Complaint and Pleadings Flashcards
Under Rule 7, what are pleadings? (6 of them)
Complaint Answer to Complaint Answer to Counterclaim Answer to crossclaim 3rd party complaint Answer to 3rd party complaint
What does rule 8a govern?
The complaint
What must the claim for relief contain?
A short and plain statement for the court’s jurisdiction
A short and plain statement of the claim showing that the pleader is entitled to relief (plausible facts)
A demand for the relief sought
What is the burden of pleading? (why is necessary?)
PPP
The claim must show that the defendant’s unlawful actions were plausible and more than a sheer possibility.
What is the standard of review for the complaint?
The court will take the facts as true, but legal conclusions are not treated as facts
True/False: A default judgment can differ in kind or exceed in amount from what is demanded in the pleadings
False
What is default judgement based on?
Default judgement is based on the D not responding to anything so the court gives the P an automatic win
Under Rule 10b, how must a party state its claims?
A party must state its claims or defenses in numbered paragraphs.
Can a case be dismissed for failure to comply with Rule 10 b?
Usually no. A court is most likely to going to allow the party time to amend
Each claim founded on a seperate T&O and each defense other than a denial must be ____
Stated in a separate count or defense
Under rule 9b, when alleging fraud or mistake, what must a party do ?
In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake
What is the GR for special damages?
Damages which are not the necessary and inevitable result must be pled with specificity
What is a special damage?
A damage that is unusual
If the damages flow from the same T&O and would not surprise the D, are they special damages?
No
Under Rule 12a, what is the time requirement to answer a counterclaim or crossclaim ?
21 days
When must a motion for a more definite statement be filed under Rule 12e?
It must be done before filing a responsive pleading
What is the purpose of a motion for more definite statement? (there are 3: R/R/M)
The motion for a more definite statement is to acquire more information so the defendant(s) can respond adequately in an answer, raise potential defenses, or to make a motion with the court.
When striking from a pleading an insufficent defense or any redundant, immaterial, impertinent, or scandalous matters, how may the court accomplish this under Rule 12f?
The court may act on its own
or
The court may act on a motion made by a party before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading.
What must be shown in a Rule 12f strike?
Must show prejudice
Under Rule 12g, service of process pleadings must be made _____
in a D’s initial response., whether by motion or in an answer or it is waived