Thursday, January 29, 2009
I'm a very helpful rule
My sister sent me this quiz to determine which federal rule of civil procedure you are(ahh, to be a 1L again). Apparently, she and I are both rule 15, which means that "You're a very helpful rule! You allow the attorney to amend their complaint once as a matter of course at any time before the answer is filed, and also allow amendments in other cases. If a claim relates back to the original transaction or occurrence outlined in the complaint, you can amend the complaint, even though the statute of limitations has run. Like a good friend, you're always there to help out in a bind."
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3 comments:
I'm rule number 15, too!
I'm 20a . . .
I am RULE 12(b)!
While you might be a defendant's best friend, you aren't exactly polite to others. You have seven separate grounds on which to dismiss a plaintiff's case. You are a bit paranoid, since if you fail to raise your 12(b)(2,3,4, or 7) in a motion or a pleading with one of the other 12(b) defenses or a 12(e) motion, you waive those objections for the rest of trial. Some might say that 12(b) is the biggest bully of the Federal Rules of Civil Procedure, but hey, somebody needs to keep the peace. You might not be the most popular guy in the office, but you're probably the most important.
Hmm....
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