Pleadings

Question 1

What must pleadings contain?

Answer 1

Generally need plain statement and to give notice of claims and defenses pleading + factual allegations of venue

Question 2

What are 3 complaint quirks?

Answer 2

a. Verified Complaints: sworn to by someone with personal knowledge of the facts alleged. unnecessary except for petitions for divorce and extraordinary equitable relief.

b. Attorney Certification: Section 11 of the CPA requires attorney to sign and certify that she has read every pleading and it is not brought for delay.

c. Professional Malpractice cases: plaintiff must include an affidavit of an expert, setting forth specifically at least one negligent act/omission claimed to exist and the factual basis for it

Question 3

Responsive motions

Answer 3

Following must be filed in 1st responsive pleading within 30 days of service or waive chance to plead:
Lack of PJ
Improper process
Challenge to venue

Question 4

What do you need special verifications/certifications for pleadings of?

Answer 4

Divorce
Extraordinary equitable relief
Atty signs that they have not Delayed
In Professional malpractice cases, need affidavit of expert

Question 5

Effect of Responsive Motion on Discovery

Answer 5

If a responsive motion is filed, discovery is stayed for 90 days or until the court rules on the objection, whichever happens first.