Civil procedure: pleading

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Library edition words from Federal Rules of Civil Procedure

Rules 7, 8, 9(b), 11 and 12: what a pleading must say, fraud with particularity, sanctions, and the defenses by motion.

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Words from
Federal Rules of Civil Procedure (as amended to Dec. 1, 2025). Enacted law, free to use.
Edition
Federal Rules of Civil Procedure, as amended to Dec. 1, 2025 (House Judiciary Committee print)
Checked
Word for word against the source, on 17 October 2026.
How it was made
Each card is a rule’s own words, under its number and heading; a list becomes the card’s items.Words split across lines are joined, an item’s closing “; and” is dropped, and the print’s two single quotation marks are set as one double mark.
Edited by
Aheadso chose the cards and set them out.Every word on them is the source’s.
On the shelf
Law, Civil procedure · 47 cards · 5 topics

The cards

  1. FRCP 7Pleadings Allowed; Form of Motions and Other Papers
  2. FRCP 7(a): Only these pleadings are allowed
    1. 1a complaint
    2. 2an answer to a complaint
    3. 3an answer to a counterclaim designated as a counterclaim
    4. 4an answer to a crossclaim
    5. 5a third-party complaint
    6. 6an answer to a third-party complaint
    7. 7if the court orders one, a reply to an answer
  3. FRCP 7(b)(1): In General
    1. 1be in writing unless made during a hearing or trial
    2. 2state with particularity the grounds for seeking the order
    3. 3state the relief sought
    A request for a court order must be made by motion. The motion must:
  4. FRCP 7(b)(2): FormThe rules governing captions and other matters of form in pleadings apply to motions and other papers.
  5. FRCP 8General Rules of Pleading
  6. FRCP 8(a): A pleading that states a claim for relief must contain
    1. 1a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support
    2. 2a short and plain statement of the claim showing that the pleader is entitled to relief
    3. 3a demand for the relief sought, which may include relief in the alternative or different types of relief
  7. FRCP 8(b)(1): In responding to a pleading, a party must
    1. 1state in short and plain terms its defenses to each claim asserted against it
    2. 2admit or deny the allegations asserted against it by an opposing party
  8. FRCP 8(b)(2): Denials—Responding to the SubstanceA denial must fairly respond to the substance of the allegation.
  9. FRCP 8(b)(3): General and Specific DenialsA party that intends in good faith to deny all the allegations of a pleading—including the jurisdictional grounds—may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.
  10. FRCP 8(b)(4): Denying Part of an AllegationA party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest.
  11. FRCP 8(b)(5): Lacking Knowledge or InformationA party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.
  12. FRCP 8(b)(6): Effect of Failing to DenyAn allegation—other than one relating to the amount of damages—is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.
All 47 cards
  1. FRCP 8(c)(1): In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including
    1. 1accord and satisfaction
    2. 2arbitration and award
    3. 3assumption of risk
    4. 4contributory negligence
    5. 5duress
    6. 6estoppel
    7. 7failure of consideration
    8. 8fraud
    9. 9illegality
    10. 10injury by fellow servant
    11. 11laches
    12. 12license
    13. 13payment
    14. 14release
    15. 15res judicata
    16. 16statute of frauds
    17. 17statute of limitations
    18. 18waiver
  2. FRCP 8(c)(2): Mistaken DesignationIf a party mistakenly designates a defense as a counterclaim, or 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.
  3. FRCP 8(d)(1): In GeneralEach allegation must be simple, concise, and direct. No technical form is required.
  4. FRCP 8(d)(2): Alternative Statements of a Claim or DefenseA party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.
  5. FRCP 8(d)(3): Inconsistent Claims or DefensesA party may state as many separate claims or defenses as it has, regardless of consistency.
  6. FRCP 8(e): Construing PleadingsPleadings must be construed so as to do justice.
  7. FRCP 9Pleading Special Matters
  8. FRCP 9(b): Fraud or Mistake; Conditions of MindIn alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.
  9. FRCP 11Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
  10. FRCP 11(a): SignatureEvery pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name—or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention.
  11. FRCP 11(b): By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances
    1. 1it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation
    2. 2the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law
    3. 3the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery
    4. 4the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information
  12. FRCP 11(c)(1): In GeneralIf, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.
  13. FRCP 11(c)(2): Motion for SanctionsA motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney’s fees, incurred for the motion.
  14. FRCP 11(c)(3): On the Court’s InitiativeOn its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b).
  15. FRCP 11(c)(4): Nature of a SanctionA sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney’s fees and other expenses directly resulting from the violation.
  16. FRCP 11(c)(5): The court must not impose a monetary sanction
    1. 1against a represented party for violating Rule 11(b)(2)
    2. 2on its own, unless it issued the show-cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned
  17. FRCP 11(c)(6): Requirements for an OrderAn order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction.
  18. FRCP 11(d): Inapplicability to DiscoveryThis rule does not apply to disclosures and discovery requests, responses, objections, and motions under Rules 26 through 37.
  19. FRCP 12Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
  20. FRCP 12(a): Unless another time is specified by a federal statute, the time for serving a responsive pleading is as follows
    1. 1In General
    2. 2United States and Its Agencies, Officers, or Employees Sued in an Official Capacity
    3. 3United States Officers or Employees Sued in an Individual Capacity
    4. 4Effect of a Motion
  21. FRCP 12(a)(1): In General
    1. 1A defendant must serve an answer: (i) within 21 days after being served with the summons and complaint; or (ii) if it has timely waived service under Rule 4(d), within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States
    2. 2A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim
    3. 3A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time
  22. FRCP 12(a)(2): United States and Its Agencies, Officers, or Employees Sued in an Official CapacityThe United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney.
  23. FRCP 12(a)(3): United States Officers or Employees Sued in an Individual CapacityA United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the officer or employee or service on the United States attorney, whichever is later.
  24. FRCP 12(a)(4): Unless the court sets a different time, serving a motion under this rule alters these periods as follows
    1. 1if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court’s action
    2. 2if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served
  25. FRCP 12(b): How to Present Defenses
    1. 1lack of subject-matter jurisdiction
    2. 2lack of personal jurisdiction
    3. 3improper venue
    4. 4insufficient process
    5. 5insufficient service of process
    6. 6failure to state a claim upon which relief can be granted
    7. 7failure to join a party under Rule 19
    Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion: A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.
  26. FRCP 12(c): Motion for Judgment on the PleadingsAfter the pleadings are closed—but early enough not to delay trial—a party may move for judgment on the pleadings.
  27. FRCP 12(d): Result of Presenting Matters Outside the PleadingsIf, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.
  28. FRCP 12(e): Motion for a More Definite StatementA party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.
  29. FRCP 12(f): Motion to Strike
    1. 1on its own
    2. 2on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading
    The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:
  30. FRCP 12(g)(1): Right to JoinA motion under this rule may be joined with any other motion allowed by this rule.
  31. FRCP 12(g)(2): Limitation on Further MotionsExcept as provided in Rule 12(h)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.
  32. FRCP 12(h)(1): A party waives any defense listed in Rule 12(b)(2)–(5) by
    1. 1omitting it from a motion in the circumstances described in Rule 12(g)(2)
    2. 2failing to either: (i) make it by motion under this rule; or (ii) include it in a responsive pleading or in an amendment allowed by Rule 15(a)(1) as a matter of course
  33. FRCP 12(h)(2): Failure to state a claim upon which relief can be granted, to join a person required by Rule 19(b), or to state a legal defense to a claim may be raised
    1. 1in any pleading allowed or ordered under Rule 7(a)
    2. 2by a motion under Rule 12(c)
    3. 3at trial
  34. FRCP 12(h)(3): Lack of Subject-Matter JurisdictionIf the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.
  35. FRCP 12(i): Hearing Before TrialIf a party so moves, any defense listed in Rule 12(b)(1)–(7)—whether made in a pleading or by motion—and a motion under Rule 12(c) must be heard and decided before trial unless the court orders a deferral until trial.

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