Federal Rules of Civil Procedure

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Federal Rules of Civil Procedure
2012-09-05 21:08:21
Civil Procedure Civ Pro Pleading Federal Rules

Civil Procedure; Pleading and Procedure
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  1. Rule 8(a)(1)
    (a) Claim for Relief. A pleading states a claim for releif and 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.

    The reason for the requirement is that the federal courts have limited subject matter jurisdiction. Because the state courts are courts of general jurisdiction there ususally is no similar requirement.
  2. Rule 8(a)(2)
    (2) a short and plain statement of the claim showing that the pleader is entitled to relief.
  3. Rule 9(b)
    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.
  4. Rule 11(a)
    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.
  5. Rule 11(b)
    • Representations to the Court. By presentign to the court a pleading, written motion, ot 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 to teh circumstances:
    • (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.