Litigation in Federal Court
Pleadings & Motions
Joinder →
Pleadings Allowed
FRCP 7(a): Pleadings Allowed
[1] Plaintiff’s Complaint
[2] Defendant’s Answer
Other Counter/Crossclaims
Plaintiff’s Complaint
FRCP 8(a): Plaintiff’s Complaint
• The plaintiff’s complaint must include:
[1] Jurisdiction
[2] Claim for Relief
[3] Demand for Relief
Twiqbal Rule:
• In response to a 12(b)(6) motion, the court will ask if the plaintiff’s complaint:
[1] avoids conclusory statements
[2] states plausible claims
Defendant’s Answer
FRCP 8(b): Defendant’s Answer
• The defendant’s answer must:
[1] state defenses to each claim in short and plain terms
[2] admit (affirmative defense) or deny the allegations in the complaint.
• FRCP 8(c): the defendant’s right to raise an affirmative defense is waived if not stated in their answer.
FRCP 12: Motion Practice
(b): Defendant’s options for dismissal before filing an answer.
[1] Subject Matter Jurisdiction
[2] Personal Jurisdiction
[3] Venue
[4] Process (technical issues)
[5] Service
[6] Failure to State a Claim
[7] Failure to Join a Party (FRCP 19)
(c-f): Defendant’s other options for dismissal early in the case.
[c] Motion for Judgment on Pleadings (same as 12(b)(6), but after filing an answer)
[d] Motion to Dismiss (with evidence before discovery)
[e] Motion for More Definite Statement
[f] Motion to Strike
Counterclaims and Crossclaims
FRCP 13: Counterclaims and Crossclaims
[a] Compulsory Counterclaim:
• Pleadings must state any counterclaims arising from the same transaction as the original claim. Allows supplemental jurisdiction unless it destroys diversity.
[b] Permissive Counterclaim:
• Pleadings may also state any non-compulsory counterclaim not arising from the same transaction, but supplemental jurisdiction won’t apply.
[c] Crossclaim Against a Coparty:
• A crossclaim against a coparty is only permitted if it arises out of the same transaction as the (1) original claim or (2) counterclaim.
[d] Allows non-parties to be added.
Third Party Practice
FRCP 14(a): Impleader
• The Defendant (as a third party Plaintiff) can implead a nonparty liable to it for the claim they’re facing, but they must obtain the court’s leave if filing more than 14 days after their answer.
Amending Pleadings
FRCP 15(a): Amending Pleadings
[1] Amendments as a Matter of Course: available within 21 days of service or the Defendant’s answer
[2] Other Amendments: available with consent of the court or the other party.