Complaints and Rule 11 Flashcards
Which pleadings are allowed?
Per rule 7(a), the only pleadings allowed are: (1) a complaint; and (2) an answer to a complaint .
How must one generally request for a court order?
By motion. The motion must:
(A) be in writing unless made during a hearing or trial;
(B) state with particularity the grounds for seeking the order; and
(C) state the relief sought.
What must a pleading stating a claim for relief contain?
Per rule 8, a pleading that states a claim for relief must contain: (1) a short and plain statement of the grounds for the federal court’s jurisdiction; and (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought.
Must a plaintiff include demand for trial by jury in the complaint if they desire one?
Yes, per rule 38, plaintiff should include demand for trial by jury in the complaint.
What constitutes a short and plain statement in a complaint?
A complaint must contain enough factual allegations (Twombly) to plausibly state a claim (Iqbal). Specific facts are needed rather than just conclusory statements of mere possibility.
how must a complaint’s claim be set forth?
A complaint’s claim must be set forth via numbered paragraphs for each element of a prima facie claim, and link the element with the relevant facts of the case.
Describe how the heightened pleading standard applies to fraud or mistake.
Per rule 9, circumstances that establish fraud or mistake must be stated with particularity. Additionally, elements of special damages must be specifically stated.
Describe the ethical limitations in pleading and litigation
Per rule 11, where a pleading, motion, or other document that is signed by an attorney or pro se party and filed with or presented to the court, allegations and arguments must be based on reasonable investigation, be supported by the law, be non-frivolous and not meant to harass, and have evidentiary support (or likely to have evidentiary support after discovery). This is inapplicable to discovery. Additionally, sanctions are limited to sanctions that will serve to deter repetition of the conduct or comparable conduct by others similarly situated. Therefore, sanctions are not meant to be punitive. Reasonable expenses including attorney fees may be awarded to the non-offending party.
Describe safe harbor before filing rule 11 motion
Before a party can file a Rule 11 Motion for Sanctions, that party must first serve the Motion on the other side and provide the party with a “safe harbor” period of 21 days to withdraw or otherwise correct the offending pleading, motion, or paper.
