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An analysis of section 1391 of the united states code, focusing on the venue and residency requirements for corporations in civil actions. It covers the concept of an entity's capacity to sue and be sued, the rules for multiple district states, and examples of venue and jurisdiction in various cases. Additionally, it discusses defenses, pre-answer motions, and the federal rules of civil procedure related to these topics.
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Corporate residence:
§ 1391(c)(2) an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court's personal jurisdiction with respect to the civil action in question
12(e) Motion for a More Definite Statement. A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.
FRCP 12(a) Time to Serve a Responsive Pleading. (1) In General. Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows: (A) A defendant must serve an answer: (i) within 21 days after being served with the summons and complaint; or (ii) if it has timely waived service under Rule 4(d), within 60 days after the request for a waiver was sent... (B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim. (C) A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time.
FRCP 8(b) Defenses; Admissions and
Denials.
(1) In General. In responding to a
pleading, a party must:
(A) state in short and plain terms
its defenses to each claim asserted
against it; and
(B) admit or deny the allegations
asserted against it by an opposing
party.
