U.S. v. Ziegler Bolt and Parts Co.
111 F.3d 878 (Fed. Cir. 1997) Cited 112 times
Holding that an agent's authority to accept service may be implied
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 351,086 times 937 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 158,801 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 70,485 times 126 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 36,298 times 145 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 19,849 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion