Order of Legal Proceedings

Order of Legal Proceedings - Order of Legal Proceedings...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Order of Legal Proceedings **the defense of lack of subject matter jurisdiction may be imposed at any time** Complaint Filed (some defenses may only be raised at this point) Answer (if you don’t file an answer then you may lose your waiver rights) Pleadings Close Discovery Period (also scheduling pre-trial conferences) Trial Plaintiff’s Case Closed Defendant has a chance to Respond All Evidence In Verdict Appeal **FRCP force a structure for when defenses may be presented. Rule 8 and 12 limit defendants option for when the defenses may be raised and also provide for waivers Rule 12 (a)(b) Governs Pre-Answer motions and Defenses and Objections generally (when and how presented) 12(b) Complaints (any pleading that states a claim) Answer (any response that answers the statement of the claim) “Except that” clause….12(b) Everything must be stated in the answer except if you are filing a motion for reasons enumerated under 12 (b) (1)-(7) **this is at the option of the pleader** ** this is a pre-pleading motion**
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/18/2008 for the course CIV PRO 001 taught by Professor Taylor during the Spring '08 term at Duquesne.

Page1 / 2

Order of Legal Proceedings - Order of Legal Proceedings...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online