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PERSONAL JURISDICTION (PJ)Answers the question of in what state cansue? The test for personal jurisdiction is the same in federal court and state court. A federalcourt will only have jurisdiction if the state in which it sits has personal jurisdiction. A court

can either have power over the or the s property to have PJ.

Specific jurisdiction is when the sues for a claim that arises in the forum.

General jurisdiction is when the sues for a claim that arose anywhere.

I. IN PERSONAM JURISDICTION(power over the s person) A jud!ment from a

court creates a personal o"li!ation on the and entitles the to full faith and credit

(##$) in all other states. TheDue Process Clausetells states how far they can !o ine%ercisin! PJ. This is the outer limit and is not self&e%ecutin! "ut states do not have toe%tend their reach to the full limit of the constitutional circle.

A.Statutory Test. The first thin! you loo' at when you !et a PJ uestion is the state

statute for the jurisdiction that you are in. hile statutes vary from state to state*every state has statute allowin! jurisdiction when+ present in forum when served with process (!eneral jurisdiction statute) domiciled within the state (!eneral jurisdiction statute) non&resident motorist act , appoint a!ent for service of process and

consent (specific jurisdiction statute) (-ess v. Pawlos'i) attachment statute for in rem/01

long-arm statut !or non-rs"#nts

2. $ull Po%r (CA t&')+ the state has jurisdiction to the full e%tent that the

$onstitution allows test is same as $onstitutional test

3. Laun#r& L"st+ various thin!s that can do in state that would su"ject him to

specific jurisdiction. $lassical list includes+ transaction of "usiness*commission of tortious act* matrimonial domicile within state* owns realproperty within state.

0nterpretation of lan!ua!e can vary in different states. 0n (Gray v.American 1adiator) 0llinois had jurisdiction over 4hio $orp. "c0llinois interpreted 5commit tortious act within state6 to mean tortious

act occurred where is harmed (Ill"no"s Rul). The same statute and

fact pattern in 78 would not !rant jurisdiction "c interpreted samelan!ua!e to mean tortious act occurred where product was ne!li!entlymanufactured (N Rul). (#lint v. Gust)

atch for difference "etween 5any "usiness6 and 5su"stantial"usiness6 in statute.

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. Constitutional Analysis+ once a state statute has "een met must loo' to $onst.*. Tra#"t"onal as"s o! Jur"s#"+t"onmay alone suffice to esta"lish PJ.

(a)Presence:The Supreme $ourt upheld PJ when the was served with process

within the forum state. (Pennoyer v. 7eff) 7either 0nternational Shoe nor :urnham overruled the idea that presence

alone is sufficient for personal jurisdiction. The 0nternational Shoe testsays 50f he "e not present6 then the minimum contacts test will "e applied.

:urnham was a transient jurisdictioncase (o"tainin! jurisdiction "y

servin! while temporarily physically present in the state) "ecause was

served process for a cause of action unrelated to his "rief presence in thestate. -ere the court split 9&9 with one side su!!estin! that presence alonewas enou!h (Scalia) and the other usin! minimum contacts as thedefinitive test (:rennan). (:urnham v. Superior $ourt of $alifornia)

Force or Fraud exception,service of process invalid in cases where

forced or tric'ed to enter state in order to serve process and therefore noPJ.

Iunity of parties and witnesses,most states !rant immunity from PJ tononresidents who are present in the state solely to ta'e part in a judicialproceedin! or who are passin! throu!h the state on their way to a judicialproceedin! elsewhere.

()Doicile, if domiciled within the state then there is !eneral jurisdiction. 0t

is still true today.

(+) Consent:can waive $onstitutional protection "y consentin! to PJ. $an do soin astate court "y ma'in! a gnral a''aran+instead of a s'+"ala''aran+(only contest PJ). can provide 'rss +onsntvia contract or "m'l"# +onsnt such as the

nonresident motorist act in -ess v. Pawlos'i.

