Clean hands , sometimes called the clean hands doctrine , unclean hands doctrine , or dirty hands doctrine , is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint —that is, with "unclean hands". The defendant has the burden of proof to show the plaintiff is not acting in good faith . The doctrine is often stated as "those seeking equity must do equity" or "equity must come with clean hands". This is a matter of protocol, characterised by A. P. Herbert in Uncommon Law by his fictional Judge Mildew saying (as Herbert says, "less elegantly"), "A dirty dog will not have justice by the court".
59-537: A defendant's unclean hands can also be claimed and proven by the plaintiff to claim other equitable remedies and to prevent that defendant from asserting equitable affirmative defenses . In other words, 'unclean hands' can be used offensively by the plaintiff as well as defensively by the defendant. Historically, the doctrine of unclean hands can be traced as far back as the Fourth Lateran Council . " He who comes into equity must come with clean hands "
118-420: A civil action is commenced by filing a complaint with the court. Rule 4 deals with procedure for issuance of a summons , when the complaint is filed, and for the service of the summons and complaint on the defendants. Rule 5 requires that all papers in an action be served on all parties and be filed with the court. Rule 6 deals with technical issues, which concern the computation of time, and authorizes
177-417: A claim or defense alternatively or hypothetically." If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient. A party may state inconsistent (even mutually exclusive) claims or defenses. In addition to notice pleading, a minority of states ( e.g. , California ) use an intermediate system known as code pleading , which is a system older than notice pleading and which
236-504: A counterclaim, or it must relate to the property in the original suit. Rule 14 allows parties to bring in other third parties to a lawsuit. Rule 15 allows pleadings to be amended or supplemented. Plaintiffs may amend once before an answer is filed, a defendant can amend once within 21 days of serving an answer, and if there is no right to amend, seek leave of court ("leave shall be given when justice so requires.") Rules 17 to 25. Rule 17 states that all actions must be prosecuted in
295-409: A mistake of fact claim in a prosecution for intentional drug possession, where the defendant asserts that he or she mistakenly believed that the object possessed was an innocent substance. Because this defense simply shows that an element of the offense (knowledge of the nature of the substance) is not present, the defendant does not have any burden of persuasion with regard to a negating defense. At most
354-500: A party for any reason, such as lack of jurisdiction, inability to be located, etc., then the court uses the criteria in subsection (b) to determine if the absent party is "indispensable". If so, the action must be dismissed. Rule 20 Permissive Joinder of Parties. Joinder of parties at common law was controlled by the substantive rules of law, often as reflected in the forms of action, rather than by notions of judicial economy and trial convenience. Permissive joinder of plaintiffs allows
413-472: A plaintiff bringing a trespass suit would have to mention certain key words in his complaint or risk having it dismissed with prejudice. In contrast, the FRCP is based upon a legal construction called notice pleading , which is less formal, is created and modified by legal experts, and is far less technical in requirements. In notice pleading, the same plaintiff bringing suit would not face dismissal for lack of
472-444: A plaintiff seeks to assert a right belonging to a corporation (or similar entity) in which the plaintiff is a shareholder, on behalf of the corporation that is not pursuing the claim itself. Rule 23.2 governs actions by or against unincorporated associations. Rules 26 to 37. Title V covers the rules of discovery . Modern civil litigation is based upon the idea that the parties should not be subject to surprises at trial. Discovery
531-416: A right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact)." Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 127 S.Ct. 1955 (No. 05-1126) (2007) (citations, internal quotation marks and footnote omitted). 12(b)(6) is the second of three procedural "hurdles" a cause of action must surmount before it gets to a trial (the first are
590-495: A significant decline in spoliation rulings in subsequent years. Federal procedure also requires parties to divulge certain information without a formal discovery request, in contrast to many state courts where most discovery can only be had by request. Information covered by this initial disclosure is found in Rule 26(a)(1)(A), includes information about potential witnesses, information/copies about all documents that may be used in
649-514: A small minority of federal civil cases to the majority of them. At the end of 2018, for the first time ever, more than half of all pending federal civil actions had been centralized into MDLs. In other words, over half of all federal civil actions were not actually being litigated under the FRCP, but under ad hoc procedures crafted by federal district judges to manage complex civil litigation. In response to these developments, many attorneys representing both plaintiffs and defendants have argued that
