FRCP Rules from quizlet

Rule 4. Summons. (a) Contents; Amendments.

(1) Contents. A summons must:
(2) Amendments. The court may permit a summons to be amended.

Rule 4. Summons. (a)(1) Contents. A summons must:
(A) name the court and the parties;
(B) be directed to the DF;
(C) state the name and address of the PL's attorney or—if unrepresented—of the PL;
(D) state the time within which the DF must appear and defend;
(E) notify the defendant that a failure to appear and defend will result in a default judgment against the DF for the relief demanded in the complaint;
(F) be signed by the clerk; and
(G) bear the court's seal.

Rule 4. Summons. (b) Issuance.
• On or after filing the complaint, the PL may present a summons to the clerk for signature and seal.
• If the summons is properly completed, the clerk must sign, seal, and issue it to the PL for service on the DF. A summons—or a copy of a summons that is addressed to multiple DFs—must be issued for each DF to be served.

Rule 4. Summons (c) Service

Rule 4. Summons. (c)(1) In General.
• A summons must be served with a copy of the complaint.
• PL is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies tot he person who makes service.

Rule 4. Summons. (c)(2) By Whom.
• Any person who is at least 18 years old and not a party may serve a summons and complaint.

Rule 4. Summons. (c)(3) By a Marshal or Somone Specially Appointed.
• At the PL's request, the court may order that service be made by a U.S. marshal or deputy marshal or by a person specially apointed by the court.
• The court must so order if the PL is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916.

Rule 4. Summons. 4(d) Waiving Service.

Rule 4. Summons. (d)(1) Requesting a Waiver.
• An individual, corporation, or association that is subject to service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons.
• PL may notify DF that an action has been commenced and request they waive service.

• The notice and request must:
• (A) be in writing and addressed.
• (B) name the court where complaint was filed;
• (C) be accompanied by a copy of the complaint, 2 copies of the waiver form appended to Rule 4, and prepaid means;
• (D) inform the DF, using the form appended to Rule 4, of the consequences of waiving and not waiving service;
• (E) state the date when sent;
• (F) give the DF a reasonable time of at least 30 days after the request was sent—or at least 60 days if sent to DF outside any judicial district of the U.S. to return the waiver; and
• (G) be sent by first-class mail or other reliable means.

Rule 4. Summons.(d)(1)(A). The notice and request must:

(A) be in writing and be addressed:
• (i) to the individual DF; or
• (ii) for DF subject to service under Rule 4(h), to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process;

Rule 6. Computing and Extending Time; Time for Motion Papers

Rule 6. Computing & Extending Time; Time for Motion Papers
(a) Computing Time.

• The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that doesn't specify a method of computing time.

Rule 6. Computing and Extending Time; Time for Motion Papers.

(b). Extending Time.

Rule 6. Computing and Extending Time; Time for Motion Papers. (b)(1) In General.
When an act may or must be done within a specific time, the court may, for good cause, extend the time:
(A) With or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires;
(B) On motion made after the time has expired if the party failed to act because of excusable neglect.

Rule 6. Computing and Extending Time; Time for Motion Papers. (b)(2) Exceptions.
A court must not extend the time to act under rules 50(b) and (d), 52(b), 59(b),(d),and(e), and 60(b).

Rule 6. Computing and Extending Time; Time for Motion Papers. (c) Motions, Notices of Hearings, and Affidavits.
(1) In General.
(2) Supporting Affidavit.

Rule 6. Computing and Extending Time; Time for Motion Papers.
(c)(1). In General. A written motion and notice of the hearing must be served at least 14 days before the time specified for the hearing, with the following exceptions:
(A) when the motion may be heard ex parte;
(B) when these rules set a different time; or
(C) when a court order - which a party may, for good cause, apply for ex parte - sets a different time.

Rule 6. Computing and Extending Time; Time for Motion Papers. (c)(2) Supporting Affidavit.
• Any affidavit supporting a motion must be serve with the motion. Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 7 days before the hearing, unless the court permits service at another time.

