Answer Flashcards
Rule 8(b)(1): What must a party do when responding to a complaint?
In responding to a plead, a party must:
(a) State in short and plain terms its defenses to each claim asserted; and
(b) Admit or deny the allegations against it.
Rule 8(b): What are the types of response a party may answer to a complaint?
1) Denials: A denial must fairly respond to the substance of the allegation;
2) General and Special Denial: a party that intends to deny, in good faith, all the allegations of pleading, may do so by a general denial. But other than this, a party must specifically admit or deny all other allegations.
3) Lack knowledge or information: A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state and the statement has the effect of a denial.
Rule 8(b): What happens if a party answering fails to respond?
An allegation - other than one relating to the amount of damages - is admitted if a responsive pleading is required and the allegation is not denied.
Rule 8(c): Affirmative defenses
In responding to pleading, a party must affirmatively state any avoidance or affirmative defense. If they do not assert this at the time of the answer, the defense is waived.
Rule 12(a): When must a defendant serve an answer?
within 21 days of service.
Rule 12(b)(6): What is a failure to state a claim upon which relief can be granted.
All allegations will be considered true and in the light most favorable to the pleading party. If there is not sufficient factual matter, when accepted as true, then the claim will be dismissed.
Rule 12(e): Motion for a more definite statement
A party can move to have the other party make a more definite statement when there is a vagueness or an ambiguity within the complaint.
Rule 12(f): Motion to Strike
The court may strike from any pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may do this on it own, or by a parties motion.
Rule 12(g): Joining Motions
A motion under this rule may be joined with any other motion allowed under this rule.