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#1732757491292708-573: Is "authorized by the law" and a copyright holder must consider the existence of fair use before sending a takedown notification under § 512(c)." Federal Rules of Civil Procedure The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P. ; colloquially FRCP ) govern civil procedure in United States district courts . They are the companion to the Federal Rules of Criminal Procedure . Rules promulgated by
767-414: Is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations , the statute of frauds , waiver , and other affirmative defenses such as, in the United States , those listed in Rule 8 (c) of
826-479: Is a sort of "mission statement" for the FRCP; Rule 1 states that the rules "shall be construed and administered to secure the just, speedy, and inexpensive determination of every action." Rule 2 unifies the procedure of law and equity in the federal courts by specifying that there shall be one form of action, the " civil action ". Rules 3 to 6. Title II covers commencement of civil suits and includes filing, summons, and service of process . Rule 3 provides that
885-766: Is an affirmative defense at common law)], which the prosecution has the burden of disproving beyond a reasonable doubt. Rule 8 of the Federal Rules of Civil Procedure governs the assertion of affirmative defenses in civil cases that are filed in the United States district courts . Rule 8(c) specifically enumerates the following defenses: " accord and satisfaction , arbitration and award, assumption of risk , contributory negligence , discharge in bankruptcy , estoppel , failure of consideration , fraud , illegality , injury by fellow servant , laches , license , payment , release , res judicata , statute of frauds , statute of limitations , waiver , and any other matter constituting an avoidance or affirmative defense." Rule 11 of
944-469: Is an equitable maxim in English law. The maxim prevents those who have acted improperly in some way relating to the matter at hand from seeking a remedy or relief. Essentially, anyone with 'unclean hands', someone who has in some way contributed to their own injury or loss, or has in some other way acted dishonourably relating to the matter will be prevented by a court from remedy or relief regardless of how
1003-410: Is based upon legislative statute . It tends to straddle the gulf between obsolete common-law pleading and modern notice pleading. Code pleading places additional burdens on a party to plead the "ultimate facts" of its case, laying out the party's entire case and the facts or allegations underlying it. Notice pleading, by contrast, simply requires a "short and plain statement" showing only that the pleader
1062-455: Is entitled to relief . (FRCP 8(a)(2)). One important exception to this rule is that, when a party alleges fraud , it must plead the facts of the alleged fraud with particularity. (FRCP 9(b)). Rule 10 describes what information should be in the caption (the front page) of a pleading, but does not explain how such information should actually be organized in the caption. The FRCP is notoriously vague on how papers should be formatted. Most of
1121-657: Is not always an affirmative defense; the burden of persuasion may instead fall to the copyright owner in Digital Millennium Copyright Act (DMCA) infringement actions. In a case challenging a takedown notice issued under the DMCA, the Ninth Circuit held in Lenz v. Universal Music Corp. that the submitter of a DMCA takedown request (who would then be the plaintiff in any subsequent litigation) has
1180-461: Is the process whereby civil litigants seek to obtain information both from other parties and from non parties (or third parties). Parties have a series of tools with which they can obtain information: FRCP Rule 37 oversees the possible sanctions that someone may seek if a failure to preserve data takes place and outlines how courts may apply sanctions or remedial measures. Updates to FRCP Rule 37 went into effect on December 1, 2015, and have led to
1239-619: The Federal Equity Rules and the Conformity Act (28 USC 724 (1934)) merging the procedure for cases, in law and equity . The Conformity Act required that procedures in suits at law conform to state practice, usually the Field Code or a pleading system based on common law . Before the FRCP were established, common-law pleading was more formal, traditional, and particular in its phrases and requirements. For example,
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#17327574912921298-443: The Federal Rules of Civil Procedure requires that affirmative defenses be based on "knowledge, information, and belief, formed after an inquiry reasonable under the circumstances," and cannot consist of a laundry list of all known affirmative defenses. An affirmative defense is different from a "negating defense". A negating defense is one which tends to disprove an element of the plaintiff's or prosecutor's case. An example might be
1357-404: The Federal Rules of Civil Procedure . In criminal prosecutions, examples of affirmative defenses are self defense , insanity , entrapment and the statute of limitations . In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes
