Pleadings

Question 1

list (3)

A complaint must contain

Answer 1

1. SMJ- a statement on the grounds of SMJ
2. Claim - short and plain statement of the claim showing that P is entitled to relief - AND -
3. Relief - demand for relief sought (damages, injunction, DJ etc)

Plaintiff need not allege grounds for PJ or venue

Question 2

In stating claim, P must plead

Answer 2

sufficient facts to support a plausible claim

Question 3

How can D challenge a Ps claim

Answer 3

by filing a 12(b)(6) motion to dismiss for failure to state a claim

Question 4

Defendant must respond to P’s claim within ______ days to avoid default

Answer 4

1. 21 days after being served with process
2. 60 days if process waived

Question 5

A _____ for more definite statement is used when complaint is so vague or ambiguous that D simply cant respond

Answer 5

12(e)

Question 6

12(e)

Answer 6

A motion for more definite statement that is used when complaint is so vague or ambiguous that D simply cant respond

Question 7

A _____ motion to strike which asks courts to remove redundant or immaterial things from a pleading

Answer 7

12(f)

Question 8

12(f)

Answer 8

A _____ motion to strike which asks courts to remove redundant or immaterial things from a pleading

Question 9

12(f)

Answer 9

A 12(f) motion to strike asks courts to remove redundant or immaterial things from a pleading (ie complaints, an answer etc)

Question 10

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?

Answer 10

1. A lack of personal jx
2. Improper process
3. Improper service of process
4. Improper venue

Question 11

list (3)

12(b) defenses that can be raised later

Answer 11

1. failure to state a claim - can be made as late as at trial
2. failure to join an indispensable party - can be made as late as at trial
3. lack of SMJ - can be raised at any time

Question 12

If Rule 12 motion is denied, D has ____ days to serve her answer

Answer 12

14 days after notice of denial

Question 13

3As and a V

Four fact patterns for amended pleadings

Answer 13

1. right to amend
2. amendment after right to amend has expired
3. amendment after SOL has run (“relates back”)
4. variance

Question 14

P has right to amend complaint how many times

Answer 14

once

Question 15

Within how many days does P need to amend complaint

Answer 15

21 days after D serves P with first Rule 12 response

Question 16

D has right to amend complaint how many times

Answer 16

once

Question 17

Within how many days does D need to amend complaint

Answer 17

within 21 days of serving it

Question 18

What is variance

Answer 18

when evidence at trial does not match what was pleaded

Question 19

If other party failes to object to variance at trial, then

Answer 19

party introducing evidence may move to amend complaint to conform to evidence