Pleadings

Question 1

Definitive Responses

Answer 1

Under FRCP 12, a defending party may respond in one of two ways (by motion or by answer) no later than 21 days after service of process on her.

Answer is a pleading

Motions are not pleadings

Question 2

Defenses

Answer 2

(1) lack of SMJ (can be raised anytime, including appeal)
(2) lack of PJ
(3) improper venue
(4) insufficient process (problem with the docs)
(5) insufficient service of process
(6) failure to state a claim on which relief can be granted
(7) failure to join an indispensible party

(6) & (7) can be raised anytime during trial
(2) -(5) must be put in first Rule 12 response or they are waived

Question 3

Notice Pleading- what must complaint contain?

Answer 3

(1) statement of SMJ;
(2) short and plain statement of the claim, showing entitled to relied; AND
(3) demand for judgment

Question 4

Notice Pleading- detail

Answer 4

need not be made with great specificity or particularity, must plead facts supporting a plausible claim

However, specificity or particularity must be plead with FRAUD, MISTAKE, or SPECIAL DAMAGES

Special Damages are those that normally do not flow from an event