1416-807: The United States Supreme Court pursuant to the Rules Enabling Act become part of the FRCP unless, within seven months, the United States Congress acts to veto them. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States , the federal judiciary's internal policy-making body. At the time 28 USC 724 (1934) was adopted, federal courts were generally required to follow
1475-446: The FRCP should be amended to expressly address the unique requirements of MDLs. There are 87 rules in the FRCP, which are grouped into 11 titles. There are also two separate supplemental rules governing certain actions under admiralty law (Rules B-F) and civil forfeiture (Rule G); and for individual social security actions (Supplemental Rules 1-8). Listed below are the most commonly used categories and rules. Rules 1 and 2. Title I
1534-648: The FRCP unified the civil and admiralty procedure, and added the Supplemental Rules for Certain Admiralty and Maritime Claims, now Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions . The FRCP were rewritten with respect to style, effective December 1, 2007, under the leadership of law professor and editor of Black's Law Dictionary Bryan A. Garner , for the avowed purpose of making them easier to understand. The style amendments were not intended to make substantive changes in
1593-450: The adversary has treated them. The maxim protects the integrity of a court. The clean hands doctrine is used in US patent law to deny equitable or legal relief to a patentee that has engaged in improper conduct, such as using the patent to extend monopoly power beyond the claims of the patent. Affirmative defense An affirmative defense to a civil lawsuit or criminal charge
1652-399: The attorney (if party is represented). It also provides for sanctions against the attorney or client for harassment, frivolous arguments, or a lack of factual investigation. The purpose of sanctions is deterrent, not punitive. Courts have broad discretion about the exact nature of the sanction, which can include consent to in personam jurisdiction, fines, dismissal of claims, or dismissal of
1711-455: The burden to consider fair use prior to submitting the takedown request. "Even if, as Universal urges, fair use is classified as an 'affirmative defense,' we hold—for the purposes of the DMCA—fair use is uniquely situated in copyright law so as to be treated differently than traditional affirmative defenses. We conclude that because 17 U.S.C. § 107 created a type of non-infringing use, fair use
1770-487: The claim, and a demand for judgment. It also allows relief in the alternative, so the plaintiff does not have to pre-guess the remedy most likely to be accepted by the court. Rule 8(b) states that the defendant 's answer must admit or deny every element of the plaintiff's claim. Rule 8(c) requires that the defendant 's answer must state any affirmative defenses . Rule 8(d) maintains that each allegation be "simple, concise, and direct" but allows "2 or more statements of
1829-419: The course of litigation, and 12(b)(6) and 12(b)(7) motions may be filed at any time until trial ends. Rule 13 describes when a defendant is allowed or required to assert claims against other parties to the suit ( joinder ). The law encourages people to resolve all their differences as efficiently as possible; consequently, in many jurisdictions, counterclaims (claims against an opposing party) that arise out of
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1888-479: The court if the plaintiff fails to comply with deadlines or court orders. Rule 42 deals with consolidation of related cases or the holding of separate trials. Rule 43 addresses the taking of testimony, which is to be taken in open court whenever possible. Rule 44 governs authentication of official records. Rule 45 deals with subpoenas . A subpoena commands a person to give testimony, to produce documents for inspection and copying, or both. Although included in
1947-405: The court in which it is brought or be subject to dismissal. Rule 19 – Compulsory Joinder of Parties – if a person who is not a party to the suit is "necessary" to just adjudication of the action, under the criteria set forth in subsection (a), then upon motion of any party that person shall be made a party, served with suit, and required to participate in the action. If the person cannot be made
2006-425: The court within 14 days after the conference. The Discovery Plan must state the parties' proposals on subject of the discovery, limitations on discovery, case management schedule and timing deadlines for each stage of the discovery process, including: Unless all parties agree otherwise, the parties should submit to each other the initial disclosures under Rule 26(a) within 14 days after the conference. Only after
2065-423: The courts to extend certain deadlines in appropriate circumstances. Rules 7 to 16. Title III covers pleadings , motions , defenses, and counterclaims . The plaintiff's original pleading is called a complaint . The defendant's original pleading is called an answer . Rule 8 (a) sets out the plaintiff's requirements for a claim: a "short and plain statement" of jurisdiction , a "short and plain statement" of
2124-503: The defendant has the burden of producing sufficient evidence to raise the issue . In Campbell v. Acuff-Rose Music, Inc. , the United States Supreme Court held that fair use was an affirmative defense to copyright infringement . This means that in litigation on copyright infringement, the defendant bears the burden of raising and proving that the use was fair and not an infringement. However, fair use