Rule 6. Computing and Extending Time; Time for Motion Papers. (d) Additional Time After Certain Kinds of Service.
• When a party may or must act within a specified time after being served and service is made under Rule 5(b)(2)(C) (mail), (D) (leaving with the clerk), or (F) (other means consented to), 3 days are added after the period would otherwise expier rule Rule 6(a).

Rule 7. Pleadings Allowed; Forms of Motions and other Papers.

Rule 7. Pleadings Allowed; Forms of Motions and other Papers.

(a) Pleadings. Only these pleadings are allowed:
(1) a complaint;
(2) an answer to a complaint;
(3) an answer to a counterclaim designated as a counterclaim;
(4) an answer to a crossclaim
(5) a third-party complaint
(6) an answer to a third-party complaint; and
(7) if the court orders one, a reply to an answer.

Rule 7. Pleadings Allowed; Forms of Motions and Other Papers.

(b) Motions and Other Papers.
(1) In General. A request for a court order must be made by motion. The motion must:
(A) Be in writing unless made during a hearing or trial;
(B) state with particularity the grounds for seeking the order; and
(C) state the relief sought.
(2) Form. The rules governing captions and other matters of form in pleadings apply to motions and other papers.

Rule 8. General Rules of Pleading.

(a) Claim for Relief. A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;
(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and
(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

Rule 8. General Rules of Pleading. (b) Defenses; Admissions and Denials.

(1) In General. In responding to a pleading, a party must...
(2) Denials
(3) General and Specific Denials.
(4) Denying Part of an Allegation.
(5) Lacking Knowledge or Information
(6) Effect of Failign to Deny.

Rule 8. General Rules of Pleading. (b) Defenses; Admissions and Denials.
(1) In General. In responding to a pleading, a party must:
(A) state in short and plain terms its defenses to each claim asserted against it; and
(B) admit or deny the allegations asserted against it by an opposing party

Rule 8. General Rules of Pleading. (b) Defenses; Admissions and Denials.
(2) Denials--Responding to the Substance. A denial must fairly respond to the substance of the allegation.

Rule 8. General Rules of Pleading. (b) Defenses; Admissions and Denials.
(3) General and Specific Denials.
• A party that intends in good faith to deny all the allegations of a pleading--including the jurisdictional grounds--may do so by a general denial.
• A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.

Rule 8. General Rules of Pleading. (b) Defenses; Admissions and Denials.
(4) Denying Part of an Allegation.
• A party that intends in good faith to deny only party of an allegation must admit the part that is true and deny the rest.

Rule 8. General Rules of Pleading. (b) Defenses; Admissions and Denials.
(5) Lacking Knowledge or Information.
• A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.

Rule 8. General Rules of Pleading. (b) Defenses; Admissions and Denials.

(6) Effect of Failing to Deny.
• An allegation--other than the one relating to the amount of damages--is admitted if a responsive pleading is required and the allegation is not denied.
• If a responsive pleading is not required, an allegation is considered denied or avoided.

Rule 8. General Rules of Pleading. (b) Defenses; Admissions and Denials.
(c) Affirmative Defenses.

Rule 8. General Rules of Pleading. (b) Defenses; Admissions and Denials.
(c)(1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:
- accord and satisfaction;
- arbitration and award;
- contributory negligence
-duress
- estoppel
- failure of consideration;
- fraud;
- illegality;
- injury by fellow servant;
- laches
- license;
- payment;
- release;
- res judicata;
- statute of fraud;
- statute of limitations; and
- waiver

(c)(2) Mistaken Designation.

• If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court must, if justice requires, treat the pleading as though it were correctly designation, and may impose terms for doing so.

Rule 8. General Rules of Pleading. (b) Defenses; Admissions and Denials.
(d) Pleading to Be Concise and Direct; Alternative Statements; Inconsistency.

Rule 8. General Rules of Pleading. (b) Defenses; Admissions and Denials.
(d)(1) In General.
• Each allegation must be simple, concise, and direct. No technical form is required.

