The Federal Rules of Civil Procedure Every Paralegal Must Know

The Federal Rules of Civil Procedure (FRCP) govern how civil cases proceed in federal courts. Many state courts have adopted rules modeled on the FRCP, making these rules fundamental to paralegal practice regardless of where you work. The CP exam tests your knowledge of specific rules by number and substance.

Rule 3: Commencing a Civil Action

A civil action is commenced by filing a complaint with the court. This is a simple but important concept: the filing date matters for statute of limitations purposes and triggers various deadlines throughout the litigation process.

Rule 4: Summons and Service of Process

Rule 4 governs the issuance of the summons and the methods by which it must be served on the defendant. Key provisions include:

The plaintiff must serve the summons and complaint within 90 days of filing (Rule 4(m)), or the case may be dismissed without prejudice
Rule 4(d) provides for waiver of service, which incentivizes defendants to accept service by mail. A defendant who waives service gets 60 days to respond instead of 21.
Rule 4(e) through (j) specify methods of service for different types of defendants (individuals, corporations, government entities, foreign defendants)

Rule 8: General Rules of Pleading

Rule 8 requires a complaint to contain: (1) a short and plain statement of the grounds for jurisdiction, (2) a short and plain statement of the claim showing entitlement to relief, and (3) a demand for judgment. The answer must respond to each allegation and state any affirmative defenses.

Affirmative defenses listed in Rule 8(c) include accord and satisfaction, assumption of risk, contributory negligence, duress, estoppel, failure of consideration, fraud, statute of frauds, statute of limitations, and waiver, among others.

Rule 11: Signing Pleadings and Sanctions

Rule 11 requires that every pleading, written motion, and other paper be signed by at least one attorney of record (or the party if unrepresented). By signing, the attorney certifies that:

The filing is not being presented for an improper purpose such as harassment or delay
The legal contentions are warranted by existing law or a nonfrivolous argument for changing the law
The factual contentions have evidentiary support or are likely to have support after investigation

Violations can result in sanctions. The Rule 11 "safe harbor" provision gives a party 21 days to withdraw a challenged filing before sanctions can be imposed.

Rule 12: Defenses and Objections

Rule 12 contains the important pre-answer motions. The seven defenses that may be raised by motion under Rule 12(b) are:

(1) Lack of subject matter jurisdiction
(2) Lack of personal jurisdiction
(3) Improper venue
(4) Insufficient process
(5) Insufficient service of process
(6) Failure to state a claim upon which relief can be granted
(7) Failure to join a required party under Rule 19

Defenses (2) through (5) are waived if not raised in the first responsive pleading or motion. Defenses (1), (6), and (7) may be raised at any time.

Rules 26 through 37: Discovery

These rules form the discovery framework. Key highlights:

Rule 26(a): Initial disclosures must be made within 14 days of the Rule 26(f) conference
Rule 26(b): Defines the scope of discovery as any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case
Rule 26(f): The discovery planning conference where parties discuss claims, defenses, and develop a discovery plan
Rule 30: Depositions by oral examination. Limited to 10 per side and 7 hours per deposition unless the court orders otherwise.
Rule 33: Interrogatories limited to 25 per party
Rule 34: Requests for production of documents and ESI (electronically stored information)
Rule 36: Requests for admission. Matters are deemed admitted if not responded to within 30 days.
Rule 37: Sanctions for failure to comply with discovery, including motions to compel

Rule 50: Judgment as a Matter of Law

Rule 50(a) allows a party to move for judgment as a matter of law during trial if there is no legally sufficient evidentiary basis for a reasonable jury to find for the opposing party. Rule 50(b) allows a renewed motion after the verdict (formerly known as JNOV).

Rule 56: Summary Judgment

A party may move for summary judgment on all or part of a claim. The court shall grant summary judgment if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The nonmoving party must present specific evidence showing a genuine issue for trial.

Rule 59: New Trial

A motion for new trial must be filed within 28 days after entry of judgment. Grounds include errors during trial, newly discovered evidence, or a verdict that is against the weight of the evidence.

Study These Rules Systematically

Do not try to memorize every rule verbatim. Instead, understand the purpose and key provisions of each rule. Our practice flashcards are organized by FRCP rule number to help you study efficiently. Sign up free and start building your FRCP knowledge today.

Understanding Federal Rules of Civil Procedure for the CP Exam