Federal Civil Rules of Procedure

[kasper]

Question: What is the value of the rules (rule 4, and rule 11 specifically) if the court ignores them? In the case at hand, plaintiff chose, for good an sufficient reason, not to proceed with complaint filed as filed. Defendants counsel, and defendants fabricated a false document indicating service of waiver of summons and filed a motion to dismiss. I had not served any document on the defendants, or the court, especially the waiver form required by rule four. Knowing that any such document, or waiver indicating I had, was a fraudulent document, and a fraud on the court, I decided to observe rather than respond to the motion to dismiss. To my surprise the court ignored all the rules dictating required actions by a plaintiff and adjudicated the case by dismissing the complaint, with prejudice. Why have rules, if they can be ignored at will?

 

[Michael Wechsler]

I'm not sure I understand. An answer is an answer and if it contains fraudulent documents, you respond in your answer and state such. And how is this relevant to the topic in this area?