parte . . . requisite form of motions see (RULE 7(b) HERE )

FRCP Rule 7(b). Pleadings Allowed; Form of Motions

(b) Motions and Other Papers

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.

(2) The rules applicable to captions and other matters of form of pleadings apply to all motions and other papers provided for by these rules. [locate these rules]

(3) All motions shall be signed in accordance with Rule 11.

Motion to Dismiss. A motion requesting that a complaint be dismissed because it does not state a claim for which the law provides a remedy . . . legally insufficient

. . . before trial to attack . . . on the basis of insufficiency of the pleading, of process, venue, joinder, etc.. . . See Also Demurrer (Rule 12(b) HERE )

Rule 12. Defenses and Objections - When and How Presented - By Pleading or Motion - Motion for Judgment on the Pleadings

Rule 12.(b)

(b) How Presented.

Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim,

shall be asserted in the responsive pleading thereto if one is required,

except that the following defenses may at the option of the pleader be made by motion:

(1) lack of jurisdiction over the subject matter,

(2) lack of jurisdiction over the person,

(3) improper venue,

(4) insufficiency of process,

(5) insufficiency of service of process,

(6) failure to state a claim upon which relief can be granted,

(7) failure to join a party under Rule 19.
http://www.lexisnexis.com/lawschool/.../frcp02.htm#19


A motion making any of these defenses shall be made before pleading if a further pleading is permitted.

No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion.

If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief.

If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
http://www.lexisnexis.com/lawschool/.../frcp02.htm#56

BY FRCP , DEMURRERS, PLEAS & EXCEPTIONS FOR INSUFFICIENCY OF A PLEADING ARE ABOLISHED

(Rule 7 (c) HERE )

Rule 7. (c)

(c) Demurrers, Pleas, etc., Abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.”

EVERY DEFENSE IN LAW shall be made by MOTION or by ANSWER;

motions going to jurisdiction, venue, processs, or failure to state a claim are to be DISPOSED of BEFORE trial, UNLESS the court orders otherwise.

An EQUIVALENT to a demurrer is provided in the motion to dismiss for failure to state a claim on which relief may be granted (Rule 12(b) HERE )

FRCP Rule 12.(b)

(b) How Presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required,

except that the following defenses may at the option of the pleader be made by motion:

(1) lack of jurisdiction over the subject matter,

(2) lack of jurisdiction over the person,

(3) improper venue,

(4) insufficiency of process,

(5) insufficiency of service of process,

(6) failure to state a claim upon which relief can be granted,

(7) failure to join a party under Rule 19.
http://www.lexisnexis.com/lawschool/.../frcp02.htm#19

A motion making any of these defenses shall be made before pleading if a further pleading is permitted.

No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion.

If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief.

If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.

. . . objections by demurrer exists in certain states.(Chikity check 'ya self, kid)

Special Demurrer. Goes merely to structure or form of a pleading which it attacks, and usually only to some portion thereof, & must distinctly specify wherein defect lies.

Federal Rules analogue of the special demurrer is the MOTION to make MORE DEFINITE & CERTAIN (Rule 12(e) HERE )

FRCP Rule 12.(e)

(e) Motion For More Definite Statement.

If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading,

the party may move for a more definite statement before interposing a responsive pleadings.

The motion shall point out the defects complained of and the details desired.

If the motion is granted and the order of the court is not obeyed within 10 days after notice of the order or within such other time as the court may fix,

the court may strike the pleading to which the motion was directed or make such order as it deems just.”

Motion to Strike

On motion from either party, the court may order stricken from any pleading any insufficient defense, or any redundant, immaterial, impertinent, or scandalous matter. (Rule 12(f) HERE )

FRCP Rule 12.(f)

(f) Motion To Strike.

Upon motion made by a party before responding to a pleading or,

if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon the party or upon the court's own initiative at any time,

the court may order stricken from any pleading any

insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.”

What If the Defense's motions fail? - What can they do then?