(#)A!ent appointed for ser"ice of process:can serve process on s a!ent if

served within state. may appoint a!ent or s actions may "y statute appoint

or desi!nate an a!ent for service of process. (-ess) Privile!es and immunities clause protects ri!ht of interstate travel for

persons "ut since corporations are not persons* state can e%clude themfrom enterin!. States can force corporations to appoint an a!ent within thestate as a condition for allowin! the corporation in.

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/. Mo#rn anal&s"s-Intrnat"onal S0o Tst, The Supreme $ourt in 0nternationalShoe v. ashin!ton !reatly e%panded the test for PJ "eyond the traditional "ases.The focus "ecame whether there were #such iniu contacts with the foruso that the exercise of jurisdiction does not offend traditional notions of fairplay and su$stantial justice%&

Two&pron! test reuired+ minimum contacts and fairness. ;ust have arelevant contact "efore loo'in! at fairness. All the fairness in the world wouldnot ma'e up for no contacts.

(a) MINIMUM CONTACTS:purposeful availment and foreseea"ility

Purposeful a"ailent, $ourt must find that the purposely availed himself

5of the privile!e of conductin! activities within the forum state* thusinvo'in! the "enefits and protections of its laws.6 (-anson v. did not esta"lish PJ (orld&ide

?ol'swa!en v. oodson)

Long-trm rlat"ons0"' %"t0 !orum,reached out to #= when si!ned

3@ year franchise a!reement (:ur!er >in!)

S"ngl a+t,sin!le act see'in! to serve the forum mar'et suffices forspecific jurisdiction such as a Te%as insurer sellin! one policy to person in$A. (;cGee)

Sol"+"t"ngus"nss, (e.!. advertisin! in forum* @@ num"ers* sell oninterstate hi!hway close to state "order* etc.)

Foreseea$ility,

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4$onnor+ reasona"le anticipation product could !et in stateand some intent or purpose to serve the state (solicitin!"usiness) is sufficient to satisfy minimum contacts

:rennan+ reasona"le anticipation that product could !et intostate is sufficient for minimum contacts

Manu!a+turrs:court upheld PJ over a component supplier whoseproduct was sent into the forum state as part of a product manufactured "yits customer (Gray v. American 1adiator)

Targt# !!+ts:tar!eted effects at forum&E reasona"ly anticipatecausin! injury in forum&E reasona"ly anticipate "ein! haled into courtthere.

() $AIRNESS,the e%ercise of PJ must also "e fair "eyond merely havin!

minimum contacts

'elatedness 5slidin! scale6 "etween the amount of contact and therelatedness of the contact. 0f contacts are su"stantial* continuous* andsystematic then dont need relatedness for !en. Juris.A hi!her de!ree ofrelatedness "etween the claim and the contacts lowers the uantity ofcontacts necessary to justify jurisdiction (specific jurisdiction). ;any

contacts will justify jurisdiction even if the claim is unrelated to the s

contacts with the state (!eneral jurisdiction).

Con"eniencesince will always claim that forum is not convenient then

"urden is on the to show that it is 5so !ravely difficult that is at a severedisadvanta!e in the liti!ation6 (:ur!er >in!). 0t is such a hi!h standard that

will almost never satisfy it.

State(s interestinterest of the state in re!ulatin! the activity involved andprovidin! a forum for its citiFens when ripped off

Shared interests of several states.

s interests.

0nterstate judicial system interest.

C. )eneral *urisdiction, 0n order to have !eneral jurisdiction* the contacts of the with

the forum must "e 5su"stantial* continuous* and systematic.6 (Per'ins v. :en!uet;inin! $o. and -elicopteros)

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/. IN REM AND 1UASI IN REM

Treat li'e in personam. Hvery state has an attachment statute. The $onstitutionaltest is to meet minimum contacts. (Shaffer v. -eitner) 0f cant !et in personam tryone of these. Property may "e tan!i"le (real property or personal property)* orintan!i"le ("an' account).

