Civil Litigation Procedures Flashcards

Under the Federal Rules of Civil Procedure, a defendant must file an answer within how many days after being served with the summons and complaint?

Answer: 21 days

FRCP Rule 12(a)(1)(A)(i) requires a defendant to serve an answer within 21 days after being served with the summons and complaint.

Which pretrial motion asks the court to dismiss a case because the complaint fails to state a claim upon which relief can be granted?

Answer: Rule 12(b)(6) motion to dismiss

A Rule 12(b)(6) motion to dismiss argues that even if all alleged facts are true, the plaintiff has no valid legal claim.

In federal court, what is the purpose of a Rule 26(f) conference?

Answer: To develop a discovery plan

Rule 26(f) requires parties to confer and develop a proposed discovery plan before initial disclosures are due.

A default judgment may be entered against a defendant who:

Answer: Fails to plead or otherwise defend after proper service

Under FRCP Rule 55, a default may be entered when a party fails to plead or otherwise defend after being properly served.

Which type of discovery device requires a party to admit or deny specific statements of fact?

Answer: Requests for admission

Requests for admission under FRCP Rule 36 require a party to admit, deny, or explain why they cannot admit or deny each statement.

What is a 'scheduling order' in federal civil litigation?

Answer: A court-issued order establishing deadlines for discovery, motions, and trial

Under FRCP Rule 16(b), the court issues a scheduling order that limits the time to join parties, amend pleadings, complete discovery, and file motions.

When a party objects to an interrogatory as 'overly broad and unduly burdensome,' what must typically accompany the objection?

Answer: A specific explanation of the burden and, where possible, a partial answer

Courts require that objections be stated with specificity and that the responding party answer the non-objectionable portion of the interrogatory.