Complaint Flashcards
Rule 8(a)
(1) jurisdiction
(2) short and plain statement of claim showing that pleader is entitled to relief
(3) demand for relief
Rule 10
Format for Pleadings
caption, paragraphs, numbered…
12(b)
Motion Defenses. if responsive pleading required
(1) subject matter jurisdiction
(2) personal jurisdiction
(3) venue
(4) improper process
(5) improper service of process
(6) failure to state a claim upon which relief can be granted
(7) failure to join a required party
Rule 12(e)
motion for more definitive statement
12(f)
motion to strike
8(d)
(1) allegations simple, concise, and direct
(2) may set multiple claims or claims in alternative
(3) claims and defenses not required to be consistent
Rule 11
(a) Signature
(b) proper purpose
(c) sanctions
Rule 9(b)
Fraud or Mistake claims.
heightened pleading requirement, must state with particularity
Rule 7
(a) Type of Pleadings
(b) Motions