A. In 'e

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A"sent special e%ception for appeal of PJ* traditional rule only allows appealon the issue of PJ after liti!ation of case on the merits.

Thus* rejection of PJ attac' may reuire to stay for trial.

. Collatral Atta+4, allows a default jud!ment to "e entered and then contests PJ

when comes to claim full faith and credit (##$) on the jud!ment.

*. Ad"anta!esof collateral attac'+

would liti!ate at home (save travel e%penses).

0f s case is wea' on the merits* would "e "etter to save K and try to win on

issue of PJ.

/. Disad"anta!esof collateral attac'+

:ecause a can enforce jud!ment anywhere has property* may still have

to raise collateral attac' in a distant forum.

Permits to raise only issue of PJ (cannot contest merits of claim).

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NOTICE AND OPPORTUNIT TO E 8EARD-hasho!!i) Rul =()(/)

Ser"ice of a!ent a!ent can "e appointed "y contract or"y operation oflaw. Rul =(0)says can only serve corporations "y servin! an a!ent ofsuch corporation.

Ser"ice $y Pu$lication only accepta"le if there is no other reasona"lemeans of noticeN last resort.

-nder State laws Rul =()(*)says that any method provided "y state

law in state where federal court sits orlaw of state in which was served

may "e adeuate for service of process. (Oloo' to state lon!&arm statutes)

Tie .iit for Ser"ice Rul =(m)have 23@ days after filin! ofcomplaint to serveN doesnt apply for service in forei!n country

/xceptions*. 5:ul!e 1ule6 Rul =(4)(*)() service within 2@@ miles ofcourthouse thou!h out of state ("ut still in IS) only applies toparties joined later as necessary parties

/. Statutory 0nterpleader Rul =(4)(*)(+)

II. OPPORTUNIT TO E 8EARD, >Hveryone is entitled to their day in court.6(#reer)

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SUJECT MATTER JURISDICTION (SMJ) A federal court can hear only certain 'inds of cases+

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/) 0f a corp. has its sole operation in one state and headuarters inanother* the muscle center is re!arded as more si!nificant.

#4er"e Center& where corporate decisions are made or location ofcorporate headuarters

#0uscle Center& where corporation does most of it "usiness or

manufacturin! activities

(+) -nincorporated Associations5 Partnerships(e.!. =a"or unions* no statute) $itiFenship , that of each and every one if its mem"erspartners

(#)'epresentati"esBQ2DD3 (c)(3)C hen a party lac's capacity (minors* incompetents* decedents&"ecause

they have chan!ed their venue) they need to have a representative "ecausethey cant liti!ate on own.

=oo' to citiFenship of represented person not of the representative. This differs from class action where the citiFenship is that of the

representative of the class.

() Assi!nent of claisBQ2DRC $an only assi!n claim for adeuate consideration. There is no collusion

for an a"solute assi!nment of claim where the assi!nor retains no interestin the claim.

hen there is collusion* a court will loo' to the citiFenship of the assi!norof the claim not the assi!nee.

. Aount in Contro"ersyBQ2DD3 (a)(2)C & s claim for recovery ust exceed 6789

not countin! interest and costs.

There must "e a le!ally tena"le possi"ility that recovery will e%ceed K> (!oodfaith)* even thou!h final jud!ment does not have to e%ceed K>. Three reasons

why s claim may not "e !ood faith+

*. =e!al limit. (statute says cannot !et over K> "ased on claim)/. 1emedy is inappropriate. (e.!. punitive dama!es in a contract case)

7. s claim not deservin! of more than K>.

Aggrgat"on o! Cla"ms (a##"ng u' t%o or mor +la"ms to gt o;r B3)

2. $an a!!re!ate claims if one a!ainst one .

3. 7o a!!re!ation with multiple parties unless+

joint claim "y s a!ainst one (e.!. joint owners of real estate sue to !et

uiet title) or one asserts claim a!ainst several s who are jointly lia"le

Eu"tal Rl"! $ourt will uphold jurisdiction if harm to is enou!h* or cost

to is enou!h with respect to amount in controversy.

