PLEADING

Question 1

Complaint requirements (RULE 8)

Answer 1

1. Grounds for SMJ
2. Statement of facts demonstrating P is entitled to relief
3. Demand for judgement and the relief sought

Question 2

Amendments to Complaint (Rule 15)

Answer 2

1. MATTER OF RIGHT - Party can amend once as matter of right within 21 days of original complaint of service of answer
2. PERMISSION - Opposing party permits P to amend complaint. Court will consider the effects of delay and prejudice

Question 3

Amendments and Statute of Limitations

Answer 3

ADDING NEW CLAIMS will not affect the statute of limitations if the claims arises from the SAME TRANSACTION OR OCCURRENCE as the existing claim

ADDING NEW PARTIES will not affect the statute of limitations if:

1. the new claim arises from the same transaction or occurrence
2. the new party knew of the suit soon enough to not be prejudiced (generally time allowed for service or complain); AND
3. the new party should have expected to be named