Rule 8. General Rules of Pleading. (b) Defenses; Admissions and Denials.
(d)(2) Alternative Statements of a Claim or Defense.
• A party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones.
• If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.

Rule 8. General Rules of Pleading. (b) Defenses; Admissions and Denials.
(d)(3) Inconsistent Claims or Defenses.
• A party may state as many separate claims or defenses as it has, regardless of consistency.

Rule 9. Pleading Special Matters.
(a) Capacity or Authority to Sue; Legal Existence

Rule 9. Pleading Special Matters.

(a)(1) In General. Except when required to show that the court has jurisdiction, a pleading need not allege:
(A) a party's capacity to sue or be sued;
(B) a party's authority to sue or be sued in a representative capacity or
(C) the legal existence of an organized association of persons that is made a party.

Raising Those Issues. To raise any of those issues, a party must do so by specific denial, which must state any supporting facts that are peculiarly within the party's knowledge.

Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally.

Conditions Precedent. In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed. But when denying that a condition precedent has occurred or been performed, a party must do so with particularity.

Special Damages. If an item of special damage is claimed, it must be specifically stated.

Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name--or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention.

Representations to the Court. By presenting to the court a pleading, written motion, or other paper--whether by signing, filing, submitting, or later advocating it--an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (four following flashcards)

It is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

the claims, defenses, and other legal contentions are warranted by existing law or by a non frivolous argument for extending, modifying, or reversing existing law or for establishing new law;

The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

Sanctions.

In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to prevailing party the reasonable expenses, including attorney's fees, incurred for the motion.

On the Court's Initiative. On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in order has not violated Rule 11(b).

Nature of a Sanction. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include non monetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation.

Limitations on Monetary Sanctions. The court must not impose a monetary sanction:
(A) against a represented party for violating Rule 11(b)(2); or
(B) on its own, unless it issued the show-cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.

Requirements for an Order. An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction.

Inapplicability to Discovery. This rule does not apply to disclosures and discovery requests, responses, objections, and motions under Rules 26 through 37.

Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Time to Serve a Responsive Pleading

In General. Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows: (following flashcards)

A defendant must serve an answer:
(i) within 21 days after being served with the summons and complaint or
(ii) if it has timely waived service under Rule 4(d), within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States.

A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim.

A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time.

United States and Its Agencies, Officers, or Employees Sued in an Official Capacity. The United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney.

United States Officers or Employees Sued in an Individual Capacity. A United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the officer or employee or service on the Unites States attorney, whichever is later.

Effect of a Motion. Unless the court sets a different time, serving a motion under this rule alters these periods as follows:
(A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court's action; or
(B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served.

How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:
(1) lack of subject matter jdx
(2) lack of personal jdx
(3) improper venue
(4) insufficient process;
(5) insufficient service of process;
(6) failure to state a claim upon with relief can be granted; and
(7) failure to join a party under Rule 19.
A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.

Motion for a More Definite Statement. A party may move for a more definite statement of a pleading to which a responsive pleading is allowed by which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more definite statement and the other is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.

Motion to Strike. The court may strike form a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:
(1) on its own; 0r
(2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading.

Joining Motions.
(1) Right to Join. A motion under this rule may be joined with any other motion allowed by this rule.
(2) Limitation on Further Motions. Except as provided in Rule 12(h)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.

Waiving and Preserving Certain Defenses.

When Some Are Waived. A party waives any defense listed in Rule 12(b)(2)-(5) by:
(A) omitting it from a motion in the circumstances described in Rule 12(g)(2); or
(B) failing to either:
(i) make it by motion under this rule; or
(ii) include it in a responsive pleading or in an amendment allowed by Rule 15(a)(1) as a matter of course.

When to Raise Others. Failure to state a claim upon which relief can be granted, to join a person required by Rule 19(b), or to state a legal defense to a claim may be raised:
(A) in any pleading allowed or ordered under Rule 7(a);
(B) by a motion under Rule 12(c); or
(C) at trial.