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II. $EDERAL 1UESTION ($1)BQ2DD2C The district courts shall have ori!inaljurisdiction of all civil actions arisin! under the $onstitution* laws* or treaties of theInited States. The federal courts have e%clusive jurisdiction over areas includin! patent

infrin!ement* "an'ruptcy* civil ri!hts* antitrust and others as provided in QQ2DDD&

2D2. There is no amount in controversy reuirement and the citiFenship of the parties

does not matter in an #/ case. 0n a #/ case* must only satisfy PJ under minimum contacts ($onstitutional test)*

even if state has a more restrictive lon! arm.

A. :ll-Pla## Com'la"nt Rul

#ederal uestion must appear as part of s complaint. :asis of claim itself must

arise under federal law. Is the "indicatin! a federal ri!htK@all other actions 1ules same for diversity and #/ cases.

+an la& ;nu "n,

*. Any district where any resides, if all s reside in the sae state%

BQ2DR2(a* ")(2)C

(a) 0f s reside in different districts of the same state* then can lay venue in

district in which any one of the s reside.

() 5reside6 (for natural persons) , domicile(+) 5reside6 (for corporations) BQ2DR2(c)C , all districts where su"ject to PJ

at time action is commenced. 1ule does not specify whether PJ met "ystate statute or minimum contacts* thus must ar!ue either way. 0n multi&

district state* reside in any district where contacts sufficient for PJ e%ist.0f no contacts sufficient for PJ* reside in district where most si!nificantcontact.

(#) 5reside6 for unincorporated associationsis where it does "usiness.

/. Any district where a su$stantial part of the e"ents or oissions !i"in! riseto the clai occurred%BQ2DR2(a* ")(3)C ;ay "e more than one district.

7. Any district in which any is su"ject toP*at time action is commenced

BQ2DR2(a)(D) , di"ersity casesC or where any may "efoundBQ2DR2(")(D)

, nondi"ersity casesC* if there is no district anywhere in the I.S. whichsatisfies (2) or (3). (?ery 1are)

H.!. 0f a claim arose outside the I.S. a!ainst a not residin! in I.S.

Al"nagcases+ An alien may "e sued in any district that has personaljurisdiction BQ2DR2(d)C. Same rule applies for permanent residents* even thou!hthey possess state citiFenship for Q2DD3 purposes.

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II. TRANS$ER (C8ANE O$ 9ENUE)

0ntra&system transfer+ can transfer across state lines only in federal court $an only transfer from one federal court to another federal court.

Hither a or can transfer a case.

Ruls !or trans!r,

A. $an only transfer to a court that is proper venue and has PJ without waivers "y .

(-offman 5where action mi!ht have "een "rou!ht6)

. Trans!r %0n or"g"nal +ourt %as a 'ro'r ;nu F*==(a)K 5*== Trans!r

*. Every transfer of a case removed from state court must be a 1404 transfer andcannot be a 1406 transfer. -8

T0 St"n Ans%r, *7* #os not a''l& to rmo;# +ass +aus

;nu "s 'ro'r "n t0 #"str"+t t0at n+om'asss t0 stat +ourtt0us t0at #"str"+t +ourt %"ll al%a&s 'ro'r ;nu.

/. OLDLA:R where transferor court lac

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D. Mult"-D"str"+t L"t"gat"on F*=BK

0n ass tortswhere many cases are pendin! in different districts* all suchcases may "e transferred to one district and consolidated for pre&trialproceedin!s. #ollowin! pre&trial crap* cases shall "e remanded* yet not

uncommon for such cases to "e tried to!ether. Transfers need not eet other "enue requireents.

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PLEADINS

I. 8ISTOR

A. Coon .aw Pleadin! 5rit system6 reuired invo'in! writ for particular claim of action.

Primary method for puttin! s on notice and factual development.