If the Motions by the Defendant don't succeed, then the Defendant must -

Blacks 6th Edition
Answer.. . . denotes an assumption of liability, as to "answer for the debt or default of another. . .

Pleading. The response to the plaintiff's complaint, DENYING in part or in whole the ALLEGATIONS made by the plaintiff.

A pleading by which defendant endeavors to resist the plaintiff's demand by an allegation of facts, either denying allegations of plaintiff's complaint OR CONFESSING them and ALLEGING NEW MATTER in avoidance, which defendant alleges should should PREVENT RECOVERY on FACTS ALLEGED by plaintiff. . .

under FRCP, the answer is the formal written statement setting forth the grounds of his defense;

corresponding to what in actions under the common law practice is called the "plea" (Rule 8 HERE ) & Rule 12 HERE )

FRCP Rule 8. General Rules of Pleading

(a) Claims for Relief.

A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain

(1) a short and plain statement of the grounds upon which the court's jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it,

(2) a short and plain statement of the claim showing that the pleader is entitled to relief, and

(3) a demand for judgment for the relief the pleader seeks.

Relief in the alternative or of several different types may be demanded.

(b) Defenses; Form of Denials.

A party shall state in short and plain terms the party's defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies.

If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party shall so state and this has the effect of a denial.

Denials shall fairly meet the substance of the averments denied.

When a pleader intends in good faith to deny only a part or a qualification of an averment, the pleader shall specify so much of it as is true and material and shall deny only the remainder.

Unless the pleader intends in good faith to controvert all the averments of the preceding pleading,

the pleader may make denials as specific denials of designated averments or paragraphs

or may generally deny all the averments

except such designated averments or paragraphs as the pleader expressly admits;

but, when the pleader does so intend to controvert all its averments,

including averments of the grounds upon which the court's jurisdiction depends,

the pleader may do so by general denial subject to the obligations set forth in Rule 11.
http://www.lexisnexis.com/lawschool/.../frcp02.htm#11
(c) Affirmative Defenses.

In pleading to a preceding pleading, a party shall set forth affirmatively

accord and satisfaction,

arbitration and award,

assumption of risk,

contributory negligence,

discharge in bankruptcy,

duress,

estoppel,

failure of consideration,

fraud,

illegality,

injury by fellow servant,

laches,

license,

payment,

release,

res judicata,

statute of frauds,

statute of limitations,

waiver,

and any other matter constituting an avoidance or affirmative defense.

When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.

(d) Effect of Failure To Deny.

Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading.

Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.

(e) Pleading to be Concise and Direct; Consistency.

(1) Each averment of a pleading shall be simple, concise, and direct.

No technical forms of pleading or motions are required.

(2) A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses.

When two or more statements are made in the alternative and one of them if made independently would be sufficient,

the pleading is not made insufficient by the insufficiency of one or more of the alternative statements.

A party may also state as many separate claims or defenses as the party has regardless of consistency and whether based on legal, equitable, or maritime grounds.

All statements shall be made subject to the obligations set forth in Rule 11.
http://www.lexisnexis.com/lawschool/.../frcp02.htm#11

(f) Construction of Pleadings.

All pleadings shall be so construed as to do substantial justice.

Defense. . . . reason in law or fact why the plaintiff should not recover or establish what he seeks . .

. to diminish plaintiff's cause of action or defeat recovery

. . . with respect to a commercial instrument of which a holder in due course takes free, "defense" means a legally recognized basis for avoiding liability either on the instrument itself or on the obligation underlying the instrument. .

. . . defenses may be raised by motion as well as by answer (Rule 12(b) HERE )

FRCP Rule 12.(b)

(b) How Presented.

Every defense,

in law or fact,

to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim,

shall be asserted in the responsive pleading thereto if one is required,

except that the following defenses may at the option of the pleader be made by motion:

(1) lack of jurisdiction over the subject matter,

(2) lack of jurisdiction over the person,

(3) improper venue,

(4) insufficiency of process,

(5) insufficiency of service of process,

(6) failure to state a claim upon which relief can be granted,

(7) failure to join a party under Rule 19.
http://www.lexisnexis.com/lawschool/.../frcp02.htm#19

If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading,

the adverse party may assert at the trial any defense in law or fact to that claim for relief.

