Fed. Proc. Rules on Past Exams

Question 1

To exercise personal jurisdiction over a nonresident defendant, a Virginia court needs to satisfy…

Answer 1

both the Virginia Long Arm statute and show that the exercise of does not violate principles of Due process.

Question 2

The Virginia long-arm statute includes someone who:

Answer 2

1. Causes tortious injury instate by act or omission instate
2. Causes tortious injury instate by act or omission out of state
3. Contracts to supply services or things in Virginia
4. Has an interest in, uses or possesses realty in Virginia
5. Transacts any business in Virginia
6. Causing injury in Virginia by breach of warranty where sale was out of state.
7. Domestic relations

Question 3

Virginia is a single transaction state, meaning…

Answer 3

one business transaction leading to the cause of action will suffice.

Question 4

After the long arm statute is satisfied…

Answer 4

you must evaluate whether the minimum contacts of a nonresident that lead to the claim in the case are sufficient in quality and nature to make it reasonable to exercise personal jurisdiction.

Question 5

The minimum contacts test is satisfied if…

Answer 5

the defendant had contacts with Virginia displaying purposeful availment of Virginia’s laws and, thus, putting the defendant on reasonable notice of suit in VA.

Question 6

So long as the contact has a substantial connection to the forum, even a ______ ___ can satisfy due process.

Answer 6

single transaction

Question 7

Under Federal Rule of Civil Procedure 12, a defendant is not required to either make a _______ __________ before or simultaneously with a motion to dismiss for lack of personal jurisdiction.

Answer 7

special appearance

For federal courts and some states, a defendant does not have to make a special appearance, but they are required to challenge the given error before addressing the actual claim itself as one would in a general appearance.

Question 8

So long as the defendant _________________________ for lack of personal jurisdiction in the first-filed challenge to the plaintiff’s Complaint, such as in the first motion filed, then the personal jurisdiction defense is preserved.

Answer 8

files a timely motion to dismiss

Question 9

To satisfy diversity jurisdiction, two requirements must be met:

Answer 9

1. There must be complete diversity of citizenship, meaning that every plaintiff is a citizen of a State different from every defendant.
2. The amount in controversy must exceed $75,000 exclusive of interests and costs.

Question 10

The test for citizenship of individuals is…

Answer 10

the person’s domicile.

Question 11

What is a person’s domicile?

Answer 11

(a) where the individual has a physical residence, and (b) the intent to make the residence his or her permanent physical residence.

Question 12

Where does a corporation hold its citizenship?

Answer 12

in its State of incorporation and in the state where the corporation has its principal place of business.

Question 13

The general rule precludes a plaintiff from aggregating the amount of damages when she…

Answer 13

joins more than one defendant so as to exceed $75,000 exclusive of interests and costs.

Question 14

What is the exception to the rule against aggregating claim amounts?

Answer 14

Aggregation of damages of claims is allowed against two or more defendants whose negligence jointly contributed to a single injury, such that they are jointly liable.

Question 15

How is the amount in controvery determined in a case for injunctive relief?

Answer 15

The cost of complying with the injuction determines the amount in controversy.

Question 16

Under the Supplemental Jurisdiction statute, claims without SMJ are allowed in federal court when they…

Answer 16

arise from the same common nucleus of operative facts.

Question 17

Venue is proper where:

Answer 17

1. All defendants reside, or
2. where a a substantial part of the events or omissions giving rise to the claim occurred.

Question 18

What is the exception to the venue rule?

Answer 18

If the defendants are all from one state, venue is proper in any district in that one state.

Question 19

Transfer is only available if the transferee district…

Answer 19

is one where the original case might have been brought.

Question 20

You can only appeal when…

Answer 20

there is a final order in the case. There are narrow exceptions for an appealable interlocutory order.

Question 21

In cases removed to Federal Court based on diversity, the case can be removed after a later change in the case creates diversity, so long as…

Answer 21

the change and removal occur within one year from commencement of the action.

Question 22

What is the deadline to file a notice of removal in a case after a change in its status creating diversity?

Answer 22

30 days from receipt of the order showing the change in the status of the case.

also 30 days from service of process if immediately removable (all D’s must consent)

Question 23

If P settles with one party, does that automatically reduce the AIC in the complaint?