. Code Pleadin! Pleadin!s simplified to !ive notice and facilitate decision on merits. #act development shifted to li"eraliFed discovery process. HmphasiFed pleadin! facts 5a statement of the facts constitutin! the cause of

action* in ordinary and concise lan!ua!e.6 1euires more detailed alle!ations.

C. Federal 'ules 2F'CP3 Pleadin!s function to !ive notice and provide mechanism to test le!al

sufficiency of a claim (same as $ode). ;*. $aption

7ame of court Title of action7ame of parties >2$3

7. Parties allowed to adopt "y reference alle!ations found elsewhere in documentrather than restatin!* and ma'e attached written documents part of pleadin! 'ule >;2c3

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=. In+ons"stnt 'la#"ngs+ can plead statements in the alternative

(contradictory) in claim* yet if plead in alternative in separate cases*

alle!ations in one case can "e used as judicial admissions a!ainst in other

case 'ule 2e32E3M M+Corm"+4

. Coplaint 'ule 2a3 ;ost $ode and #1$P provisions !overnin! complaints are su"stantially

similar*. S0ort an# 'la"n statmnt assrt"ng groun# !or +ourts 6ur"s#"+t"on

;ust alle!e S;J for federal courts (dont need to assert PJ) ;any states reuire showin! that trial court selected was proper

Some states reuire alle!e PJ and proper venue "!is nonresident

/. S0ort an# 'la"n statmnt o! +la"m !or rl"!

;ust "e egay and factuay sufficientto support a jud!ment for

(a) Code states+ 5statement of facts constitutin! a cause of action* in

ordinary and concise lan!ua!e* wo repetition.6 5facts6 , 5ultimatefacts6* which courts have difficulty definin!.

(i) alle!e facts too specifically , 5pleadin! the evidence6 (ii) alle!e facts too !enerally , 5pleadin! conclusions of law6

for "oth* court will sustain s challen!e (special demurrer)

(") F'CP states+ avoids term 5facts6.(i) does not reuire statin! 5with particularity6 e!cept+

'ule 2$3- cases of fraud or mista'e 'ule 2!3 claims for special dama!es (dama!es that dont

flow naturally from an event)

7. Dman# !or 6u#gmnt E2a3

2>32A3

O if is Inited States* it has L@ days to do so O &'ule >E2a323

if service waived* must "e served within L@ days from when reuest waiversent -'ule >E2a32>323

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*. ANS:ER& must respond to alle!ations of complaint and raise affirmativedefenses

(a)'espond to alle!ations of coplaint

". A#m"ss"ons 'ule >> actin! in !ood faith also reuired for answers ;ust admit alle!ed facts that are true so that undisputed facts are not at

issue in trial.

"". Dn"als / t&'s,

(A) )eneraldenial short pleadin! denyin! all alle!ations in complaint(:) Specificdenial used to deny alle!ations in specific para!raphs of

complaint(e.!. +ualified !eneral denial 5admit U and deny all of the rest.6)

0f dont deny particular alle!ation* treated as admitted fact

;a'e denials simple and direct 5deny alle!ations in U 96&& #Ar!uentati"e denial&introduces new facts as means of denyin!alle!ations* may "e confusin! or not seen as effective denial

&& #4e!ati"e pre!nant&is too literal denial* may "e seen as admittin!some of facts alle!ed

""". La+4 o! 3no%l#g (#ont 4no%)

$an state lac' 'nowled!e* has effect of a denial

$annot use if access to info or is !eneral 'nowled!e

() 'aise affirati"e defenses

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is permitted & not a reply "c a reply is only to a counterclaimN 'ule>E2e3

/. Mot"on to str"4(either or can raise* more common)'ule >E2f3

()'ule >E2$3 0otions for Disissal

All affirmative defenses must "e in an answer* e%cept any of the 23(")defenses which may "e made "y motion or asserted in the answer.

