Pleadings

Question 1

What are the 3 things a complaint must include?

Answer 1

• short and plain statement of court’s subject matter jurisdiction
• short and plain statement of entitled to relief
• remedy sought

Question 2

Notice pleading

Answer 2

• short and plain statement of the claim showing that the pleader is entitled to relief
• not required to detail the facts of the plaintiff’s case or spell out the legal theory
• must give fair notice

Question 3

Types of claims requiring special pleading

Answer 3

• fraud or mistake
• special damages (damages that do no ordinarily follow from the wrong)
• requirement: alleged with particularity/specificity/detail

Question 4

Twombly/Iqbal Pleading

Answer 4

Two step inquiry
1. identify allegations that are conclusory or mere legal conclusions
2. look at remaining factual allegations and ask whether they add up to a plausible case for recovery –> dismiss if obviously unfounded

Question 5

Timing of answer

Answer 5

• w/in 21 days of service of the pleading
• If D waives service of process: 60 days of when request for waiver sent (90 if D resides outside of US)
• If D files motion to dismiss + denied –> answer within 14 days of denial

Question 6

Amendment to pleadings as of right

Answer 6

pleadings may be amended once at any time within 21 days of service of the pleading OR within 21 days of D’s response, if there is one

Question 7

If a plaintiff is serving an officer in his individual capacity, who does the plaintiff have to serve process on?

Answer 7

Even though a plaintiff is pursuing an action against a U.S. officer or employer in his individual capacity, the plaintiff is required to also serve process on the United States if the basis for the action is conduct that occurred in connection with duties performed on behalf of the United States.