Answer 23

No, it stays the same until amended. Also, the plaintiff is entitled to seek from a single tortfeasor the entire amount of injury from an incident.

Question 24

Under Federal Rule of Civil Procedure 12, a defendant can preserve any of the highly waivable Rule 12 defenses by…

Answer 24

raising any such defenses in its first defensive filing within 21 days of service on the defendant.

Question 25

What are the highly waivable defenses?

Answer 25

12(b)(2)-(5).

2. PJ
3. Venue
4. Process
5. Service of Process

Question 26

The defendant can choose to file a motion as his first defensive filing, or he can choose instead to file an answer. The key is that…

Answer 26

whichever of the two is the first defensive filing, he includes the highly waivable defense in that filing.

Question 27

As long as a waivable defense is reserved, a later-filed motion can proceed to…

Answer 27

bring on for resolution the question of personal jurisdiction.

Question 28

Federal Rule of Civil Procedure 12, therefore, rejects the classic general appearance doctrine. Under that doctrine…

Answer 28

personal jurisdiction had to be raised by the defendant’s appearing by special appearance solely to challenge jurisdiction and by filing a motion to dismiss based on personal jurisdiction, not an answer.

Question 29

General jurisdiction has been reserved to instances in which a company is…

Answer 29

“at home” in a state.

Question 30

The Supreme Court has indicated that the primary ways that a company would be at home in a state is by…

Answer 30

incorporating there or having its principal place of business in the State.

Lacking incorporation or having one’s principal place of business in a state, even substantial conduct and sales in a state—unrelated to the claim in question—have been insufficient to establish general jurisdiction.

Question 31

A court will have specific personal jurisdiction if, under the International Shoe minimum contacts analysis…

Answer 31

the defendant has sufficient minimum contacts with the forum state and the claim in question arises from those minimum contacts.

Question 32

To satisfy specific jurisdiction, the defendant would have to be able to…

Answer 32

reasonably anticipate, based on its conduct prior to suit, being sued in the forum.

Question 33

In stream-of-commerce cases the Supreme Court has refused to find specific jurisdiction from a manufacturer’s…

Answer 33

simply placing a product in commerce.

Question 34

To be subject to PJ, a corporate defendant must have…

Answer 34

other purposeful conduct directed at the forum that would make it reasonable for the defendant to have anticipated being sued there on a claim related to products.

Question 35

Federal Rule of Civil Procedure 35 allows the court to order a party to submit to a physical or mental examination by a suitably licensed examiner when…

Answer 35

the party’s “mental or physical condition . . . is in controversy.”

Question 36

If the plaintiff puts her physical condition in controversy, she must submit to a physical examination, but not…

Answer 36

a mental one, and vice versa.

Question 37

A deposition of a witness to be used at trial is permissible when the witness is..

Answer 37

unavailable.

Question 38

For the purpose of using a deposition in place of trial testimony, unavailability under the Federal Rule includes…

Answer 38

a witness who at the time of the trial is:

• dead,
• beyond a 100 mile radius from the place of trial or outside the U.S.,
• unable to attend trial because of “age, illness, infirmity or imprisonment,”
• and/or the party offering the deposition could not procure the witness’ testimony by subpoena, or other extraordinary reasons.

Question 39

The cost of a witness to testify at trial and/or to give a deposition is…

Answer 39

not a grounds for unavailability.

Question 40

When a witness is available, but a party calls for using his deposition at trial, the other party may…

Answer 40

object to using the deposition in place of trial testimony.

Question 41

If a notice of a deposition is served before it can be scheduled in time for the discovery cut off, the opposing party may…

Answer 41

object to the deposition for untimeliness.

Claim prejudice. The whole point of the scheduling order is to prevent further work so close to trial .

Question 42

In the event a party notices a witness for a deposition to be used at trial, the opposing party may also argue that any depositon testimony would be…

Answer 42

hearsay, as she would not get a chance to cross-examine.

At the very

Question 43

To remove a case, the defendant must show that the case is one…

Answer 43

within the subject matter jurisdiction of federal courts.

