Civil Procedure II

1
Civil Procedure II

• Pleading

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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.

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Rule 7 Pleadings Allowed

• 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.

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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.

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Rule 84 Forms

• The forms contained in the Appendix of Forms are
  sufficient under the rules and are intended to
  indicate the simplicity and brevity of statement
  which the rules contemplate.

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Form 9 Complaint for Negligence

• 1. Allegation of jurisdiction.
• 2. On June 1, 1936, in a public highway called
  Boylston Street in
• Boston, Massachusetts, defendant negligently
  drove a motor vehicle
• against plaintiff who was then crossing said
  highway.
• 3. As a result plaintiff was thrown down and had
  his leg broken
• and was otherwise injured, was prevented from
  transacting his
• business, suffered great pain of body and mind,
  and incurred expenses
• for medical attention and hospitalization in the
  sum of one
• thousand dollars.
• Wherefore plaintiff demands judgment against
  defendant in the
• sum of dollars and costs.

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Form 2 Allegation of Jurisdiction

• (a) Jurisdiction founded on diversity of
  citizenship and amount.
• Plaintiff is a citizen of the State of
  Connecticut corporation incorporated under the
  laws of the State of Connecticut having its
  principal place of business in the State of
  Connecticut and defendant is a corporation
  incorporated under the laws of the State of New
  York having its principal place of business in a
  State other
• than the State of Connecticut. The matter in
  controversy exceeds, exclusive of interest and
  costs, the sum specified by 28 U.S.C. 1332.

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FRCP 12

• (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 pleading. 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.