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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

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CIVIL PROCEDURE FALL 2005 SECTIONS C & F

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  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

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