2183-424: The details missing from the FRCP are to be found in local rules promulgated by each district court and in general orders by each individual federal judge. For example, federal courts in most West Coast states require line numbers on the left margin on all filings (to match local practice in the courts of the states in which they sit), but most other federal courts do not. Rule 11 requires all papers to be signed by
2242-438: The discovery process, it requires the plaintiff to initiate a conference between the parties to plan the discovery process. The parties must confer as soon as practicable after the complaint was served to the defendants—and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b). The parties should attempt to agree on the proposed discovery plan, and submit it to
2301-538: The entire case. The current version of Rule 11 is much more lenient than its 1983 version. Supporters of tort reform in Congress regularly call for legislation to make Rule 11 stricter. Rule 12 (b) describes pretrial motions that can be filed. The Rule 12(b)(6) motion, which replaced the common law demurrer , is how lawsuits with insufficient legal theories underlying their cause of action are dismissed from court. For example, assault requires intent , so if
2360-501: The exact legal term, as long as the claim itself was legally actionable . The policy behind this change is to simply give "notice" of grievances and to leave the details for later in the case. This acts in the interest of equity by concentrating on the actual law rather than the exact construction of pleas. The Field Code, which was adopted between 1848 and 1850, was an intermediate step between common law and modern rules, created by New York attorney David Dudley Field . The Field Code
2419-435: The initial disclosures have been sent, the main discovery process begins which includes: depositions , interrogatories , request for admissions (RFA) and request for production of documents (RFP). As stated above, there is a limitation on number of interrogatories and depositions, but there is no limitation on RFAs and RFPs. Some states, like California, have different limitations set in their Local Rules. FRCP requires that
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2478-463: The name of the real party in interest, that is, the plaintiff must be person or entity whose rights are at issue in the case. Rule 18 – Joinder of Claims and Remedies – states that a plaintiff who may plead in a single civil action as many claims as the plaintiff has against a defendant, even if the claims are not related, and may request any remedy to which the law entitles the plaintiff. Of course, each claim must have its own basis for jurisdiction in
2537-416: The party to whom the request for Interrogatories, RFA or RFP is directed must respond in writing within 30 days after being served, otherwise the requestor can file a motion to compel discovery and for sanctions. Rules 38 to 53. Title VI deals generally with the trial of civil actions, although some other topics are also included. Rules 38 and 39 deal with the parties' right to a trial by jury and
2596-539: The party's claim (excluding impeachment material), computations of damages, and insurance information. Information about any expert witness testimony is also required. Notable exceptions to the discovery rules include impeachment evidence/witnesses, "work product" (materials an attorney uses to prepare for the trial especially documents containing mental impressions, legal conclusions, or opinions of counsel), and experts who are used exclusively for trial prep and will not testify. FRCP Rule 26 provides general guidelines to
2655-451: The plaintiff has failed to plead intent, the defense can seek dismissal by filing a 12(b)(6) motion. "While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise
2714-419: The plaintiff prior to the defendant's filing of an Answer or Motion for Summary Judgment. In such an instance, the court retains jurisdiction only to award attorneys fees or costs (in rare circumstances). With certain exceptions (e.g. class actions), an action may also be dismissed at any time by agreement of the parties (e.g. when the parties reach a settlement). An action may also be involuntarily dismissed by
2773-459: The plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. Consequently, affirmative defenses limit or excuse a defendant's criminal culpability or civil liability . A clear illustration of an affirmative defense is self defense . In its simplest form, a criminal defendant may be exonerated if he can demonstrate that he had an honest and reasonable belief that another's use of force
2832-412: The plaintiff, generally the party who offers an affirmative defense bears the burden of proof . The standard of proof is typically lower than beyond a reasonable doubt . It can either be proved by clear and convincing evidence or by a preponderance of the evidence . In this respect, affirmative defenses differ from ordinary defenses [claim of right, alibi, infancy, necessity, and self-defense (which
