Pleadings Flashcards
list (3)
A complaint must contain
- SMJ- a statement on the grounds of SMJ
- Claim - short and plain statement of the claim showing that P is entitled to relief - AND -
- Relief - demand for relief sought (damages, injunction, DJ etc)
Plaintiff need not allege grounds for PJ or venue
In stating claim, P must plead
sufficient facts to support a plausible claim
How can D challenge a Ps claim
by filing a 12(b)(6) motion to dismiss for failure to state a claim
Defendant must respond to P’s claim within ______ days to avoid default
- 21 days after being served with process
- 60 days if process waived
A _____ for more definite statement is used when complaint is so vague or ambiguous that D simply cant respond
12(e)
12(e)
A motion for more definite statement that is used when complaint is so vague or ambiguous that D simply cant respond
A _____ motion to strike which asks courts to remove redundant or immaterial things from a pleading
12(f)
12(f)
A _____ motion to strike which asks courts to remove redundant or immaterial things from a pleading
12(f)
A 12(f) motion to strike asks courts to remove redundant or immaterial things from a pleading (ie complaints, an answer etc)
List (4), “3P’s and a V”
If D does not include these defenses in his first Rule 12 response, then they are considered to be waived.
What are theses defenses?
iow: what are the defenses that D must raise in the first Rule 12 motion or else they are considered waived?
- A lack of personal jx
- Improper process
- Improper service of process
- Improper venue
list (3)
12(b) defenses that can be raised later
- failure to state a claim - can be made as late as at trial
- failure to join an indispensable party - can be made as late as at trial
- lack of SMJ - can be raised at any time
If Rule 12 motion is denied, D has ____ days to serve her answer
14 days after notice of denial
3As and a V
Four fact patterns for amended pleadings
- right to amend
- amendment after right to amend has expired
- amendment after SOL has run (“relates back”)
- variance
P has right to amend complaint how many times
once
Within how many days does P need to amend complaint
21 days after D serves P with first Rule 12 response
D has right to amend complaint how many times
once
Within how many days does D need to amend complaint
within 21 days of serving it
What is variance
when evidence at trial does not match what was pleaded
If other party failes to object to variance at trial, then
party introducing evidence may move to amend complaint to conform to evidence
