What is the American civil procedure

Court in the form of civil procedure to solve a civil dispute, adjust the social contradictions.Due to the multiplicity of civil litigation purpose, causing it to be the most widely applicable.Then we will together to get to know what was the American civil procedure, hope can help to everybody!

What is the American civil procedure
The basic procedure
(a) a program of action
American civil pretrial procedure including v. a program, discovery and pre-trial conference, civil litigation began a program of action.Before FRCP rules discovery proceedings, v. a program's main task is to determine a disputed point, but then, the program only rise to notify the other party, to prepare the lawsuit, it can be referred to as the notification type v. a.

1. Sue (file)
People matter litigation from the start when the plaintiff to refer the complaint to the court.FRCP article 8 "v. to article of general rules" (general rules ofpleading) a paragraph, whether the original request, counterclaims, cross or third party request, a request for a relief pleading shall include: a concise statement of the jurisdiction of the court, but the court has jurisdiction retains the request does not need new unless the jurisdiction basis;Concise statement to indicate that shall have the right to request relief;Plea people seek relief for the request of the ruling.

Tell FRCP of v. on wen is not the format of the technical requirements, the general said, the plaintiff's complaint should, in turn, contain the following contents:
The title (caption), including the name of the court, the action name, case number, etc.;
Nature of litigation (nature of the action);
(jurisdiction and venue of jurisdiction and trial), summarized the appellate court jurisdiction and according to law;
Party (parties) basic situation;
Background (background), and briefly the sequence of events of the case facts;
Relief request (prayer for relief), that is, that has the right to request relief and according to law;
A jury trial request (jury demand);The date and the signature (date & signature).

  FRCP article 8 paragraph e, whether the parties in a lawsuit because of or a defense or in a separate lawsuit for or defense, all would like to ask you two or more selective or hypothetical request or defense.If made of two or more selective claim, one statement has sufficient requirement put forward by the individual, tell the v. on wen is due to one or more claims of selective inadequate.The party may also request more than a single or defense, whether has consistency, and whether it is based on the common law, equity or maritime law of reason.In v. answer when people don't understand the truth, giving selective v. v. a people a right is necessary.

 2. Answer (the answer)On the plaintiff's plea was the defendant's responsibility, in addition to the lack of jurisdiction over matters, generally do not take the initiative to review the indictment of the judge.A defendant to the plaintiff during the legal petition FRCP is an obligation.The petition should be clear and the conjugate To record to the plaintiff requests the various defense, and must think or deny the idea of each other.Plea has the time limit.Time limit of the federal court ruled that the defendant's plea for 20 days, while the state court according to law and local court rules may be 10 days, 15 days, 30 days or 60 days.But the law court may permit within the legal time after submit a petition.According to FRCP article 12 of the first paragraph a (1) of the rules, as a case the defendant should be received a summons and complaint to the other party within 20 days after delivery.

 The defense has the following three forms:

 (1) deny (denials).The parties should have a clear to the other party requests of each defense and admit or deny the fact that the other party.For advocates of pleading must answer, except on the amount of damages claim in the response of pleading if it is not denied, be deemed to have been admitted.FRCP b in the first paragraph of article 8 of provisions of denial form (form of denials) has four kinds: summarize denied (general "), namely the plea people to deny all claims, including jurisdiction, in the form of a summarized denies there is a premise for the oral defense, must fulfill the obligations of article 11 of FRCP rear can put forward, state and federal courts of procedure rules requirements of goodwill the plea, the intention of honesty;Other denied (specific denials), namely the plea of designated special denied claims or paragraphs;Lack of sufficient information or cognitive denied (denials without knowledge or information sufficient), namely when the lack of adequate or information as long as this situation be statements can deny effect;Deny (partly "), that is, to a certain part of denial, the plea human figure kindly deny positions or as part of the qualification in this way, the plea should be pointed out that claims that the real part of and deny the rest, this way is more commonly used.

 (2) positive defense (affirmative defenses).The fact that refers to the defendant to put forward the new way of answer.Tell in advance v. on article puts forward the plea, the parties shall actively put forward following plea: purpose and fulfillment, arbitration and the arbitration award and take risks, contributory negligence, bankruptcy exemption, force, forbidden ", lack of consideration, deceives fraud, illegal, common to hire people to eliminate aging, licensing, payment, released from their obligations, res judicata, imitate, abandon in fraud prevention law, litigation right and other invalid or active defense matters.

 (3) independent relief request (independent prayer for relief).Namely the defendant counterclaim or cross request answer way.

 3. The counterclaim, cross the request, the introduction of a lawsuit(1) the counterclaim (counterclaim), namely the counterclaim request, refers to this v. the defendant for the independent of the counterclaim filed by the plaintiff, it can be divided into: compulsory counterclaims (compulsory counterclaims) and discretionary litigation.The former provisions on FRCP article 13, paragraph a tell in v. on article arrived, the respondent for all requests the other party, as long as the request is based on as the other party requests the litigious transactions or events, and the referee without court jurisdiction can not be reached the third person to appear in court, then the request should be filed as a counterclaim.Meaning counterclaims (permissive counterclaims) regulation in FRCP b the first paragraph of article 13, the respondent can put forward aimed at the request of the other party, if the request is not based on transactions or events as the other party to a lawsuit mark, whether to put forward the request by the parties to decide on their own.

 (2) cross request (cross - claim), also known as a cross-action, refers to the parties to the joint action of one can tell in v. on the text of another class-action lawsuit request.FRCP article 13 the provisions of the paragraph g based on cross requests can be as the v or counterclaim litigious transactions or events and the request, it can also be related to property rights as their appeal proceedings mark's request.Delivered fork claimant may request all or part of the responsible person for cross.

 (impleader) (3) the introduction of litigation, at any time after the start of a lawsuit, the defendant to the third person of the accused has the right to request all or part of the responsibility on the grounds that Sue the third party and use it as a new was to introduce the original case, at this time the defendant be a third party (third - party plaintiff), was introduced into has begun to suit the people called the third party defendant (third - party defendant);When being counterclaim, the plaintiff as the defendant counterclaim the defendant shall have the right to the third parties.Usually the defendant as a third party any time after the start of the plaintiff in the lawsuit can Sue to the third person and served a summons.Tell if a defendant in the v. v. on the text put forward the complaint on the third parties, within 10 days after the service of the complaint without court approval.After 10, the defendant to the third person to participate in the motion must be with the permission of the court.

 4. V. to shape modification and supplementFRCP article 15 "v. to shape modification and supplement, amended and supplemental pleadings)" set without court permission changes and needs of the court or the other party permission changes.To tell v. on paper modify the above article 15 established quite liberal guidelines (liberal policy).What a man needs in reply received v. to form at any time before, as of course the right can be v. to shape a revision;Tell if v on text are not allowed to reply v. to shape, and the litigation is not included in the agenda (trials calendar), a party may tell in v. on wen arrived within 20 days after any time to modify again.In addition, the parties concerned only with the permission of the court or the other party written consent to modify its tell v. on wen.Course, based on the need to court of justice, or will tell modify v. on wen.In general, the requirements as prescribed in paragraph pursuant to article 15 FRCP c under the premise of v. to article tell the effectiveness of the modified back and v on the text initially proposed date.According to the motion of the parties, the court may, upon reasonable notice and in accordance with the appropriate conditions, allowing the parties, the documents and delivery, tell records from v. on wen proposed or events occurring after the date of transactions or events.Tell even if the initial v. on text in statements request or contradictory defects, can also allow added.Respondent expire after serve documents or make requests, with the permission of the court, can complement v. counterclaim against documents.