2891-508: The plaintiffs having an option to join their claims when they were not joint. (Ryder v. Jefferson Hotel Co.) Rule 22 governs the procedure for interpleader . It allows an interpleader to be brought by a plaintiff who is subject to multiple liability even though 1. the claims or title they are based on lack common origin, are independent and averse and 2. the plaintiff denies any of the claims in whole or part. A defendant exposed to similar liability may also seek interpleader. Rule 23 governs
2950-479: The procedural rules of the states in which they sat, but they were free to apply federal common law in cases not governed by a state constitution or state statute. Whether within the intent of Congress or not when adopting 28 USC 724 (1934), the situation was effectively reversed in 1938, the year the Federal Rules of Civil Procedure took effect. Federal courts are now required to apply the substantive law of
3009-403: The procedure for class action litigation. In a class action, a single plaintiff or small group of plaintiffs seeks to proceed on behalf of an entire class who have been harmed by the same conduct by the same defendants; actions against classes of defendants are also theoretically permitted. Court approval is required for this procedure to be used. Rule 23.1 governs derivative suits in which
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#17327574912923068-680: The procedure for requesting a jury trial instead of a bench trial and trials by an advisory jury . These rules must be construed in light of the Seventh Amendment to the United States Constitution , which preserves a right to jury trial in most actions at common law (as opposed to equity cases). Rule 40 deals in general terms with the order in which cases will be scheduled for trial and has little significance in practice. Rule 41 deals with dismissal of actions. An action may be voluntarily dismissed at any time by
3127-514: The rules. Effective December 1, 2009, substantial amendments were made to rules 6, 12, 13, 14, 15, 23, 27, 32, 38, 48, 50, 52, 53, 54, 55, 56, 59, 62, 65, 68, 71.1, 72 and 81. While rules 48 and 62.1 were added. Rule 1(f) was abrogated. The majority of the amendments affect various timing requirements and change how some deadlines are calculated. The most significant changes are to Rule 6. The FRCP does not apply to civil actions centralized into multidistrict litigations (MDLs), which have grown from
3186-407: The same transaction or occurrence (compulsory counterclaims) must be brought during the original suit, or they will be barred from future litigation ( preclusion ). Any counterclaims may be brought, even if they are not compulsory (permissive counterclaims), however a crossclaim (claims against a coparty), while not compulsory, must arise out of the same transaction or occurrence of the original suit or
3245-426: The states as rules of decision in cases where state law is in question, including state judicial decisions, and the federal courts almost always are required to use the FRCP as their rules of civil procedure. States may determine their own rules, which apply in state courts , although 35 of the 50 states have adopted rules that are based on the FRCP. The Rules, established in 1938, replaced the earlier procedures under
3304-434: The subject of contentious litigation. Among the most controversial affirmative defenses is the insanity defense , whereby a criminal defendant seeks to be excused from criminal liability on the ground that a mental illness, at the time of the alleged crime, prevented him or her from understanding the wrongful nature of his or her actions. Because an affirmative defense requires an assertion of facts beyond those claimed by
3363-704: The two jurisdictional dismissals, found in 12 (b)(1) and (2), and the third is summary judgment, found in Rule 56). A 12(b)(6) motion cannot include additional evidence such as affidavits . To dispose of claims with insufficient factual basis (where the movant must submit additional facts to demonstrate the factual weakness in the plaintiff's case), a Rule 56 motion for summary judgment is used. Rules 12(g) and 12(h) are also important because they state that if 12(b)(2)-12(b)(5) motions are not properly bundled together or included in an answer/allowable amendment to an answer, they are waived. Additionally, because 12(b)(1) motions are so fundamental, they may never be waived throughout
3422-689: Was partially inspired by civil law systems in Europe and Louisiana, and among other reforms, merged law and equity proceedings. Significant revisions have been made to the FRCP in 1948, 1963, 1966, 1970, 1980, 1983, 1987, 1993, 2000, and 2006. The FRCP contains a notes section that details the changes of each revision since 1938, explaining the rationale behind the language. The revisions that took effect in December 2006 made practical changes to discovery rules to make it easier for courts and litigating parties to manage electronic records. The 1966 amendments to
3481-402: Was unlawful and that the defendant's conduct was necessary to protect himself. Most affirmative defenses must be pleaded in a timely manner by a defendant in order for the court to consider them, or else they are considered waived by the defendant's failure to assert them. The classic unwaivable affirmative defense is lack of subject-matter jurisdiction . The issue of timely assertion is often
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