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Procedure for Federal Court Action - Pleading Stage
Request for Admissions
Physical/Mental Examination
Demand for Production of Documents
Interrogatories
Deposition
Motion for Summary Judgment
Motion for Judgment on the pleadings
Pre-trial Motions
U.S. Marshal serves the package
Service of Process
Pleading Stage
Discovery Stage
The clerk will issue a summons on the defendant or his/her agent
Motion to Dismiss
Counterclaim
Answer
Motion for General Demurrer
Motion to Strike
Motion for a More Definite Statement
Pre-Trial Motions:
Not sufficient to state a cause of action
Denying jurisdiction of the Court
Other
If granted, the case is dismissed.
If dismissed "without prejudice," the plaintiff can refile in the proper Court or amend the complaint.
If dismissed "with prejudice," the plaintiff cannot amend or refile.
Motion for a More Definite Statement is asking for more "specific statements" (special demurrer)
Asks the court to strike from the complaint matters which are not germane to the case.
This motion admits to all allegations but denies that these allegations state a cause of action.
Counterclaim against the plaintiff cross-claim against a third party. Plaintiff MUST file a reply to the counterclaim.
These can be filed by either party after all other pleadings have been resolved. The summary judgment is granted as a "matter of law."
