Pleading Rules

Question 1

Rule 11(a)

Answer 1

every pleading, written motion or other papers must be signed by at least one attorney of record in the attorney’s name

has to state the signer’s:
address
email
phone number

court must stirk an unsigned paper unless omission is promptly corrected after being called to the attorney’s or party’s attention

Question 2

Rule 11(b)

Answer 2

by presenting to the court a pleading, written motion or other paper- whether by signing, filing, submitting or later advocating it, certify to the best of the person’s knowledge, information and belief, formed after an inquiry reasonable under the circumstances
(b)(1) not being presented for any improper use (harass, causes unnecessary delay, or needlessly increase cost of litigation);
(b)(2) claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending modifying or reversing existing law;
(3) factual contentions have evidentiary support, or will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, are reasonably bases on belied or a lack of information

Question 3

Rule 11(c) (1)(enforcement procedure and sanctions)

Answer 3

1. after notice and reasonable opportunity to response, the court determines that rule (b) has been violated court may impose sanction( at the court’s discretion)

Question 4

Rule 11(c)(2) (enforcement procedure and sanctions)

Answer 4

motion must be made separately from any other motion and must describe the specific conduct that violated rule 11(b).
under rule 5 motion must be served to the other part
(draft the motion, send it to the other party and give them 21 days to respond, it they don’t fix the mistake then can file the motion to the court)

Question 5

Rule 11(c)(3) (enforcement and sanctions)

Answer 5

court can initiate rule 11 sanctions

Question 6

Rule 11(c)(4) (enforcement and sanctions)

Answer 6

sanction must be limited to what suffices to deter repetition of the conduct
ex: nonmonetary directives, order to pay a penalty into court, an order directing payment to the movant or part or all of the reasonable attorney’s fees and other expenses directly resulting from the violation

Question 7

Rule 11(c)(5) (enforcement and sanctions)

Answer 7

monetary sanctions cannot be imposed against a represented party for violating Rule (b)(2)

Question 8

Rule 11(c)(6) (enforcement procedure and sanctions)

Answer 8

order imposing sanctions must describe the sanctioned conduct and explain the basis for the sanction

Question 9

Rule 12(a)

Answer 9

Defendant must serve an answer:
(i) within 21 days after being served with summons and complaint or
(i) if waived service under Rule4(d) within 60 days after the request for the waiver was sent out, or within 90 days after sent out to the Defendant outside any judicial district of the U.S (out of the country)

Question 10

Rule 12(a)(B)

Answer 10

party must serve an answer to a coutnerclaim or cross claim within 21 days after being served with the pleading that states the counterclaim or crossclaim

Question 11

Rule 12(a)(c)

Answer 11

a party must serve a reply to an answer within 21 days after being served with an order to reply unless the order specifies a different time

Question 12

Rule 12(a)(4)

Answer 12

effect of a motion
unless the court sets out a different time, serving a motion under this rule alters theses periods as follows:
(a) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court’s action; or
(b) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served

Question 13

Rule 12(b) (1-7)

Answer 13

every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. Party can assert the defenses by motion
(1) lack of SMJ
(2) lack of PJ
(3) improper venue
(4) insufficient process (summons and complaint)
(5) insufficient service of process
(6) failure to state a claim upon relief can be granted
(7) failure to join a party under Rule 19

Question 14

Rule 12(c)

Answer 14

a party may move for judgment on the pleadings after the pleadings are closed but early enough not to delay trial

Question 15

Rule 12(d)

Answer 15

if present matters outside the pleadings on a rule 12(b)(6) [failure to state a claim) or 12(c) [party moving for judgment on the pleadings], and the court does not exclude them, motion must be treated as a motion for summary judgment

Question 16

Rule 12(e)

Answer 16

motion for a more definite statement

party may move for more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonable prepare a response

motion must be made before filing a responsive pleading and must point out the defects complained of and the details desires
if the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets the court may strike the pleading or issue any other appropriate order

Question 17

Rule 12(f)

Answer 17

motion to strike
court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent or scandalous matter
court may act:
1) on their own or
2) on motion made by a party either before responding to the pleading or within 21 days after being served with the pleading

Question 18

rule 12(g)

Answer 18

joining motions
(1) right to join. a motion under this rule may be joined with any other motion allowed by this rule
(2) limitations on further motions. except as provided in rule 12(h)(2) or (3) a party that makes a motion under this rule most mot make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion

Question 19

Rule 12(i)

Answer 19

if a party so moves, any rule 12(b) defense and a rule 12(c) motion must be decided before trial

Question 20

Rule 8(c)

Answer 20

waive affirmative defense if fail to plead it

Question 21

Rule 15(a)(1)

Answer 21

amending as a matter of course. A party may amend its pleading once as a matter of course within:
(a) 21 days after serving it, or
(b) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleadingor 21 days after service of motion under rule 12(b), (e), or (f) whichever is earlier

Question 22

Rule 15(a)(2)

Answer 22

(all other amendments- only with opposing party’s written consent or court’s leave)
(a)(2) in all other cases, a party may amend its pleading only with the opposing party’s written consent or the court’s leave. The court should freely give leave when justice so requires