If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted,

matters outside the pleading are presented to and not excluded by the court,

the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56. (See above or use link)
http://www.lexisnexis.com/lawschool/.../frcp04.htm#56

and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56]

[(cont.) …defenses may be raised by motion as well as by answer ,]…while others must be pleaded affirmatively. (Rule 8(c) HERE ) & Rule 9 HERE )

FRCP Rule 8.(c)

(c) Affirmative Defenses.

In pleading to a preceding pleading, a party shall set forth affirmatively

accord and satisfaction,

arbitration and award,

assumption of risk,

contributory negligence,

discharge in bankruptcy,

duress,

estoppel,

failure of consideration,

fraud,

illegality,

injury by fellow servant,

laches,

license,

payment,

release,

res judicata,

statute of frauds,

statute of limitations,

waiver,

and any other matter constituting an avoidance or affirmative defense.

When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense,

the court on terms, if justice so requires,

shall treat the pleading as if there had been a proper designation.”

FRCP Rule 9. Pleading Special Matters

(a) Capacity.

It is not necessary to aver the capacity of a party to sue or be sued

or the authority of a party to sue or be sued in a representative capacity

or the legal existence of an organized association of persons that is made a party,

except to the extent required to show the jurisdiction of the court.

When a party desires to raise an issue as to the legal existence of any party

or the capacity of any party to sue or be sued

or the authority of a party to sue or be sued in a representative capacity,

the party desiring to raise the issue shall do so by specific negative averment,

which shall include such supporting particulars as are peculiarly within the pleader s knowledge.

(b) Fraud, Mistake, Condition of the Mind.

In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity.

Malice, intent, knowledge, and other condition of mind of a person may be averred generally.

(c) Conditions Precedent.

In pleading the performance or occurrence of conditions precedent,

it is sufficient to aver generally that all conditions precedent have been performed or have occurred.

A denial of performance or occurrence shall be made specifically and with particularity.

(d) Official Document or Act.

In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law.

(e) Judgment.

In pleading a judgment or decision of a domestic or foreign court,

judicial or quasi-judicial tribunal,

or of a board or officer,

it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.

(f) Time and Place.

For the purpose of testing the sufficiency of a pleading,

averments of time and place are material

and shall be considered like all other averments of material matter.

(g) Special Damage.

When items of special damage are claimed, they shall be specifically stated.

(h) Admiralty and Maritime Claims.

A pleading or count setting forth a claim for relief within the admiralty and maritime jurisdiction

that is also within the jurisdiction of the district court on some other ground

may contain a statement identifying the claim as an admiralty or maritime claim for the purposes of Rules 14(c), 38(e), 82,

and the Supplemental Rules for Certain Admiralty and Maritime Claims.

If the claim is cognizable only in admiralty,

it is an admiralty or maritime claim for those purposes whether so identified or not.

The amendment of a pleading to add or withdraw an identifying statement is governed by the principles of Rule 15.
http://www.lexisnexis.com/lawschool/.../frcp02.htm#15

A case that includes an admiralty or maritime claim within this subdivision is an admiralty case within 28 U.S.C. § 1292 (a)(3).
http://www4.law.cornell.edu/uscode/h...2----000-.html

Affirmative Defense:

In pleading, matter asserted by the defendant which, assuming the complaint to be true, constitutes a defense to it . . .

attacks the plaintiff's legal right to bring an action ,

as OPPOSED to attacking the truth of the claim. . . .

affirmative defenses MUST be raised in the responsive pleading (answer);

such defenses are listed in Rule 8(c) HERE.

FRCP Rule 8.(c)

(c) Affirmative Defenses.

