Pleading - Care and Candor in Pleading

Question 1

Rule 3

Commencement of a Civil Action

Answer 1

A civil action is commenced by filing a complaint with the court

Question 2

Rule 7(a)

Allowed Pleadings

Answer 2

Only these pleadings are allowed

• A complaint
• An answer to a complaint
• An answer to a counterclaim designated as a counterclaim
• An answer to a crossclaim
• A third-party complaint
• An answer to a third-party complaint and
• If the court orders one, a reply to an answer

Question 3

Rule 7(b)
Requirements of a Motion

Answer 3

A motion must

• Be in writing unless made during a hearing or trial
• State the grounds for seeking the orders
• State the relief sought

Question 4

Rule 11(a)

Signature and Contact Info

Answer 4

Every pleading, written motion or other paper must be signed by a lawyer or unrepresented person and must contain his contact information

Question 5

Rule 11(b)

Certification of Candor

Answer 5

Presenting a paper to the court certifies that the presenter believes, after reasonable inquiry, that the paper has

• evidentiary support (or will after further investigation),
• a legal basis (or likely to have a good faith argument to change the law),
• and a proper purpose

Question 6

Rule 11(c)(1)

Sanctions

Answer 6

The court may impose sanctions on any lawyer, party or law firm that violates Rule 11

Question 7

Rule 11(c)(2)

Sanctions from Opposing Parties

Answer 7

A motion by an opposing party for sanctions must be filed by itself and must not be filed if the violation is remedied within 21 days after service or within another time set by the court

Question 8

Rule 11(c)(3)

Sanctions from the Court

Answer 8

On its own, a court may order a lawyer, party or law firm show cause why conduct in an order hasn’t violated Rule 11

Question 9

Rule 11(c)(4)-(6)

Nature of Sanctions

Answer 9

A sanction must be enough to deter the violating conduct in the future

Question 10

Inadequate Pretrial Investigation

Hays v. Sony Corp. of America

Answer 10

A lawyer who violates Rule 11 by not doing enough pretrial investigation should be sanctioned.

Question 11

Focus of Rule 11

Answer 11

Rule 11 focuses on what you knew or should have known at the time you filed papers. But if you find out that anything is wrong after filing a paper, you must correct it

Question 12

Factors Affecting Reasonableness of a Pre-Filing Inquiry

Answer 12

• The complexity of the factual and legal issues
• The extent to which pertinent facts were under the control of the other party or third persons
• The extent to which the lawyer relied on the client for the facts
• The extent to which the lawyer relied on the referring lawyer. The duty of inquiry is not transferable
• The resources reasonably available to the lawyer to conduct an inquiry
• The extent to which the lawyer was on notice that further inquiry might be appropriate

Question 13

Challanging Legal Precedent

Hunter v. Earthgrains Co. Bakery

Answer 13

Under Rule 11 a lawyer should not be sanctioned for making a good faith argument to challenge a legal precedent