Question 44

For diversity purposes, the plaintiff who pleads more than $75,000 in controversy will have satisfied the amount in controversy requirement, unless…

Answer 44

to a legal certainty on reviewing the complaint the district court can say that there is no way the plaintiff can recover more than $75,000 exclusive of interests and costs.

Question 45

A defendant’s failure to remove a case to the correct ‘division’ as dictated by statute is not a jurisdictional defect, but a procedural one, and therefore must be….

Answer 45

objected to or the defect is waived. Such a procedural defect could be cured simply by transferring the case to the correct division.

Question 46

If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may…

Answer 46

deny joinder, or permit joinder and remand the action to state court.

Question 47

If a party joins a party that defeats SMJ, each side will argue whether…

Answer 47

the joinder was fraudulent.

Question 48

A valid pleading not subject to Rule 11 sanctions involves:

Answer 48

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims … and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; [and]
(3) the factual contentions are warranted on the evidence or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Question 49

Before filing a motion for sanctions, the party must…

Answer 49

serve the motion on opposing counsel prior to filing it and give the party who counsel maintains to have violated any certifications 21 days to withdraw the pleadings.

Question 50

An insured whose claim has been paid in full (would/would not) be an indispensable party.

Answer 50

would not, because the insurer is a subrogee and as holder of that status has substitued itself in place of the insured for all relevant legal rights/claims (e.g., damage to property). Therefore, it is illogical to say that the insured is the party in interest when they have been substituted. If not money has been paid or advanced by the insurer, the insured remains the real party in interest for, for example, damages to property.

Question 51

To be an indispensible party, the court must not be able to…

Answer 51

give complete relief in the party’s absence.

Question 52

The test for principal place of business of a corporation is…

Answer 52

where its “nerve center” is located, i.e. where the chief officers of the company make the central decisions that radiate out to the company.

Question 53

A federal court sitting in diversity will apply the choice of law rules of…

Answer 53

the state in which it is sitting.

Question 54

A defendant must serve an answer within…

Answer 54

21 days after being served with the summons and complaint.

Unless they waive service of process, then 60 days to respond (90 days if outside of US).

Question 55

For counting purposes, day one excludes…

Answer 55

the day of the event, e.g. date of service.

Question 56

A party who is sued on a claim may implead someone who is…

Answer 56

is or may be liable to the defendant for all or part of the amount plaintiff sued defendant/third-party plaintiff for.

Question 57

The defendant has __ days after being served with the complaint & summons, to serve a third-party summons and complaint on the non party.

Answer 57

14. After the 14 days, third-party plaintiff would need leave of court.

Question 58

In a contract action, the supreme court listed four factors to consider in evaluating whether a defendant could reasonably anticipate being sued in another state for purposes of minimum contacts for PJ:

Answer 58

1. prior negotiations
2. contemplated future consequences
3. the terms of the contract
4. the parties’ actual course of dealing

Question 59

What is the proper declaration before sworn testimony?

Answer 59

“I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).

(Signature)”.

Question 60

Federal courts have subject matter jurisdiction based on federal question where…

Answer 60

the plaintiff’s claim raises an issue of federal law.

Question 61

Although a plaintiff does not need to cite the specific statutory basis for federal question jurisdiction, she must plead…

Answer 61

sufficient facts to establish jurisdiction.

Question 62

Virginia choice-of-law principles require application of the law of the place of ___________ on questions of what the contract requires. Questions of contract _________, by contrast, are governed by the law of the place of contracting.

Answer 62

performance; formation

Question 63

The removal statute forbids removal in diversity cases if any defendant is…

Answer 63

a citizen of the forum state.

Question 64

Rule 60 permits relief from judgment and permits the court to reopen and correct the court’s error in allowing the case to proceed in the absence of…

Answer 64

subject matter jurisdiction.

Question 65

Although subject matter jurisdiction may not be collaterally challenged, it may be challenged at any time up until…

Answer 65

conclusion of the last available appeal in the case.

Question 66

The procedural steps to accomplish removal are…

Answer 66

1. File a notice of removal in the federal court
2. that contains a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served” to date in the case.
3. give notice promptly to all adverse parties and file a copy of the notice with the clerk of the state court, “which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.”