In pleading to a preceding pleading, a party shall set forth affirmatively

accord and satisfaction,

arbitration and award,

assumption of risk,

contributory negligence,

discharge in bankruptcy,

duress,

estoppel,

failure of consideration,

fraud,

illegality,

injury by fellow servant,

laches,

license,

payment,

release,

res judicata,

statute of frauds,

statute of limitations,

waiver,

and any other matter constituting an avoidance or affirmative defense.

When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense,

the court on terms, if justice so requires,

shall treat the pleading as if there had been a proper designation.

Equitable Defense . . . With the merger of law and equity,

equitable defenses can be raised

along with legal defenses

in the same action. (Rule 8( HERE )

Rule 8. General Rules of Pleading

(a) Claims for Relief.

A pleading which sets forth a claim for relief,

whether an original claim, counterclaim, cross-claim, or third-party claim,

shall contain

(1) a short and plain statement of the grounds upon which the court's jurisdiction depends,

unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it,

(2) a short and plain statement of the claim showing that the pleader is entitled to relief, and

(3) a demand for judgment for the relief the pleader seeks.

Relief in the alternative or of several different types may be demanded.

(b) Defenses; Form of Denials.

A party shall state in short and plain terms the party's defenses to each claim asserted

and shall admit or deny the averments upon which the adverse party relies.

If a party is without knowledge or information sufficient to form a belief as to the truth of an averment,

the party shall so state and this has the effect of a denial.

Denials shall fairly meet the substance of the averments denied.

When a pleader intends in good faith to deny only a part or a qualification of an averment,

the pleader shall specify so much of it as is true and material and shall deny only the remainder.

Unless the pleader intends in good faith to controvert all the averments of the preceding pleading,

the pleader may make denials as specific denials of designated averments or paragraphs

or may generally deny all the averments

except such designated averments or paragraphs as the pleader expressly admits;

but, when the pleader does so intend to controvert all its averments,

including averments of the grounds upon which the court's jurisdiction depends,

the pleader may do so by general denial subject to the obligations set forth in Rule 11.
http://www.lexisnexis.com/lawschool/.../frcp02.htm#11
(c) Affirmative Defenses.

In pleading to a preceding pleading,

a party shall set forth affirmatively

accord and satisfaction,

arbitration and award,

assumption of risk,

contributory negligence,

discharge in bankruptcy,

duress,

estoppel,

failure of consideration,

fraud,

illegality,

injury by fellow servant,

laches,

license,

payment,

release,

res judicata,

statute of frauds,

statute of limitations,

waiver,

and any other matter constituting an avoidance or affirmative defense.

When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense,

the court on terms, if justice so requires,

shall treat the pleading as if there had been a proper designation.

(d) Effect of Failure To Deny.

Averments in a pleading to which a responsive pleading is required,

other than those as to the amount of damage,

are admitted when not denied in the responsive pleading.

Averments in a pleading

to which no responsive pleading is required or permitted

shall be taken as denied or avoided.

(e) Pleading to be Concise and Direct; Consistency.

(1) Each averment of a pleading shall be simple, concise, and direct.

No technical forms of pleading or motions are required.

(2) A party may set forth two or more statements of a claim or defense alternately or hypothetically,

either in one count or defense or in separate counts or defenses.

When two or more statements are made in the alternative and one of them if made independently would be sufficient,

the pleading is not made insufficient by the insufficiency of one or more of the alternative statements.

A party may also state as many separate claims or defenses as the party has regardless of consistency and whether based on legal, equitable, or maritime grounds.

All statements shall be made subject to the obligations set forth in Rule 11.
http://www.lexisnexis.com/lawschool/.../frcp02.htm#11

(f) Construction of Pleadings.

All pleadings shall be so construed as to do substantial justice.”



Justification. A maintaining or showing a sufficient reason IN COURT why the defendant did what he is called upon to answer.

Denial. must be specific and directed at the particular allegations . . .

in part ( i.e., specific denial)

or in whole ( i.e., general denial) . . .

should be specific And meet the substance of the averments denied. (Rule 8(b) HERE )

FRCP Rule 8.(b)

(b) Defenses; Form of Denials.

