Pleadings

Question 1

Rule 11

Answer 1

Rule 11(a): signature on paper
Rule 11(b): certification that (1) not improper purpose, (2) warranted by law, (3) supported by evidence, (4) denials supported by evidence
Rule 11(c): sanctions

Question 2

Rule 11(b): Certification of Papers

Answer 2

Every paper must be certified that:
1. Not for improper purposes
2. Claims warranted by existing law or arguing for law change
3. Factual allegations supported by evidence (known now or will be uncovered in future discovery)
4. Denials of factual allegations supported by evidence or lack of information

Question 3

Rule 11(c): Sanctions

Answer 3

If Rule 11(b) has been violated courts may impose sanctions. Sanctions are limited to what will deter the behavior. See notes for more.

Question 4

Walker v. Norwest Corp.

Answer 4

Plaintiff failed to plead the defendants’ citizenships and therefore violated 11(b)(3). They had not done the research to determine the defendants’ citizenships and therefore could not establish complete diversity. Rule 11 sanctions are appropriate in this case.

Question 5

Christian v. Mattel

Answer 5

The plaintiff failed to conduct an adequate fact investigation, which would have easily contradicted the factual assertions in the claim and therefore violated Rule 11.
Rule 11 only covers signed papers, not the outside conduct of an attorney.

Question 6

Moore v. Baker

Answer 6

The proposed amendment concerned a different set of facts than arose from the original transaction or occurrence and therefore under Rule 15(c)(2) the amendment was not allowed.

Question 7

Bonerb v. Richard J Caron Foundation

Answer 7

The proposed amendment, although it did not specifically involve the original claim, arose from the same general set of facts and therefore under Rule 15(c)(2) was permitted.

Question 8

Rule 15(a): Amending as a Matter of Course

Answer 8

A party may amend as a matter of course (not requiring permission) once if within 21 days of service or response, otherwise the opposing party or court must give written permission.

Question 9

Rule 15(b): Amending During and After Trial

Answer 9

A party may amend if they object to evidence admitted because it is not within the scope of the issue or to include issues not raised in the initial pleading but which are being litigated regardless.

Question 10

Rule 15(c): Relation Back

Answer 10

A party can amend a pleading after the statute of limitations has run if it relates back to the original pleading.
Relates back if:
1. Law which applies the statute of limitations allows relation back
2. Amendment asserts a claim which arose from the original transaction or occurrence
3. Opposing party given proper notice and knew that a suit would be brought against it