;ust ma'e 23(") motion "efore responsive pleadin!. (H.!. an answer) 7o defenses are waived merely "ecause they are joined with others in a

motion or answer. (This is the reasonin! for why there is no specialappearance under #1$P)

0f 23(")(3&) defenses not raised in 2st motion* then cannot raise insu"seuent motion "ecause they have "een waived "y'ule >E2!35>E2h32>32A3. Also* cannot "e raised in su"seuent answer "ecause waived "y'ule>E2h32>323.

Rul */() Mot"ons T"m"ng un#r */(0)>E2$32>3 Su"ject ;atter Jurisdiction ;ay "e made at any time ever.>E2$32E3 Personal Jurisdiction 0n 2st1esponse* or else waived.

>E2$323 0mproper ?enue 0n 2st1esponse* or else waived. >E2$32G3 0nsufficient Process 0n 2st1esponse* or else waived. >E2$3283 0nsufficient Service of Process 0n 2st1esponse* or else waived. >E2$32H3 #ailure to State a $laim ;ay "e made up until end of trial. >E2$3273 #ailure to Join an 0ndispensa"le Party ;ay "e made up until end of trial.

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III. DISMISSAL RULE =*

:"t0out 'r6u#"+ 5 $laim can "e re&filed.

:"t0 'r6u#"+ 5 $laim cannot "e re&filed "ecause the dismissal is euivalentto adjudication on the merits.

A. 9oluntar& D"sm"ssal 3 ways a can dismiss without order of the court (notice

of dismissal or stipulation of the parties)

*. may file a not"+ o! #"sm"ssalwithout order of the court* and without

prejudice* at any time "efore ser"es(filed does not , served)an answer or

serves a motion for summary jud!ment (1ule L). 7o other motion will

suffice. -owever* the second tiea files a notice of dismissal "ased on or

includin! the same claim in any federal or state court that had once "eendismissed* it operates as an adjudication on the merits and is dismissed with

prejudice.'ule G>2a32>32i3

/. may file a st"'ulat"on o! #"sm"ssalsi!ned "y all the parties without order

of the court (and without prejudice).'ule G>2a32>32ii3. 0f files a stipulation

after once filin! either a notice of dismissal or a stipulation* still withoutprejudice.

7. $ourt may order dismissal "y terms and conditions as the court deems properif no dismissal "y 92(a)(2)(i) or 92(a)(2)(ii). This is without prejudiceunless

otherwise specified. $ourt will not !rant dismissal if pleads a counterclaim

"efore served with motion to dismiss* unlesscounterclaim is sufficient forindependent adjudication.

. In;oluntar& D"sm"ssal'ule G>2$3 9 ways to for to dismissN

*. #ailure of the to prosecute.

/. #ailure of to comply with #1$P.

7. #ailure of to comply with court order.

=. Any dismissal not provided for in this rule. BH.!. 23(") motionsC

Inless court order specifies otherwise* an involuntary dismissal is withprejudice unless dismissed for lac' of jurisdiction B23(")(2M3)C* improper

venue B23(")(D)C* or failure to join a party B23(")()C under 1ule 2R. 1ule D allows district courts to adopt lo+al rulsas lon! as they dont

conflict with #1$P.

$ourt issues order to to show cause why not to dismiss (OSC) when court

has found that has ta'en no action in specified period of time. 4r in state

practice 5Rul N"s"6 (7i!h&si!h). 0n L"n4* court dismissed case without

warnin! s counsel of dismissal for failure to prosecute. -owever* now

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reuired notice and opportunity to "e heard "efore sanctions can "e imposed.'ule >>2c3.

I9. DE$AULT DE$AULT JUDMENTA. Default 'ule 882a3

*. !ets notation on doc'et sheet "y cler' that failed to respond within 3@

days

can file a motion or answer at any time "efore the default is entered

on the doc'et sheet.

should ma'e motion for enlar!ement of time in which to respond if

!oin! to file a late response (no one really follows this rule "ecause

technically has ri!ht to "e late if no default is on the "oo's. 'ule H2$3

/. cannot o"tain any K or relief on default.