Lack of Subject-Matter Jurisdiction. If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.

Counterclaim and Crossclaim.

Compulsory Counterclaim.
(1) In General. A pleading must state as a counterclaim any claim that--at the time of its service--the pleader has against any opposing party if the claim:
(A) arises out of the transaction or occurrence that is the subject matter of the opposing party's claim; and
(B) does not require adding another party over whom the court cannot acquire jurisdiction.

Exceptions. The pleader need not state the claim if:
(A) when the action was commenced, the claim was the subject of another pending action; or
(B) the opposing party sued on its claim by attachment or other process that did not establish personal jurisdiction over the pleader on that claim, and the pleader does not assert any counterclaim under this rule.

Permissive Counterclaim. A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.

Relief Sought in a Counterclaim. A counterclaim need not diminish or defeat the recovery sought by the opposing party. It may request relief that exceeds in amount or differs in kind from relief sought by the opposing party.

Joining Additional Parties. Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim.

When a Defending Party May Bring in a Third Party.

Timing of the Summons and Complaint. A defending party may, as a third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff must, by motion, obtain the court's leave if it files the third-party complaint more than 14 days after serving its original answer.

Third-Party Defendant's Claims and Defenses. The person served with the summons and third-party complaint--the "third-party defendant":
(A) must assert any defense against the third-party plaintiff's claim under Rule 12;
(B) must assert any counterclaim against the third-party plaintiff under Rule 13a, and may assert any counterclaim against the third-party plaintiff under Rule 13(b) or any crossclaim against another third-party defendant under Rule 13(g);
(C) may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff's claim; and
(D) may also assert against the plaintiff any claim raising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff.

Plaintiff's Claims Against a Third-Party Defendant. The plaintiff may assert against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The third-party defendant must then assert any defense under Rule 12 and any counterclaim under Rule 13(a), and may assert any counterclaim under Rule 13(b) or any crossclaim under Rule 13(g).

Motion to Strike, Sever, or Try Seperately. Any party may move to strike the third-party claim, to sever it, or to try it separately.

Third-Party Defendant's Claim Against a Nonparty. A third-party defendant may proceed under this rule against a nonparty who is or may be liable to the third-party defendant for all or part of any claim against it.

Third-Party Complaint in Rem. If it is within the admiralty or maritime jurisdiction, a third-party complaint may be in rem. In that event, a reference in this rule to the "summons" include the warrant of arrest, and a reference to the defendant or third-party plaintiff includes, when appropriate, a person who asserts a right under Supplemental Rule C(6)(a)(i) in the property arrested.

When a Plaintiff May Bring in a Third Party. When a claim is asserted against a plaintiff, the plaintiff may bring in a third party if this rule would allow a defendant to do so.

Admiralty or Maritime Claim

Scope of Impleader. If a plaintiff asserts an admiralty or maritime claim under Rule 9(h), the defendant or a person who asserts a right under Supplemental Rule C(6)(a)(i) may, as a third-party plaintiff, bring in a third-party defendant who may be wholly or partly liable--either to the plaintiff or to the third-party plaintiff--for remedy over, contribution, or otherwise on account of the same transaction, occurrence, or series of transactions or occurrences.

Defending Against a Demand for Judgment for the Plaintiff. The third-party plaintiff may demand judgment in the plaintiff's favor against the third-party defendant. In that event, the third-party defendant must defend under Rule 12 against the plaintiff's claim as well as the third-party plaintiff's claim; and the action proceeds as if the plaintiff had sued both the third-party defendant and the third-party plaintiff.

Amendments Before Trial.

Amending as a Matter of Course. A party may amend its pleading once as a matter of course within:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.

Other Amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.

Time to Respond. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.

Amendments During and After Trial.

Based on an Objection at Trial. If, at trial, a party objects that evidence is not within the issues raised in the pleadings, the court may permit the pleadings to be amended. The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party's action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence.

