Learning about case - Pleadings Flashcards
What are the requirements of the complaint?
1) Statement of grounds of SMJ
2) SOC showing entitlement to relief - facts.
3) Demand for relief sought, damages? injunction?
How does the Defendant have to respond to the complaint?
Rule 12, D respond by motion or answer within 21 days of process or 60 days if waived.
Are Rule 12 motions a form of pleadings?
No, they are requests for a court order
What are two motions you can go for when filing Rule 12 motion?
1) Motion for more definite statement.
2) Motion to strike
What are the 7 Rule 12(b) defenses?
1) Lack of SMJ
2) Lack of PJ
3) Improper venue
4) Improper process
5) Improper service of process
6) Failure to state a claim
7) Failure to join indispensable party.
Where can the 7 12(b) defenses be put?
In motion to dismiss or answer.
Can any of the 7 12(b) defenses be waived?
Yes, lack of PJ, Improper venue, Improper process, Improper service of process
When would the 12(b) defenses be deemed waived?
If they aren’t put in first rule 12 response (motion or answer)
What is an answer? what two things must the D include?
An answer is a pleading (unlike a motion which is requesting a court order). You must respond to allegations of complaint, admit, deny, lack of sufficient information and raise affirmative defenses.
What is a counterclaim?
Claim against an opposing party
How long does P have to respond to a counterclaim?
Within 21 days
What are the two types of counterclaim?
1) Compulsory, (same T/O as P’s claim)
2) Permissive (not same T/O as P’s claim, can sue on separate case).
BUT MUST MAINTAIN SMJ.
What is a cross claim?
Claim against co-party arising from same T/O as underlying action
Is a cross claim compulsory?
No, can assert here or separately.
Once i have filed a counterclaim or cross claim, can I join an additional claim to it?
Yes, as long as there is SMJ OR if no SMJ supplemental jurisdiction. If no, claim dismissed and filed in State Court.
