Crafting the Lawsuit: Pleadings, Amendments, and Joinder of Claims & Parties

Question 1

filing

Answer 1

• file the complaint, and
• serve D w/in 90 days

Question 2

response

Answer 2

(answer, motion, or complaint) must be served w/in 21 days after service of process
- or 60 days if formal process was waived

Question 3

amendments

Answer 3

a pleading or answer may be amended as of right w/in 21 days

Question 4

new claims

Answer 4

can relate back to initial date to conform to statute of limitations

NOTE: new parties can generally NOT relate back to initial filing

Question 5

joinder of claims

Answer 5

the party seeking relief from opposite party may join all its claims, regardless of any connection between those claims, including counterclaims, crossclaims, and 3P claims

NOTE: If a party has one claim, they can generally bring them all

Question 6

compulsory counterclaims

Answer 6

D must bring a counterclaim if it arises out of the same transaction or occurrence as P’s claim

Question 7

impleader

Answer 7

D may join a claim against a new party if that party is liable to D for some or all of the claim that the P has against D