Answer Flashcards

1
Q

Rule 8(c)

A

Affirmative Defenses
must affirmatively state any avoidance or affirmative defense.
defenses not claimed are lost.

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2
Q

Rule 8(d)

A

may state multiple claims or defenses
in alternative
not required to be consistent

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3
Q

Rule 11

A

(a) signature says accurate
(b) not for improper purpose
(c) sanctions
(d) not for discovery

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4
Q

9(b)

A

fraud or mistake can also be raised as a defense.

same heightened pleading requirement for statement with particularity

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5
Q

Rule 8(b)

A

(1) short and plain statement of denial
(2) denial must be fair response
(3) general and specific denials permitted
(4) can deny in part
(5) denial by stating lack of information or belief
(6) failure to deny is an admission

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6
Q

Rule 10

A

form of pleadings

caption, paragraphs, numbered

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7
Q

Rule 12(c)

A

Motion for Judgment on the Pleadings

made any time after pleadings are closed but before it would cause a delay of trial

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