PARA 240 WK 6 Codes and Rules
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Running head:
Federal Rules of Civil and Criminal Procedures
Carla Taylor
Federal Rules of Civil and Criminal Procedures
PARA 240 Investigation and Litigation
Professor Lowell
December 2, 2023
Running head:
Federal Rules of Civil and Criminal Procedures
Federal Rules of Civil and Criminal Procedures
1.
What 7 pleadings are allowed in civil lawsuits?
a.
A complaint
b.
An answer to a complaint
c. An answer to a counterclaim as a counterclaim
d. An answer to a crossclaim
e. A third-party complaint
f. An answer to a third-party complaint; and
If the court orders one, a reply to an answer.
2.
In civil lawsuits, when the defenses response to a complaint, what two types of answers must be given to the pleadings in the complaint?
a. Service: When Required: An order stating that service is required.
3. How many affirmative defenses exist in a civil lawsuit?
21
4. In a civil lawsuit, what happens if a party mistakenly files a counterclaim as a defense?
The court must, if justice requires, treat the pleading as though it were correctly designated, and may impose terms for doing so.
5. What are the 3 requirements for a motion to be filed in civil court?
a. The movant filed the motion before attempting in good faith to obtain the disclosure or discovery without court action.
b. The opposing party’s nondisclosure, response, or objection was substantially justified.
c. Other circumstances make an award of expenses unjust.
6. In a civil lawsuit, how soon must a defendant serve an answer?
a. Has thirty days from the date it was filed.
7. How soon must a party serve an answer to a counterclaim or crossclaim?
a. A party must serve an answer to a counterclaim or crossclaim within 21 days after being served.
8. How soon must the United States, a United State agency, or a United States officer or employee sued in an official capacity serve an answer to a counterclaim or crossclaim?
a. Within 60 days. 9. Who can sign pleadings, motions, and papers filed in a civil action?
The party or the party’s Attorney.
10. What is that person representing through their signature?
Constitutes a certificate.
Running head:
Federal Rules of Civil and Criminal Procedures
11. Explain the differences between a criminal warrant and a criminal summons?
a. A warrant is when a person will be picked up and held in jail and goes in front of a judge and a
summons is when they will bring themselves to court on a certain day and time.
12. Are all motions recorded in criminal cases?
a. All proceedings at a motion gearing, including any finding of facts and conclusions of law made orally by the court, must be recorded by a court reporter or a suitable recording device.
13. In a criminal case, when must the government notify the defense of its intent to use specified evidence at trial (evidence likely to receive an objection by the defense)?
a. The court may, at the arraignment or as soon afterward as practicable, set a deadline for the parties to make pretrial motions and may also schedule a motion hearing. 14. How soon must the criminal preliminary hearing if a defendant is in custody?
a. Should have them in court as soon as possible.
15. What criminal case motions may be made at any time?
a. A court that lacks jurisdiction while the case is pending.
16. What criminal case motion must be made before trial?
a. Objections
b. Requests
17. For a criminal alibi defense, what must the government (prosecution) file, which forces the defense to reveal their alibi defense?
a. The request must state the time, date, and place of the alleged offense.
18. How soon must the criminal defense reply to the government’s request for an alibi?
a. 14 days after the request
19. What must the criminal defense’s alibi notice contain?
a. Each specific place where the defendant claims to have been at the time of the alleged offense and the name, address, and telephone number of each alibi witness on whom the defendant intends to rely.
20. If the government does not disclose its witnesses, what will happen?
a. If a party fails to comply with this rule, the court may exclude the testimony of any undisclosed witness regarding the defendant’s alibi. This rule does not limit the defendant’s right to testify.
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Running head:
Federal Rules of Civil and Criminal Procedures
References
Federal Rules of Civil Procedures, http://www.federalrulesofcivilprocedures.org
.
Federal Rules of Criminal Procedures, http://www.federalrulesofcriminalprocedures.org
.