For Issues Tried By Consent. When an issue not raised by the pleadings is tried by the parties' express or implied consent, it must be treated in all respects as if raised in the pleadings. A party may move--at any time, even after judgment--to amend the pleadings to conform them to the evidence and to raise an unleaded issue. But failure to amend does not affect the result of the trial of that issue.

Relation Back of Amendments.

When an Amendment Relates Back. An amendment to a pleading relates back to the date of the original pleading when:
(A) the law that provides the applicable statute of limitations allows relation back;
(B) the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out--or attempted to be set out--in the original pleading; or
(C) the amendment changes the party or the naming the party against whom a claim is asserted, if Rule 15(c)(1)(B) is satisfied and if, within the period provided by Rule 4(m) for serving the summons and complaint, the party to be brought in by amendment:
(i) received such notice the action that it will not be prejudiced in defending on the merits; and
(ii) knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party's identity.

Notice to the United States. When the United States or a United States officer or agency is added as a defendant by amendment, the notice requirements of Rule 15(c)(1)(C)(i) and (ii) are satisfied if, during the state period, process was delivered or mailed to the U.S. attorney or the United States attorney's designee, to the Attorney General of the United States, or to the officer or agency.

Supplemental Pleadings. On motion and reasonable notice, the court may, on just terms, permit a party to serve a supplemental pleading setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented. The court may permit supplementation even though the original pleading is defective in stating a claim or defense. The court may order that the opposing party plead to the supplemental pleading within a specified time.

Joinder of Claims

In General. A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.

Rule 8. Joinder of Contingent Claims. (Jerry Springer Rule)

A party may join two claims even though one of them is contingent on the disposition of the other; but the court may grant relief only in accordance with the parties' relative substantive rights. In particular, a plaintiff may state a claim for money and a claim to set aside a conveyance that is fraudulent as to that plaintiff, without first obtaining a judgment for the money.

Rule 18: "Jerry Springer Rule"
Can add unrelated claims but have to have a basis of jurisdiction.

A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.

Required Joinder of Parties

Persons Required to Be Joined if Feasible.
(1) Required Party. A person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction must be joined as a party if:
(A) in that person's absence, the court cannot accord complete relief among existing parties; or
(B) that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person's absence may:
(i) as a practical matter impair or impede the person's ability to protect the interest; or
(ii) leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.

Joinder by Court Order. If a person has not been joined as required, the court must order that the person be made a party. A person who refuses to join as a plaintiff may be made either a defendant or, in a proper case, an involuntary plaintiff.

Venue. If a joined party objects to venue and the joinder would make venue improper, the court must dismiss that party.

When Joinder Is Not Feasible. If a person who is required to be joined if feasible cannot be joined, the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed. The factors for the court to consider include: (following flashcards)

the extent to which a judgment rendered in the person's absence might prejudice that person or the existing parties;

the extent to which any prejudice could be lessened or avoided by:
(A) protective provisions in the judgment;
(B) shaping the relief; or
(C) other measures

whether a judgment rendered in the person's absence would be adequate

whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder

Pleading the Reasons for Nonjoinder. When asserting a claim for relief, a party must state:
(1) the name, if known, of any person who is required to be joined if feasible but is not joined; and
(2) the reasons for not joining that person.

Exception for Class Actions. The rule is subject to Rule 23.

Permissive Joinder for Parties

Persons Who May Join or Be Joined.
(1) Plaintiffs. Persons may join in one action as plaintiffs if:
(A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and
(B) any question of law or fact common to all plaintiffs will arise in the action.

Defendants. Persons--as well as a vessel, cargo, or other property subject to admiralty process in rem--may be joined in one action as defendants if:
(A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and
(B) any question of law or fact common to all defendants will arise in the action.

Extent of Relief. Neither a plaintiff nor a defendant need be interested in obtaining or defending against all the relief demanded. The court may grant judgment to one or more plaintiffs according to their rights, and against one or more defendants according to their liabilities.

Protective Measures. The court may issue order--including an order for separate trials--to protect a party against embarrassment, delay, expense, or other prejudice that arises form including a person against whom the party asserts no claim and who asserts no claim against the party.

