womenandlaw_pleading_and_civil_procedure_expanded_outline

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womenandlaw_pleading_and_civil_procedure_expanded_outline

Pleading and Civil Procedure Expanded OutlineMtn.for summaryMtn for12(b)(6)judgmentd.v.mtn fortĨtjnov new triali n 1discovery A Trialn1jury ftc Aprese

womenandlaw_pleading_and_civil_procedure_expanded_outlineerveobjection to jun instructionI.FRCP 7: Pleadings/Mlowed; Form of Motionsa.Pleadings (a)I.ComplaintI.Sets forth factual avermentsii. AnswerI.May adv

ance a counterclaim against nHi. Court may order a Reply to an AnswerI.Usually ordered by court when an answer asserts new facts/V. Reply to a Counter womenandlaw_pleading_and_civil_procedure_expanded_outline

claim1Counterclaim from A to n2Reply automatic if counterclaim assertedV. Answer to a Cross-claimI.Cross-claim from A to A or from n to nV/. Third-par

womenandlaw_pleading_and_civil_procedure_expanded_outline

ty complaintI.If a person who was not an original party is summoned under Rule 14vtl. Third-party answerI.Court may order only if a Third-party compla

Pleading and Civil Procedure Expanded OutlineMtn.for summaryMtn for12(b)(6)judgmentd.v.mtn fortĨtjnov new triali n 1discovery A Trialn1jury ftc Aprese

womenandlaw_pleading_and_civil_procedure_expanded_outlinegrounds therefore and the relief or order sought (1)1Writing not necessary if motion made during a hearing or trial (1)2Motions as a mechanism for tes

ting a claima.Motion to dismiss - challenge the legal basis of the claim (even if facts are true)b.Motion for Summary Judgment - evidence is clear tha womenandlaw_pleading_and_civil_procedure_expanded_outline

t a jury would find one wayit. Forms of pleading apply to motions (2)Hi. Motions must be signed per Rule 11 (3)c.Demurrers, Pleas, etc. Abolished (c)I

womenandlaw_pleading_and_civil_procedure_expanded_outline

. Demurrers, pleas, and exceptions for insufficiency of pleading shall not be usedII.Pleadingsa.Purpose

Pleading and Civil Procedure Expanded OutlineMtn.for summaryMtn for12(b)(6)judgmentd.v.mtn fortĨtjnov new triali n 1discovery A Trialn1jury ftc Aprese