Pleadings

Question 1

Complaint must contain:

Answer 1

Statement of the grounds of SMJ

Short and plain statement of the claim showing P is entitled to relief

Demand for relief sought

Question 2

P must plead ____ facts to support a ____ claim.

Answer 2

Sufficient; plausible

Question 3

Special pleading requirements are for ___ cases, and those pleadings must be made with ____.

Answer 3

Fraud, mistake, or special damages;

Particularity or specificity

Question 4

D can respond by ___ or ___ no later than ___ after being served.

If D waived service, he gets ____ to respond.

Answer 4

Motion; answer
21 days
60 days

Question 5

Rule 12(f) is a motion to:

Answer 5

Strike redundant or immaterial things from a pleading

Question 6

Waivable Rule 12(b) defenses: (if not raised in the first Rule 12 motion or answer)

Answer 6

Lack of personal jurisdiction
Improper venue
Improper process
Improper service of process

Question 7

Non-waived Rule 12(b) defenses:

Answer 7

Failure to state a claim
Failure to join an indispensable party
Lack of SMJ

Question 8

Non-waived defenses can be raised after trial. T/F

Answer 8

False, only as late as at the trial

Question 9

Answers do two things:

Answer 9

Respond to allegations in the complaint (admit, deny, or say you have insufficient knowledge to do either)

AND

Raise affirmative defenses

Question 10

Failure to deny an allegation is _____ except regarding ____.

Answer 10

An admission; the amount of damages

Question 11

Affirmative defenses not raised in the answer may be treated as ___.

Answer 11

Waived

Question 12

P must respond to affirmative defenses in D’s answer. T/F

Answer 12

False

Question 13

P may amend complaint ___ time no later than ___ after D serves her first Rule 12 response.

Answer 13

One; 21 days

Question 14

D may amend his answer ___ time no later than ___ after serving it.

Answer 14

One; 21 days

Question 15

Courts may grant leave to amend when ___.

Answer 15

Justice so requires

Question 16

When evidence at trial does not match what was pleaded, this is called ___. If the other party fails to object, the introducing party may move to ____.

Answer 16

Variance

Move to amend the complaint to conform to the evidence

Question 17

A claim not originally asserted may avoid a SoL problem if it _____, which requires that the claim concern ____.

Answer 17

Relates back; the same conduct, transaction, or occurrence as the original pleading

Question 18

An amendment to change the defendant must ____. It will do so if ____ (three factors).

Answer 18

Relate back

Amendment concerns the same conduct, transaction, or occurrence as the original;
D had knowledge of the case such that she will be able to avoid prejudice; and
D knew or should have known that she should have been named originally

🫠 Basically, P sued the wrong defendant and the right defendant knew about it 🫠

Question 19

Is there a right to file a supplemental pleading for something happening after the pleading was filed?

Answer 19

No. Always in discretion of the court upon P’s motion

Question 20

Rule 11 certification means that the attorney is certifying that, to the best of her knowledge and belief, after reasonable inquiry, these things are true:

Answer 20

Paper is not presented for improper purpose

Legal contentions are warranted by the law OR a good argument that the law should be changed

Factual contentions and denials have evidentiary support

Question 21

Before imposing sanctions, court must give the sanctioned party ____.

Answer 21

An opportunity to be heard

Question 22

If other party violates Rule 11, opposing party must serve motion on other party but not file with court until the violating party has ___ to fix the problem.

This is called the ___.

Answer 22

21 days

Safe harbor provision