Question 67

If intenting to remove, a Virginia defendant should..

Answer 67

(1) file a pleading that qualifies as a responsive pleading in Virginia state court, and
(2) simultaneously or later within 30 days remove.
1. a defendant who has responded in state court will be treated as having responded in federal court.

Question 68

a claim for indemnity can be asserted using….

Answer 68

impleader.

Question 69

Impleader is often used for…

Answer 69

derivative claims arising from the same transaction.

Question 70

.Even though the federal joinder rules permit this impleader, it is also necessary to assure that the federal court would…

Answer 70

have subject matter jurisdiction over the claim that would be added through the impleader, or exercise supplemental jurisdiction. (note impleader plaintiff is a plaintiff for the purposes of the supplemental jurisdiction limitation)

Question 71

a counterclaim is compulsory when it…

Answer 71

arises out of the transaction or occurrence that is the subject matter of the original claim. Otherwise, a counterclaim is permissive.

Question 72

Supplemental jurisdiction cannot be exercised over….

Answer 72

a permissive counterclaim. This is because supplemental jurisdiction depends on the “same case or controversy”, whereas permissive counterclaims do not arise out of the same transaction or occurrence by definition.

Question 73

All claims, including counter, cross, and impleading claims, must have…

Answer 73

subject matter jurisdiction or supplemental jurisdiction.

Question 74

a party asserting a crossclaim may join, as independent or alternative, as many…

Answer 74

claims as it has against an opposing party.

Question 75

In order to file a crossclaim, the cross-claimant’s claims must…

Answer 75

Arise from the same transaction or occurrence as the original claim or of a counterclaim for which there is jurisdiction

Question 76

How does a plainiff request a waiver of formal service of process?

Answer 76

Mail to D a notice and request to waive formal service, including a copy of the complaint and two copies of a waiver form, with a prepaid means of returning the form (e.g., stamped envelope for sending it back to P).

Question 77

If the defendant executes and mails waiver form to P within __ days (__days if the defendant is outside the U.S.), the defensant waives formal service of process. Can be used for individuals and entities.

Answer 77

30; 60

Question 78

If the defendant waives formal service of process, does the defendant waive any defense like lack of personal jurisdiction?

Answer 78

No.

Question 79

What is the difference between general and specific in personam JX?

Answer 79

1. General: the P can assert any claim whatsoever, even if unrelated to the D’s contacts with the forum
2. Specific: P’s claims against the D must arise out of–or directly relate to–the D’s contacts with the forum (minimum contacts)

Question 80

Does inserting products into the stream of commerce create minimum contacts?

remember this is DPC part (part 1 of PJ analysis)

​(outline)

Answer 80

No, intentionally injecting products into the stream of commerce does not ipso facto mean that you intend to go everywhere the stream goes.

Question 81

What is the proper action for a court to take when it lacks SMJ?

Answer 81

Dismiss

Question 82

At what time is the citizenship of parties assessed?

Answer 82

at the time of filing

Question 83

When can claims be aggregated for diversity purposes?

Answer 83

1. P1 can aggregate all claims against D regardless of whether they are related
2. P1 may not aggregate claims against two or more Ds
   a. Unless jointly liable
3. Two or more Ps cannot aggregate claims against D1
   Last consideration is supp. JX.

Question 84

What is the standard for ruling on a 12(b)(6) motion to dismiss?

Answer 84

Whether plaintiff’s allegations are factually sufficient to support a legal claim. They cannot be mere conclusory statements, nor can they state facts that do not create liability. In essence, the allegations need to plausibly give rise to a claim of liability.

Question 85

Where is a limited partnership residence?

Answer 85

where each partner resides

Question 86

Where is a LLC residence?

Answer 86

where each member resides

Question 87

If a counterclaim to a federal claim is a state law claim that is diverse and over the amount in controversy, do you need supplemental jurisdiction?

Answer 87

Noit invokes diversity. That’s the analysis: (1) independent ground? (2) supplemental?

Question 88

Is supplemental jurisdiction mandatory?