A party shall state in short and plain terms

the party's defenses to each claim asserted

and shall admit or deny the averments upon which the adverse party relies.

If a party is without knowledge or information sufficient to form a belief as to the truth of an averment,

the party shall so state and this has the effect of a denial.

Denials shall fairly meet the substance of the averments denied.

When a pleader intends in good faith to deny only a part or a qualification of an averment,

the pleader shall specify so much of it as is true and material and shall deny only the remainder.

Unless the pleader intends in good faith to controvert all the averments of the preceding pleading,

the pleader may make denials as specific denials of designated averments or paragraphs

or may generally deny all the averments

except such designated averments or paragraphs as the pleader expressly admits;

but, when the pleader does so intend to controvert all its averments,

including averments of the grounds upon which the court's jurisdiction depends,

the pleader may do so by general denial subject to the obligations set forth in Rule 11.
http://www.lexisnexis.com/lawschool/.../frcp02.htm#11

[[General . . . puts in issue all the material avertments of the complaint or petition,

and permits the defendant to prove any and all facts tending to negative those avertments or any of them. . .

gives defendant same right to require the plaintiff to establish by proof all the material facts necessary to show his right to a recovery as was given by that plea.

Specific . . . applicable to one particular allegation of the complaint.

Negative Averment, Opposed to the simple denial of an affirmative allegation . . .

IS an allegation of some SUBSTANTITIVE FACT , e.g., that premises are not in repair,

which, although negative in form,

is really affirmative in substance,

and the party alleging the fact of non-repair must prove it.]]

Supplemental Pleading, consisting of facts arising since filing of the original. (Rule 15(d) HERE )

FRCP Rule 15(d)

(d) Supplemental Pleadings.

Upon motion of a party the court may,

upon reasonable notice and upon such terms as are just,

permit the party to serve a supplemental pleading

setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented.

Permission may be granted even though the original pleading is defective in its statements of a claim for relief or defense.

If the court deems it advisable that the adverse party plead to the supplemental pleading, it shall so order, specifying the time therefor.

Amendment Practice and Pleading. The CORRECTION of an ERROR committed in any process . . .

as of course,

or by the consent of parties,

or upon motion to the court in which the proceeding is pending . . .

any change in pleadings,

which a party may accomplish once

as a matter of course

at any time BEFORE a responsive pleading has been served. (Rule 15(a) HERE )

FRCP Rule 15. Amended and Supplemental Pleadings

(a) Amendments.

A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or,

if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar,

the party may so amend it at any time within 20 days after it is served.

Otherwise a party may amend the party's pleading only by leave of court or by written consent of justice so requires.

A party shall plead in response to an amended pleading within the time remaining for response to the original pleading

or within 10 days after service of the amended pleading,

whichever period may be the longer,

unless the court otherwise orders.

May be necessary to cause pleadings to conform to evidence (Rule 15(b) HERE )

FRCP Rule 15(b)

(b) Amendments to Conform to the Evidence.

When issues not raised by the pleadings are tried by express or implied consent of the parties,

they shall be treated in all respects as if they had been raised in the pleadings.

Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues

may be made upon motion of any party at any time,

even after judgment;

but failure so to amend does not affect the result of the trial of these issues.

If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings,

the court may allow the pleadings to be amended

and shall do so freely when the presentation of the merits of the action will be subserved thereby

and the objecting party fails to satisfy the court that the admission of such evidence would prejudice the party in maintaining the party's action or defense upon the merits.

The court may grant a continuance to enable the objecting party to meet such evidence.

Amendment relates back to the original pleading if the subject of it arose out of the transaction set forth or attempted to be set forth in the original pleading. (Rule 15(c) HERE )

FRCP Rule 15. (c)

(c) Relation Back to Amendments.

