Civil Procedure M2 (Pleadings) Flashcards
Pleadings (Rule 6)
Define a pleading
R6 S1 - Pleadings are written statements of the respective claims & defenses of the parties submitted to the court for appropriate judgement
What are the pleadings allowed
[5CAR]
R6 S2 - The claims of a party are asserted in a;
complaint
counterclaim
cross-claim
third (fourth, etc.)-party complaint
complaint-in-intervention
Answer
Reply
what is a complaint?
R6 S3 - The complaint is the pleading alleging the plaintiff’s or claiming party’s cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.
What is an answer?
R6 S4 - An answer is a pleading in which a defending party sets forth his defenses
What is a negative defense?
R6 S5 - Negative defense is a specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action
What is an affirmative defense
R6 S5 - An affirmative defense is an allegation of a new matter which, while hypothetically admitting to the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him
Enumerate the affirmative defenses
R6 S5(b)
- Statute of limitations
- release
- payment
- illegality
- statute of frauds
- estoppel
- former recovery
- discharge in bankruptcy
- any other matter by way of confession and avoidance
What is a counter claim?
R6 S6 - A counterclaim is any claim which a defending party may have against an opposing party.
What is a compulsory counterclaim?
R6 S7 - “A compulsory counterclaim is one which, being cognizable in regular courts of justice(SC-MTC), arises out of OR is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim…”
What is a cross-claim?
R6 S8 - A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter EITHER of the original action OR a counterclaim therein…”
What is the ground of immateriality and irrelevance during the trial?
When a particular matter is being asked that is not in the pleadings then it will be objected upon
What is a motion of a bill of particulars?
If not plaintiff did not properly identify or state particular facts in their complaint, the defendant’s remedy is to file a motion of bill of particulars to request more details in the allegations.
In a monetary claim case, what are its ultimate facts?
Defendant is indebted
Upon maturity, debtor failed to pay
What is the actionable document in a real estate transaction? What is an actionable document
Deed of sale
What is an actionable document?
A document which is the basis of the complaint or answer