Answer 88

No, supplemental jurisdiction is within the discretion of the court if:
* the state law claim is complex, or
* state law issues would predominate in the case, or
* (most likely on the exam) the federal claim was dismissed early in the case.

Question 89

FQ JX: What is “pendant-party” jurisdiction?

Answer 89

Where a party joins another party and a claim or counter claim or cross claim arises out of the same common nucleus of operative fact as the OG Federal claim, the court has supplemental jurisdiction over the claim. For example, P asserts federal claim against D1 and a related state-law claim against D2. the federal court may hear the D1 and D2 claims.

Question 90

Diversity JX: Statute bars supp. JX in diversity cases over:

Answer 90

Claims by Ps against persons joined under Rules 14, 19, 20, or 24; Claims by parties seeking to intervene under Rule 24; Claims by parties proposed to be joined as Ps under Rule 19
In other words, supp. claims by P can only be against 1 D and no joinder rule involved in making them a party.

rule 14 is impleader
Rule 19 is necessary parties
rule 20 is permissive joinder (plaintiffs [crossclaims] and defendants)
Rule 24 is intervention

Question 91

Diversity JX: When are supplemental counterclaims by defendants allowed?

Answer 91

when they satisfy the common nucleus of operative fact test

So mandatory counterclaims automatically get supp. JX

Question 92

Div. Jx: When do cross-claims get supp. JX?

Answer 92

1. Relatedness: arise out of the same common nucleus of operative fact as the action or of a counterclaim.
2. Asserted by D (i.e. must not be asserted by P against a person made a party under Rules 14, 19, 20 or 24.

Question 93

What is the summary of supplemental jurisdiction rules?

Answer 93

• Supplemental JX works for FQ cases across the board, so long as they are related
• Supp. JX broadly avails in Div. JX claims for Ds so long as related.
• Compulsory counterclaims will get in under supp. JX; Cross claims that are related to the anchor claim (OG or counter) and are asserted by a D will generally come in under supp. JX
• Ps can take advantage of supp. JX for related claims against a single D.

Question 94

Virginia long-arm statute provides that transacting business in VA leads to PJ?

Answer 94

Yes, and it just takes a single transacion. The can mean calling a client in VA to talk business or send emails to a VA client. In fact, the engage of a VA computer network is enough (sending an email).

This is different from selling a product out of state that causes injury in state. Different rules there

Question 95

Where is venue proper?

Answer 95

Where substantial events or a series of events giving rise to the claim arose. Venue is also proper where the defendant reside.

Question 96

Venue

What if all the defendant’s reside in different districts or two in 1 and one in 2?

Answer 96

If defendants reside in one state, Venue is proper in any district in that state

Question 97

When multiple venues are proper and the plaintiff files in a proper venue, what presumption arises?

Answer 97

The presumption is in favor of the plaintiff’s choice, but the court has discretion to transfer on the basis of convenience.

Question 98

When is removal permitted? Exception?

Answer 98

1. when the case could have originally been brought in federal court
2. Any Defendant resides in the state

Question 99

Where may the defendant remove to?

Answer 99

to the federal court in thedistrict in which the federal court sits

Question 100

When is removal appropriate?

Answer 100

Within 30 days of service of process or upon the change in circumstances the creates jurisdiction but not later than a year from the commencement of the action in state court, UNLESS the plaintiff acted in bad faith to prevent removal

Question 101

What is the procedure for removal?

Answer 101

File a notice of removal with the appropriate federal court with a short and plain statement of the basis for jurisdiction; include all the process, pleadings, and orders served up until that point. File copy of the notice with the state court.

The case will automatically be removed, until the plaintff successfully pursues remand.

Question 102

Do avoid default in federal court, what should you do before or simultaneously with removing?

Answer 102

File a responsive pleading in state court. A defendant who responds in state court is deemed to have responded in federal court.

Question 103

Can a case filed in federal court be “removed” to state court?

Answer 103

No, under the removal statute, a case can only be sent to state court if (1) it originited in state court, (2) was removed to federal court, and (3) was then remanded.

Proper process is dismissal w/o prejudice

Question 104

How long does a party have to amend its pleading as of right? After that? Factors?

Answer 104

21 days after serving it or if it is a pleading in which a responsive pleading is required, 21 days after service of the responsive pleading (including a pre-answer motion).

