Lesson 5: Pleading Part 2

Question 1

Rule 11 Federal Rules of Civil Procedure

Answer 1

Requires every pleading to be signed by the attorney who files it. The signature constitutes the attorney’s certification that the claim is well-grounded in fact and is supported either by existing law or by a non frivolous argument for the extension of existing law. Failure of an attorney to comply with Rule 11’s requirements may result in sanctions which are imposed according to the discretion of the court.

Question 2

Relation Back Doctrine-Amending claim against same Party

Answer 2

The federal rules and most state jurisdictions permit an amendment of a complaint against the same party to relate back to the date of the original filing, as long as the amended pleading arises out of the same transaction or occurrence as the original pleading.

Question 3

Relation Back Doctrine-Changing the Party being Sued (Three conditions that must be met)

Answer 3

in federal court, in order for an amended pleading changing the name of the party being sued or joining a new party to relate back to the date of the original pleading, three conditions must be met:

• The amended pleading must arise out of the same transaction or occurrence as the original pleading.
• The new party must receive actual notice of the pendency of the action within 120 days of the filing of the complaint such that he will not be prejudiced in maintaining a defense.
• The new party must have either actual or constructive knowledge that the action would have been brought against him originally, but for a mistake.