Complaints

Question 1

Contents (Rule 8) – must contain three items:

Answer 1

• Grounds for subject-matter jurisdiction;
• Statement of facts that are sufficient to show that P is entitled to relief;
• Demand for judgment and the relief sought

Question 2

Amendments (Rule 15)
“A party can amend a pleading once as a matter of right”.

Answer 2

• The complaint can be amended within 21 days of serving the original complaint, or, if an answer or motion to dismiss has already been filed, within 21 days of that service.
• A party can amend an answer within 21 days of serving the original answer.

Question 3

Amendments (Rule 15)
“A party can amend with permission”

Answer 3

• Permission of opposing parties - then can amend.
• Permission of court - will consider reason for delay and prejudice (usually granted).

Question 4

Amendments and Statutes of Limitations

Answer 4

Whether an amendment has been filed within the statute of limitations depends on whether the amendment seeks to add a new claim or a new party.

Question 5

Adding new claims

Answer 5

The amendment is considered filed on the date that the original complaint was filed IF the new claim arises from the same transaction or occurrence as the existing claim (relation back rule).

Question 6

Adding new parties:

Answer 6

• If the new claim arises from the same transaction and occurrence as the existing claim;
• If the new party knew of the suit soon enough to not be prejudiced (generally during the time permitted for service of the original complaint); and
• If the new party should have expected to be named, but-for a mistake in identity.