After that, amendments require leave of court, which the court should freely give as justice so requires. The court should allow it unless there is special reason not to, like undue prejudice, futility, undue delay, or bad faith. Consider whether it will require more discovery or significantly alter the trial (more facts or parties involved)?

Question 105

What is the SMJ standard in federal court?

Answer 105

Same as in state court, whether there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.

Question 106

When is a party indispensable?

Answer 106

1. In the party’s absence, the court cannot grant complete relief among the existing parties;
2. That person claims an interest relating to the subject matter of the action and is so situated that diposing of the action in the person’s absence may impair or impede that person’s ability to protect thier interest or leave and existing party subject to a substantial risk of incurring multiple or inconsistent liability because of the interest.

Question 107

If an indispensable party is not joined, what may the defendant do?

Answer 107

Move to dismiss for failure to include an indispensable party or implead them (but be mindful of the rules for impleader).

Question 108

Requirements for impleader?

Answer 108

SMJ, PJ, and that the third-party D may be or is partially of wholly liable for the third-party P’s liability to the P.

Question 109

Procedure for impleader?

Answer 109

Serve the third-party P within 14 days of filing an answer or obtain court’s permission to serve later.

Question 110

With impleader, who must the third-party defendant be diverse from if the case is in federal court on diversity jurisdiction?

Answer 110

The third-party P, unless the third-party P and the OG P have claims against one another. regardless, there will be supp. jx because it will arise out of the same transaction or occurance as the OG claim.

Question 111

What is a claim by a third-party D against a third-Party P called?

Answer 111

A counterclaim. Mandatory and permissive rules apply

Question 112

Is a motion to dismiss for failure to raise an indispensable party waivable?

Answer 112

No, it can be raised up to any time until and including trial.

Question 113

What is a permissive counterclaim and when can they be heard?

Answer 113

a counterclaim that is unrelated to the transaction/occurence giving rise to the other claim. It is permissible when it has an independent jurisdictional basis

Question 114

What must your first cross claim have?

Answer 114

Relation to the same transaction or occurrence of the original claim OR a counterclaim

Question 115

What does rule 18 permit?

Answer 115

“A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.”

It does not matter whether they are related to the same transaction or occurrence as any of the other claims.

but of course jurisdictional rules apply

Question 116

What is rule regarding electronically stored information?

Answer 116

If electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery, the court can enter various sanctions. One sanction, if the loss was intentional, is court may instruct the jury to assume the information was unfavorable

Question 117

What is a Motion for New trial usually used in conjunction with, when should it be made, standard for granting?

Answer 117

it is usually used in conjunction with a renewed motion for judgment as matter of law; It should be made within 28 days of the judgment. The court can grant it in it discretion for many reasons such as:
1. legal error
2. newly discovered evidence
3. misconduct
4. Judge determines that the verdict is against the great weight of evidence either in substantce of the verdict or the amount of damages awarded

Question 118

Is the Renewed Judgment as a Matter of Law standard the same as a state Motion to Strike the Evidence/Motion to set aside the judgment as contrary to evidence?

Answer 118

Yes, that difference between them is that a RJMOL requires that there be a JMOL after the evidence is presented.

the standard is that no reasonable jury could rule in favor of the non-movant and the movant is entitled to judgment as a matter of law.

Question 119

In preparing jury instructions for a state substantive claim, what jury instructions should the federal court use?

Answer 119

The state’s. However, the court can use federal instructions on federal court procedure so long as those procedures for handling cases and trials do not impinge on state substantive law.

Question 120

Compare the assurance in federal pleadings versus state

Answer 120

Federal:
1. the facts are grounded in evidence, or if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
2. the claims and other legal contentions are warranted by existing ir by a nonfrivilous argument for its extension, modification, or reversal or establishing new law.
3. The pleading is not submitted for an improper purpose such as to harras, undue delay, or unecessary costs in litigation.

State
1. Read the pleading.
2. Based upon knowledge, belief, and information formed after reasonable inquiry the pleading is well-grounded in fact and warranted by the existing law or a good faith argument for its extension modification or revesal.
3. no improper purpose