Commenced - Civil Procedure - Lecture Slides, Slides of Civil procedure

Download Commenced - Civil Procedure - Lecture Slides and more Slides Civil procedure in PDF only on Docsity! 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) Docsity.com 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 Docsity.com 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 Docsity.com 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) Docsity.com Requirements for Service of Process • When? • What? • Who? • How? Docsity.com Requirements for Service of Process • Who? • FRCP 4(c)(2) • How? Docsity.com 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 Docsity.com