1 / 12

CIVIL PROCEDURE FALL 2005 SECTIONS C & F

CIVIL PROCEDURE FALL 2005 SECTIONS C & F. CLASS 9 September 12, 2005. WRAP-UP. You should know when a civil action is commenced and why it matters (Rule 3) We learned what a pleading is (Rule 7(a)) and the various types of pleadings in civil actions

elita
Download Presentation

CIVIL PROCEDURE FALL 2005 SECTIONS C & F

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. CIVIL PROCEDURE FALL 2005SECTIONS C & F CLASS 9 September 12, 2005

  2. WRAP-UP • You should know when a civil action is commenced and why it matters (Rule 3) • We learned what a pleading is (Rule 7(a)) and the various types of pleadings in civil actions • You should understand the purposes of pleading • You should understand the concept of notice pleading and be familiar with the requirements of FRCP 8(a)

  3. FRCP : standard for pleading • Notice Pleading - a liberal standard • Conley v. Gibson: “In appraising the sufficiency of the complaint, we follow, of course, the accepted rule that a complaint shall not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief.” • 12(b)(6) motions: difficult to succeed

  4. Other pleading rules • alternative pleading • Rule 8(e) • Construction of pleadings • Rule 8(f)

  5. Form of Pleadings • Rule 10 sets out formal requirements • Caption listing name of court, title of action, docket number • Separate numbered paragraphs for claims and defenses • Can adopt earlier paragraphs by reference • Exhibits can be attached to pleading

  6. SERVICE OF PROCESS • WHAT IS SERVICE OF PROCESS? • -- delivery of the initial notice to a D of the filing of a lawsuit against him • WHAT IS THE PURPOSE OF SERVICE? • To comply with DUE PROCESS OF LAW and NOTIFY a D that he has been sued

  7. D’s options after service • Ignore service (judgment in default) • Validly serve answer within time limits of under Rule 12(a)(1) • Move to dismiss under Rule 12(b)

  8. Requirements for Service of Process • When? • What? • Who? • How?

  9. Requirements for Service of Process • When? • FRCP 4(m)

  10. Requirements for Service of Process • What? • FRCP 4(a), 4(b), 4(c)(1)

  11. Requirements for Service of Process • Who? • FRCP 4(c)(2) • How?

  12. SERVICE ON INDIVIDUALS IN U.S. (NOT INFANTS, INCOMPETENTS) FRCP 4(e) • PERSONAL SERVICE • LEFT AT DWELLING HOUSE w/ PERSON OF “SUITABLE AGE AND DISCRETION” • DELIVERY TO AGENT APPOINTED TO RECEIVE SERVICE- e.g. attorney (if authorized) • IN A WAY SPECIFICALLY AUTHORIZED BY APPLICABLE FEDERAL LAW • IN A WAY SPECIFICALLY AUTHORIZED BY STATE LAW WHERE DISTRICT COURT SITS OR WHERE SERVICE WILL TAKE PLACE - e.g. service at place of business • WAIVER OF SERVICE

More Related