Civil Procedure

Question 1

Amending the Answer

Answer 1

Rule 15 of the Rules of Civil Procedure allows for amendment of the pleadings. There is a time period in which the judge must allow the pleadings to be amended. Pleadings can typically be amended if the amendment relates back to the initial pleading – that is, if it could have been pleaded at the time of the initial pleading. Additionally, judges can allow for pleadings to be amended if doing so is required by the interests of justice. But certain defenses must be raised at the time of the Defendant’s first response, whether it be by motion or answer. If a defense, such as improper venue or the raising of an affirmative defense, is not raised, the defense is deemed waived.

Question 2

Summary Judgment

Answer 2

Rule 56 of the Rules of Civil Procedure allows for the granting of a motion for summary judgment where there is no genuine issue of material fact. Summary judgment requires evaluating the evidence in the light most favorable to the nonmoving party.