LAC: Pleadings

Question 1

Rule 11

Answer 1

• APplies to all docs except discovery
• When the lawyer or pro se party signs documents, she certifies that to the best of her knowledge and belief, after reasonable inquiry:
  
  • 1. The paper is not for an improper purpose,
  • 2. The legal contentions are warranted by law (or nonfrivolous argument for law
       change), and
  • 3. The factual contentions and denials of factual contentions have evidentiary
       support (or are likely to after further investigation)
• must do anytime you present to court

Question 2

Sanctions for violating Rule 11

Answer 2

• must be given chance to be heard.
• SUpposed to deter conduct from repeating
• Can be non-monetary. Monetary usually paid to court
• Court may impose sanctions sue sponte by providing a show cause as to why sanctions should not be imposed

Question 3

Can an opposing party move for R11 snactions

Answer 3

Yes, but must notify the party beforehand and give them 21 days to fix the problem

Question 4

Requirements for Compalint

Answer 4

• Requirements:
  
  1. Statement of grounds for subject matter jurisdiction;
  2. Short and plain statement of the claim, showing entitled to relief;
  3. Demand for relief sought.

Question 5

Standard for valid complaint

Answer 5

• Must plead facts that support a plausible claim
  
  • use judge’s own experience and common sense
• Must plead with specificity or particularity for circumstances constituting
  
  • fraud
  • mistake
  • or special damages–Those that do not normally flow from the event
    *

Question 6

Defendant’s Response

Answer 6

• Must respond by 1) motion or 2) by answer.
• Must do w/in 21 days of service of process
• If you waive process, you can get 50 days to file

Question 7

R12 Motions

Answer 7

• Not pleadings–request for a court order on things like
  
  • issues of form
  • rule 12 b defenses

Question 8

R12 issues of form

Answer 8

1. Motion for more definite statement – pleading so vague D can’t frame a response (rare);
2. Motion to strike, which is aimed at immaterial things, e.g., demand for jury when no right exists; any party can bring.

Question 9

Rule 12(b) defenses

Answer 9

• 1) lack of subject matter jurisdiction;
• (2) lack of personal jurisdiction;
• (3) improper venue;
• (4) insufficiency of process (problem with the papers);
• (5) insufficient service of process;
• (6) failure to state a claim;
• (7) failure to join indispensable party.

These can be raised either by motion or answer.

Question 10

Which 12(b) are waivable if not bought in response?

Answer 10

1. PJ
2. VEnue
3. Insufficeincy of Process (problem with papers)
4. Service of Process

Others can be brought at any time

Question 11

The Anwer

Answer 11

Pleading serverd within 21 days after served with process (unless service waied)

1. Respond to allegations
2. Raise affirmative defenses

Question 12

Respond to Allegations of Complaint

Answer 12

Can:

1. admit;
2. deny;
3. state that you lack sufficient information to admit or deny.
   
   • Number 3 acts as a denial, but can’t be used if the information is public knowledge or is in defendant’s control.

Failure to deny can be an admission on any matter except damages

Question 13

Raise Affirmative Defenses

Answer 13

These inject a new fact into the case, that will allow D to win. Classic affirmative defenses are statute of limitations, statute of frauds, and res judicata.

Must plead affirmative defenses in asnwer or they’re waived

Question 14

Counterclaim generally.

Answer 14

• Claim against an opposing party
• Part of D’s answer in fedearl court
• If okay jursidictionally, it will be accepted. If not, you may need to try supplemental jurisdcition

Question 15

Compulsory Counterlcaim

Answer 15

• arises from the same T/O as P’s claim.
• Unless you have already filed the claim in another case, YOU MUST FILE THIS IN THE PENDING CASE, OR THE CLAIM IS WAIVED

Question 16

Permissive Counterclaim

Answer 16

• does not arise from same T/O as P’s claim.
• You may file it with your answer in this case or can assert it in a separate case.

Question 17

Crossclaim

Answer 17

• Claim against co-party
• must arise from same T/O as underlying action
• Never compulsory
• Must have either fq or diveristy
• Look at supplemental jursidiction must meet
  
  • arise from same T/O as underlying case
  • not a claim by plaintiff

Question 18

Right to Amend Pleadings

Answer 18

• Plaintiff has right to amend once within 21 days after the Defendant servers her first R12 Repsones
• Defendant has a right to amend once within 21 days of serving his answer.

Question 19

When there is no right to amend

Answer 19

• seek leave of court;
• it will be granted if “justice so
  requires. ”
• Will look to fllowing factors
  
  • delay
  • prejudice
  • futility of amendment

Question 20

Variance

Answer 20

• Evidence at trial does not match what was pleaded so you can amend to have it conform
• have pleadings match what was actually tried
• If defendant does object, may be inadmissible as a result of being at variance with pleadings

Question 21

Relation Back/Amednmented after SofL runs