7. can o"tain default "y presentin! federal court cler' with 5affadavit or

otherwise6 showin! failed to plead or otherwise defend win 3@ days*

cler' must enter the default.(Affidavit , sworn statement under penalty ofperjury)

=. hat can do if default has already "een entered

'ule 882c3provides that can ma'e motion to the court to set aside the

default if can show!ood cause. 5H%cusa"le ne!lect6 ualifies as !ood cause.

. Default *ud!ent 'ule 882$3

*. Jud!ment "y the $ler' &'ule 882$32>3(a) #our thin!s needed for cler' to enter default jud!ment+

2. $ase involves a 5sum certain6 or easily calcula"le amount. 4nly loo' at claim* doesnt matter if court costs un'nown until

end of proceedin!s.3. failed to appear if no answer* never appearedD. not an infant or incompetent9. must file affidavit sayin! that 5sum certain is due

() 0f all four satisfied* default jud!ment must "e entered for that amountstated in affidavit (prayed for)* plus costs.(+) $an o"tain this jud!ment immediately after !ettin! default under'ule

882a3if have two copies of affidavit.

/. Jud!ment "y the $ourt 'ule 882$32E3must do this in all cases that dontualify for cler' jud!ment(a) Apply to court for default jud!ment (must "e in writin!).

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() $ourt will then have a hearin!.(+) $ourt considers numerous factors in awardin! default jud!ment+

2. s failure to plead is merely technical.

3. Possi"ility of prejudice to .

D.

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9. AMENDED PLEADINS

A. Aendents Allowed 'ule >82a3

*. has a"solute ri!ht to amend once "efore serves answer(no day

limitation).

/. has a"solute ri!ht to amend answer once within E; daysafter answer

initially served so lon! as responsive pleadin! is not permitted and actionhas not "een placed on trial calendar.

7. General amendment provision allowin! for amendment with courtpermission or stipulation of parties.(a) Parties must ma'e a motion to amend in this situation.() Shall "e !iven freely when justice so reuires.(+) $ourt loo's at factors when ma'in! decision+ delay and prejudice.(#) $onstrued li"erally "ecause courts li'e decidin! on merits not

technicalities.

=. Parties must respond to amended pleadin! under time reuired in (a) or (")*whichever is a lon!er period of time+

(a) ithin 2@ days of "ein! served with amended pleadin!* or() ithin time remainin! for response to ori!inal pleadin!

. Bariance 'ule >82$3, when evidence at trial does not match evidencepresented in pleadin!s (either party can o"ject). 0n code states variance can "e apro"lem* "ut not fatal under #1$P.

*. Amn#mnts to Con!orm to t0 E;"#n+

(a) hen a party does not o"ject to a variance* evidence comes in and istreated as if the issue had "een raised "y pleadin! "ecause that partyimpliedly or e%pressly consented to it "y not o"jectin!.

() Party may then ma'e a motion to amend pleadin! to match evidenceadmitted in trial* "ut this is not reuired.(+) Amendments to conform to evidence must "e made "y motion "y any

party at anytime* even after jud!ment.

/. Mot"on to Amn#

(a) At trial 2(a) 3ndsentence 5shall "e freely !iven when justice soreuires6 does not apply durin! trial. 0nstead* the court may freely allow

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9I. SEL$-POLICIN $OR LA:ERS Rul **A. S"gnatur **(a)

*. Si!nature reuired on the pleadin!* motion or any other writtendocument) "y attorney or pro se liti!ant

/. Si!nature means that document does not need to "eaccompanied "y an affidavit

7. 0f document is not si!ned* it can "e stric'en unless omission iscorrected promptly

. R'rsntat"ons to Court **()

presentin! document to the court is on!oin! certification that

reasona"le inuiry will "e made into the truth as to+*.