An amendment of a pleading relates back to the date of the original pleading when

(1) relation back is permitted by the law that provides the statute of limitations applicable to the action, or

(2) the claim or defense asserted in the amended pleading arose out of the

conduct,

transaction,

or occurrence

set forth or attempted to be set forth in the original pleading, or

(3) the amendment changes the party

or the naming of the party

against whom a claim is asserted

if the foregoing provision (2) is satisfied and,

within the period provided by Rule 4(m) for service of the summons and complaint,

the party to be brought in by amendment:

(A) has received such notice of the institution of the action that the party will not be prejudiced in maintaining a defense on the merits, and

(B) knew or should have known that,

but for a mistake concerning the identity of the proper party,

the action would have been brought against the party.

The delivery or mailing of process to the United States Attorney, or United States attorney's designee, or the Attorney General of the United States,

or an agency or officer who would have been a proper defendant if named,

satisfies the requirement of subparagraphs (A) and (B) of this paragraph (3) with respect to the United States or any agency or officer thereof to be brought into the action as a defendant.

Supplemental Pleading. consisting of facts arising since filing of the original. (Rule 15(d) HERE )

FRCP Rule 15.(d)

(d) Supplemental Pleadings.

Upon motion of a party the court may,

upon reasonable notice and upon such terms as are just,

permit the party to serve a supplemental pleading setting forth

transactions

or occurrences

or events

which have happened since the date of the pleading sought to be supplemented.

Permission may be granted even though the original pleading is defective in its statements of a claim for relief or defense.

If the court deems it advisable that the adverse party plead to the supplemental pleading, it shall so order, specifying the time therefor.

Following the Answer, what's next in a lawsuit?

Discovery

[Following the defendant's answer, this is the MOST IMPORTANTstage of any lawsuit PRECEDING TRIAL because both sides need to make a record of the truth after the defense has answered.

Without a recording of the facts, how can one expect to win?]

(Black's 6th)
Discovery. The ASCERTAINMENT of that which was previously UNKNOWN ;

DISCLOSURE . . . of what was PREVIOUSLY HIDDEN ;

ACQUISITION of NOTICE or KNOWLEDGE of given ACTS or FACTS

Trial Practice. The PRE-TRIAL devices . . . to OBTAIN FACTS & INFORMATION from the other party to assist in the OTHER PARTY"S PREPARATION for trial.

Under Federal Rules of Civil Procedure, tools for discovery ( in order of importance-NOT LISTED IN BLACK"S by the way) include :

1. Request for Admission

Written statement of facts concerning the case which are submitted to an adverse party

and which that party is required to admit or deny;

those STATEMENTS which are ADMITTED will be TREATED BY the COURT as having BEEN ESTABLISHED

and NEED NOT be PROVED at trial. (Rule 36 HERE )

FRCP Rule 36. Requests for Admission

(a) Request for Admission.

A party may serve upon any other party a written request for the admission,

for purposes of the pending action only,

of the truth of any matters within the scope of Rule 26(b)(1) set forth in the request

that relate to

statements or opinions of fact

or of the application of law to fact,

including the genuineness of any documents described in the request.

Copies of documents shall be served with the request

unless they have been or are otherwise furnished or made available for inspection and copying.

Without leave of court or written stipulation, requests for admission may not be served before the time specified in Rule 26(d).

Each matter of which an admission is requested shall be separately set forth.

The matter is admitted unless, within 30 days after service of the request,

or within such shorter or longer time as the court may allow or as the parties may agree to in writing, subject to Rule 29,

the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter,

signed by the party or by the party's attorney.

If objection is made, the reasons therefor shall be stated.

The answer shall specifically deny the matter

or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter.

A denial shall fairly meet the substance of the requested admission,

and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested,

the party shall specify so much of it as is true and qualify or deny the remainder.

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny

unless the party states that the party has made reasonable inquiry

and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny.

A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not,

on that ground alone,

object to the request;

the party may, subject to the provisions of Rule 37(c),

deny the matter or set forth reasons why the party cannot admit or deny it.

The party who has requested the admissions may move to determine the sufficiency of the answers or objections.

Unless the court determines that an objection is justified,

it shall order that an answer be served.

If the court determines that an answer does not comply with the requirements of this rule,

it may order either that the matter is admitted or that an amended answer be served.

