Civ Pro

Question 1

Types of Pleadings (Rule 7A)

Answer 1

1. Complaint
2. Answer to Complaint
3. Answer to Counterclaim
4. Answer to Cross-Claim
5. Answer to Third Party Complaint
6. Third Party Complaint
7. Reply to Answer, if ordered by court

Question 2

Form of Pleadings (Rule 10)

- Pleading Caption

Answer 2

a) Every pleading must have a caption with court’s name, title, file #, Rule 7(a) designation. Title of complaint must name all parties; Title of other pleadings, after naming the first party on each side, may refer generally to other parties.

Question 3

Form of Pleadings (Rule 10) - Statements

Answer 3

b) party must state claims/defenses in # paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by # to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence - & each defense other than a denial - must be stated in a separate count or defense
c) Statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion. A copy of a written instrument that is an exhibit to a pleading is a part of that pleading for all purposes

Question 4

A pleading that states a claim for relief must contain...
Rule 8(a)

Answer 4

1. short & plain statement of grounds for the court’s jdx, unless the court already has jdx & claim needs no new jdx support
2. s&p statement of claim showing pleader is entitled to relief
3. Demand for relief sought, which may incl relief in the alt or different types of relief

Question 5

Rule 8(d)

Answer 5

1. Each allegation must be simple, concise & direct.
2. A party may set out 2 or + statements of a claim or defense alt or hypothetically, either in a single count or defense or in separate ones. If a party makes alt statements, the pleading is sufficient if any on of them is sufficient
3. A party may state as many separate claims or defenses as it has, regardless of consistency.

Question 6

Rule 8(e)

Answer 6

Pleadings must be construed so as to do justice.