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Rule 7 – Pleadings allowed

(through July 14, 2022)

(a) Pleadings. Only these pleadings are allowed: (1) a complaint; (2) an answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer to a crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and (7) if the court orders one, a reply to an answer.

(b) Motions and Other Papers. (1) In General. A request for a court order must be made by motion. The motion must: (A) be in writing unless made during a hearing or trial; (B) state with particularity the grounds for seeking the order; and (C) state the relief sought. (2) Form. The rules governing captions and other matters of form in pleadings apply to motions and other papers.

Selected Committee Notes 

The language of Rule 7 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.

Former Rule 7(a) stated that “there shall be * * * an answer to a cross-claim, if the answer contains a cross-claim * * *.” Former Rule 12(a)(2) provided more generally that “[a] party served with a pleading stating a cross-claim against that party shall serve an answer thereto * * *.” New Rule 7(a) corrects this inconsistency by providing for an answer to a crossclaim.

For the first time, Rule 7(a)(7) expressly authorizes the court to order a reply to a counterclaim answer. A reply may be as useful in this setting as a reply to an answer, a third-party answer, or a crossclaim answer.

Former Rule 7(b)(1) stated that the writing requirement is fulfilled if the motion is stated in a written notice of hearing. This statement was deleted as redundant because a single written document can satisfy the writing requirements both for a motion and for a Rule 6(c)(1) notice.

The cross-reference to Rule 11 in former Rule 7(b)(3) is deleted as redundant. Rule 11 applies by its own terms. The force and application of Rule 11 are not diminished by the deletion.

Former Rule 7(c) is deleted because it has done its work. If a motion or pleading is described as a demurrer, plea, or exception for insufficiency, the court will treat the paper as if properly captioned.

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Key Civ Pro Laws (MBE/MEE)

Constitutional Provisions

• Article III, section 2
• Fifth Amendment
• Seventh Amendment
• Fourteenth Amendment

U.S. Code

• Section 1291 – Final decisions of district courts
• Section 1292 – Interlocutory decisions
• Section 1331 – Federal question
• Section 1332 – Diversity
• Section 1335 – Interpleader
• Section 1338 – Intellectual Property
• Section 1359 – Parties collusively joined or made
• Section 1367 – Supplemental jurisdiction
• Section 1391 – Venue generally
• Section 1397 – Interpleader
• Section 1404 – Change of venue
• Section 1406 – Cure or waiver of defects
• Section 1407 – Multidistrict litigation
• Section 1441 – Removal generally
• Section 1446 – Removal procedure
• Section 1447 – Post-removal procedure
• Section 1738 – Full faith and credit
• Section 1870 – Challenges
• Section 2072 – Rules of procedure and evidence; power to subscribe
• Section 2361 – Process and procedure

FRCP

• Rule 3 – Commencing an action
• Rule 4 – Summons
• Rule 6 – Computing and extending time
• Rule 7 – Pleadings allowed
• Rule 8 – General pleading rules
• Rule 9 – Pleading special matters
• Rule 10 – Form of pleadings
• Rule 11 – Signing pleadings, motions, and other papers
• Rule 12 – Defenses and objections
• Rule 13 – Counterclaim and crossclaim
• Rule 14 – Third-party practice
• Rule 15 – Amended and supplemental pleadings
• Rule 16 – Pretrial conferences, scheduling, management
• Rule 19 – Required joinder of parties
• Rule 20 – Permissive joinder of parties
• Rule 22 – Interpleader
• Rule 23 – Class actions
• Rule 24 – Intervention
• Rule 25 – Substitution
• Rule 26 – Duty to disclose
• Rule 30 – Depositions by oral examination
• Rule 31 – Depositions by written questions
• Rule 33 – Interrogatories
• Rule 34 – Producing documents, electronically stored information, and tangible things
• Rule 35 – Physical and mental examinations
• Rule 36 – Requests for admission
• Rule 37 – Failure to make disclosures or to cooperate in discovery
• Rule 38 – Right to a jury trial
• Rule 41 – Dismissal of actions
• Rule 42 – Consolidation; separate trials
• Rule 45 – Subpoena
• Rule 47 – Selecting jurors
• Rule 48 – Number of jurors; verdict; polling
• Rule 49 – Special verdict; general verdict and questions
• Rule 50 – Judgment as a matter of law in a jury trial
• Rule 51 – Instructions to the jury; objections; preserving a claim of error
• Rule 52 – Findings and conclusions by the court; judgment on partial findings
• Rule 54 – Judgment, costs
• Rule 55 – Default
• Rule 56 – Summary judgment
• Rule 59 – New trial; altering or amending a judgment
• Rule 60 – Relief from a judgment or order
• Rule 65 – Injunctions and restraining orders

FRAP

• Rule 4 – Appeal as of right
• Rule 21 – Extraordinary writs