The court may,

in lieu of these orders,

determine that final disposition of the request be made at a pre-trial conference

or at a designated time prior to trial.

The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.

(b) Effect of Admission.

Any matter admitted under this rule is conclusively established

unless the court on motion permits withdrawal or amendment of the admission.

Subject to the provision of Rule 16 governing amendment of a pre-trial order,
http://www.lexisnexis.com/lawschool/.../frcp02.htm#16

the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby

and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits.

Any admission made by a party under this rule is for the purpose of the pending action only

and is not an admission for any other purpose

nor may it be used against the party in any other proceeding.

2. Request for Production (No Black's definition here), but ALWAYS REQUEST to see [to have produced] ORIGINAL DOCUMENTS or THINGS, because you have THE RIGHT to them and to make copies of them. DEMAND your RIGHT to see [have produced] ORIGINALS! ( Kinda like the VoD, huh?) (Rule 34 HERE )

FRCP Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes

(a) Scope. Any party may serve on any other party a request

(1) to produce and permit the party making the request,

or someone acting on the requestor's behalf,

to inspect and copy, any designated documents

(including writings, drawings, graphs, charts, photographs, phonorecords, and other data compilations

from which information can be obtained,
translated, if necessary,

by the respondent through detection devices into reasonably usable form),

or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of Rule 26(b)

and which are in the possession, custody or control of the party upon whom the request is served; or

(2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served

for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26(b).

(b) Procedure. The request shall set forth, either by individual item or by category,

the items to be inspected,

and describe each with reasonable particularity.

The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts.

Without leave of court or written stipulation, a request may not be served before the time specified in Rule 26(d).

The party upon whom the request is served shall serve a written response within 30 days after the service of the request.

A shorter or longer time may be directed by the court or, in the absence of such an order, agreed to in writing by the parties, subject to Rule 29.

The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested,

unless the request is objected to, in which event the reasons for the objection shall be stated.

If objection is made to part of an item or category, the part shall be specified and inspection permitted of the remaining parts.

The party submitting the request may move for an order under Rule 37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested.

A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.

(c) Persons Not Parties. A person not a party to the action may be compelled to produce documents and things or to submit to an inspection as provided in Rule 45.
http://www.lexisnexis.com/lawschool/.../frcp04.htm#45

3. Interrogatories . . . WRITTEN questions . . .purpose of being propounded(new word, dude) to a party, witness, etc . . . having information of interest in the case. . . . ANSWERS to the interrogatories are usually given UNDER OATHi.e., . . . SIGNS a sworn STATEMENT that the answers are true. (Rule 33 HERE )

FRCP Rule 33. Interrogatories to Parties

(a) Availability. Without leave of court or written stipulation,

any party may serve upon any other party written interrogatories,

not exceeding 25 in number including all discrete subparts,

to be answered by the party served or,

if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent,

who shall furnish such information as is available to the party.

Leave to serve additional interrogatories shall be granted to the extent consistent with the principles of Rule 26(b)(2).

Without leave of court or written stipulation, interrogatories may not be served before the time specified in Rule 26(d).

(b) Answers and Objections.

(1) Each interrogatory shall be answered separately and fully in writing under oath,

unless it is objected to,

in which event the objecting party shall state the reasons for objection and shall answer to the extent the interrogatory is not objectionable.

(2) The answers are to be signed by the person making them, and the objections signed by the attorney making them.

(3) The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories.

A shorter or longer time may be directed by the court or, in the absence of such an order, agreed to in writing by the parties subject to Rule 29.
http://www.lexisnexis.com/lawschool/.../frcp03.htm#29

(4) All grounds for an objection to an interrogatory shall be stated with specificity.

Any ground not stated in a timely objection is waived

unless the party's failure to object is excused by the court

for good cause shown.

(5) The party submitting the interrogatories may move for an order under Rule 37(a),
http://www.lexisnexis.com/lawschool/.../frcp03.htm#37

with respect to any objection to or other failure to answer an interrogatory.