Misjoinder and Nonjoinder of Parties
Misjoinder of parties is not a ground or dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.

Interpleader.
(a) Grounds.
(1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is proper even though:
(A) the claims of the several claimants, or the titles on which their claims depend, lack a common origin or are adverse and independent rather than identical; or
(B) the plaintiff denies liability in whole or in party to any or all of the claimants.

Relation to Other Rules and Statutes. This rule supplements--and does not limit--the joinder of parties allowed by Rule 20. The remedy this rule provides is in addition to--and does not supersede or limit--the remedy provided by 28 U.S.C. §§1335, 1397, and 2361. An action under those statutes must be conducted under these rules.

Intervention.
(a)Intervention of Right. On timely motion, the court must permit anyone to intervene who:
(1) is given an unconditional right to intervene by a federal statute; or
(2) claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant's ability to protect its interest, unless existing parties adequately represent that interest.

Permissive Intervention.
(1) In General. On timely motion, the court may permit anyone to intervene who:
(A) is given a conditional right to intervene by a federal statute; or
(B) has a claim or defense that shares with the main action a common question of law or fact.

By a Government Officer or Agency. On timely motion, the court may permit a federal or state governmental officer or agency to intervene if a party's claim or defense is based on:
(A) a statute or executive order administered by the officer or agency; or
(B) any regulation, order, requirement, or agreement issued or made under the statute or executive order.

Delay or Prejudice. In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties' rights.

Notice and Pleading Required. A motion to intervene must be served on the parties as provided in Rule 5. The motion must state the grounds for intervention and be accompanied by a pleading that sets out the claim or the defense for which intervention is sought.

Dismissal of Actions.
(a) Voluntary Dismissal.
(1) By the Plaintiff.
(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:
(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or
(ii) a stipulation of dismissal signed by all parties who have appeared.
(B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.

By Court Order; Effect. Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper. If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication. Unless the other states otherwise, a dismissal under this paragraph (2) is without prejudice.

Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under the subdivision (b) and any dismissal not under this rule--except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19--operates as an adjudication on the merits.

Dimissing a Counterclaim, Crossclaim, or Third-Party Claim. This rule applies to a dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under Rule 41(a)(1)(A)(i) must be made:
(1) before a responsive pleading is served; or
(2) if there is no responsive pleading, before evidence is introduced at a hearing or trial.

Costs of a Previously Dismissed Action. If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the court:
(1) may order the plaintiff to pay all or part of the costs of that previous action; and
(2) may stay the proceedings until the plaintiff has complied.

Consolidation; Separate Trials

Consolidation. If actions before the court involve a common question of law or fact, the court may:
(1) join for hearing or trial any or all matters at issue in the actions;
(2) consolidate the actions; or
(3) issue any other orders to avoid unnecessary cost or delay.

Separate Trials. For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims. When ordering a separate trial, the court must preserve any federal right to a jury trial.

Judgment; Costs.
(c) Demand for Judgment; Relief to be Granted. A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings. Every other final judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings.

Default; Default Judgment
(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.

Entering a Default Judgment.
(1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk--on the plaintiff's request, with an affidavit showing the amount due--must enter judgment for that amount that costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.

By the Court. In all other cases, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personal or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals--preserving any federal statutory right to a jury trial--when, to enter or effectuate judgment, it needs to:
(A) conduct an accounting;
(B) determine the amount of damages;
(C) establish the truth of any allegation by evidence; or
(D) investigate any other matter.

Setting Aside a Default or a Default Judgment. The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).

Judgment Against the United States. A default judgment may be entered against the United States, its officers, or its agencies only if the claimant establishes a claim or right to relief by evidence that satisfies the court.

Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the US Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.

In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, and 24 of the FRCP, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332.

The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if--
(1) the claim raises a novel or complex issue of State Law,
(2) the claim substantially predominates over the claim of claims over which the district court has original jurisdiction
(3) the district court has dismissed all claims over which it has original jurisdiction, or
(4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction.

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