ABSTRACT

The rules of civil procedure govern the way trials are prepared for and held in the courts. The standard rules of civil procedure are those used in federal courts, the Federal Rules of Civil Procedure (FRCP). The basic principle of FRCP is what is called notice pleading. The complaint is composed in numbered paragraphs, each paragraph detailing a different factual allegation. In the federal courts, the first paragraphs of the complaint detail the facts that support federal jurisdiction. When a party is served with a complaint, the proper response is to make an answer. Counterclaims are claims made by the defendant against the plaintiff after the suit is filed and come in two types, compulsory and permissive. A counterclaim is a claim that the defendant can assert “counter” to the plaintiff’s claim against the defendant. A cross-claim is a claim made by one party on one side of a case against another party on the same side of the case.