Pleadings Flashcards
When must a defendant respond to a complaint?
No later than 21 days after service of process by motion or answer.
What must defendant do in the answer?
Respond to allegations in the complaint, and raise all affirmative defenses (in good faith) that will be waived if not raised.
If the defendant brings a motion instead of an answer, will he waive affirmative defenses if not raised in the motion?
No - a motion is not a FRCP 12 pleading.
When must a D raise lack of personal jurisdiction?
In the first FRCP 12 pleading brought or else it’s waived.
When must D raise improper venue?
In the first FRCP 12 pleading brought or else it’s waived.
When must D raise insufficient process (a problem with the documents)?
In the first FRCP 12 pleading brought or else it’s waived.
When must D raise insufficient service of process?
In the first FRCP 12 pleading brought or else it’s waived.
When must D raise failure to state a claim on which relief can be granted?
D can raise failure to state a claim on which relief can be granted for the first time at any point during the trial.
When must D raise failure to join an indispensable party?
D can raise failure to join an indispensable party for the first time at any point during the trial.
When must D raise lack of subject matter jurisdiction?
D can raise lack of subject matter jurisdiction any time during the case, even for the first time on appeal.
What does the notice pleading system require of the complaint?
A statement of subject matter jurisdiction, a short and plain statement of the claim, showing entitlement to relief, and a demand for judgment.
How specific must the claim in the complaint be?
It must show facts supporting a PLAUSIBLE claim not merely a possible claim.
Which three types of claims require a heightened pleading standard?
Fraud, mistake, and special damages (that don’t ordinarily flow from an event).