(c) Scope; Use at Trial. Interrogatories may relate to any matters which can be inquired into under Rule 26(b)(1),

and the answers may be used to the extent permitted by the rules of evidence.

An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact,

but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pre-trial conference or other later time.

(d) Option to Produce Business Records. Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served

or from an examination, audit or inspection of such business records,

including a compilation, abstract or summary thereof,

and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served,

it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained

and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records

and to make copies, compilations, abstracts or summaries.

A specification shall be in sufficient detail to permit the interrogating party to locate and to identify,

as readily as can the party served,

the records from which the answer may be ascertained.

The court may submit to the jury . . . for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. (Rule 49 HERE ) - Can we move the court to do this?

FRCP Rule 49. Special Verdicts and Interrogatories

(a) Special Verdicts. The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact.

In that event the court may submit to the jury written questions susceptible of categorical or other brief answer

or may submit written forms of the several special findings which might properly be made under the pleadings and evidence;

or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate.

The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue.

If in so doing the court omits any issue of fact raised by the pleadings or by the evidence,

each party waives the right to a trial by jury of the issue so omitted unless before the jury retires the party demands its submission to the jury.

As to an issue omitted without such demand the court may make a finding;

or, if it fails to do so,

it shall be deemed to have made a finding in accord with the judgment on the special verdict.

(b) General Verdict Accompanied by Answer to Interrogatories. The court may submit to the jury, together with appropriate forms for a general verdict,

written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict.

The court shall give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict,

and the court shall direct the jury both to make written answers and to render a general verdict.

When the general verdict and the answers are harmonious, the appropriate judgment upon the verdict and answers shall be entered pursuant to Rule 58.
http://www.lexisnexis.com/lawschool/.../frcp04.htm#58

When the answers are consistent with each other but one or more is inconsistent with the general verdict,

judgment may be entered pursuant to Rule 58 in accordance with the answers,

notwithstanding the general verdict,

or the court may return the jury for further consideration of its answers and verdict or may order a new trial.

When the answers are inconsistent with each other

and one or more is likewise inconsistent with the general verdict,

judgment shall not be entered,

but the court shall return the jury for further consideration of its answers and verdict

or shall order a new trial.

4. Depositions ( Generally, FRCP 27-32) . . . one party (through his or her attorney) asks oral questions . . . conducted UNDER OATH outside the courtroom . . . transcript is made . . . Testimony of witness, taken in writing, under oath or affirmation, before some judicial officer in answer to questions or interrogatories. (Rule 26 HERE)

V. DEPOSITIONS AND DISCOVERY

FRCP Rule 26. General Provisions Governing Discovery; Duty of Disclosure

(a) Required Disclosures; Methods to Discover Additional Matter.

(1) Initial Disclosures. Except in categories of proceedings specified in Rule 26(a)(1)(E),

or to the extent otherwise stipulated or directed by order,

a party must,

without awaiting a discovery request,

provide to other parties:

(A) the name and, if known,

the address and telephone number

of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses,

unless solely for impeachment,

identifying the subjects of the information;

(B) a copy of,

or a description by category and location of,

all documents, data compilations, and tangible things

that are in the possession, custody, or control of the party

and that the disclosing party may use to support its claims or defenses,

unless solely for impeachment;

(C) a computation of any category of damages claimed by the disclosing party,

making available for inspection and copying as under Rule 34
http://www.lexisnexis.com/lawschool/.../frcp03.htm#34

the documents or other evidentiary material, not privileged or protected from disclosure,

on which such computation is based,

including materials bearing on the nature and extent of injuries suffered; and

(D) for inspection and copying as under Rule 34

any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment

which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

(E) The following categories of proceedings are exempt from initial disclosure under Rule 26(a)(1) :

(i) an action for review on an administrative record;

(ii) a petition for habeas corpus or other proceeding to challenge a criminal conviction or sentence;

(iii) an action brought without counsel by a person in custody of the United States, a state, or a state subdivision;

(iv) an