Motion to Dismiss for Failure to Join a Required Party
A motion arguing that a person who must be part of the case under Rule 19 has not been joined.
-
-
Summons and Service of Process
The formal way a defendant is notified of a lawsuit. The plaintiff must serve the summons together with a copy of the complaint (Rule 4(c)(1)).
-
Motion for a More Definite Statement
A motion asking for a clearer pleading when it is so vague or ambiguous that the party cannot reasonably prepare a response.
-
Waiver of Service
A request asking the defendant to waive formal service of the summons, which saves the cost of service.
-
Proof of Service
A filing that shows the court how, when and on whom a document was served.
-
Application to Proceed In Forma Pauperis
A request to start a case without prepaying the filing fee because the person cannot afford it.
-
Answer
The defendant’s responsive pleading. It admits or denies the allegations of the complaint and states any defenses.
-
Affirmative Defenses
Defenses that defeat or reduce a claim even if the plaintiff’s allegations are true. Rule 8(c)(1) lists examples such as statute of limitations, res judicata, release, payment and waiver.
-
Counterclaim
A claim a defending party asserts against the opposing party.
-
Crossclaim
A claim by one party against a coparty — for example, one defendant against another defendant.