Kinds of Pleadings Flashcards
What are the different kinds of pleadings?
(a) Complaint
(b) Counter Claim
(c) Cross Claim
(d) Third (Fourth, etc.) Party Complaint
(e) Complaint-in-intervention
(f) Answer
(g) Reply
What is a complaint? What should be contained therein?
The complaint is the pleading alleging the plaintiff’s cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.
What is a negative defense?
A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his or her cause or causes of action.
What is an affirmative defense? What are its grounds?
An affirmative defense is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery from her.
(a) Fraud
(b) Statute of Limitations
(c) Payment
(d) Illegality
(e) Statutes of Fraud
(f) Release
(g) Estoppel
(h) Former Recovery
(i) Discharge in Bankruptcy
(j) Any other matter by way of confession and avoidance
What are other grounds for affirmative defense that may be filed as a motion to dismiss?
(a) Court has no jurisdiction over the subject matter
(b) There is a pending action between the same parties for the same cause
(c) Barred by a prior judgment
(d) Prescription
What is a permissive counter-claim? What are its implications for it to be valid?
A permissive counter-claim is a claim that does not arise out of nor is it necessarily connected with the subject matter of the opposing party’s claim.
It must be accompanied by a certification against forum shopping and must be within the jurisdiction of the court where the case is pending and cognizable by regular courts of justice. Otherwise, it will have to be filed in a separate proceeding which requires payment of docket fee.
What is a compulsory counter-claim?
A compulsory counter-claim is one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim. Such counter-claim must be within the jurisdiction of the court both as to the amount and nature thereof, except that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the amount.
A compulsory counter-claim not raised in the same action is barred, unless otherwise provided.
What is a cross-claim? What is the effect if it is not set-up?
A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counter-claim.
A cross-claim is considered barred if it is not set-up.
What is a third (fourth, etc.) party complaint?
A third (fourth, etc.) party complaint is a claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.) defendant, for contribution, indemnity, subrogation, or any other relief, in respect of opponent’s claim.
What is a complaint-in-intervention?
An intervention pleading filed for the purpose of asserting a claim against either or all of the original parties.
