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Civ Pro - Coggle Diagram
Civ Pro
Pleadings
Complaint
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claim for relief must contain a short and plain statement of jurisdiction, a statement of a claim that would entitle P to relief, and a demand for relief
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Answer
Answer must include all 12(b) defenses (if not raised in a prior responsive pleading) and all affirmative defenses
If the defendant does not file a motion to dismiss, or the motion is denied, it must file an answer that must fairly and precisely admit or deny every allegation in the complaint
Amendment
Plaintiff may amend its complaint as of right within 21 days of service upon the defendant (leave to amend after 21 days)
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Counterclaim
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Permissive: not in the same transaction, it is not waived if it is not brought
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Joinder of Parties
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P must join parties if there is prejudice against one of the parties that could leave them open to multiple inconsistent obligations
Motions
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Summary Judgment
Granted if there are no genuine issues of material fact and the movant is entitled to a judgment as a matter of law
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Post-Trial Motions
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Motion for a new trial
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granted in the court's discretion if the errors at trial affected a party's substantial right, or the verdict was against the manifest weight of the evidence
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Jury Trial
Each party has a right to strike jurors for cause, any amount, and can strike 3 jurors by peremptory challenge
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Preclusion
Parties are barred from religitating a claim or issue that they have fully litigated to a final judgment on the merits
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