Pleadings

Question 1

Contents of a Complaint

Answer 1

The complaint must contain:
(1) A statement of grounds of subject matter jurisdiction

(2) A short and plain statement of the claim showing that the plaintiff is entitled to relief, and

(3) A demand for relief sought.

P DOES NOT need to allege grounds for PJ or venue

Question 2

Details Required in Stating a Claim

Answer 2

The plaintiff must plead sufficient facts to support a plausible claim

Question 3

Matters Requiring More Detail

Answer 3

• Fraud
• Mistake
• Special Damages

Question 4

Two ways D can respond to a complaint

Answer 4

(1) by motion
(2) by answer

Question 5

When does D need to respond to a complaint

Answer 5

Within 21 days (OR within 60 days if D waived service)

Question 6

What is a “motion for more definite statement”

Answer 6

A motion used when the complaint is so vague or ambiguous that the defendant simply cannot respond.

D must make this motion before answering

Question 7

What is a “motion to strike”

Answer 7

A motion that asks the court to remove redundant or immaterial things from a pleading.

Any party can move to strike.

Question 8

What 12(b) defenses will be waived if they are not put in the first motion or answer?

Answer 8

• Lack of personal jurisdiction
• Improper venue
• Improper process (the documents were wrong)
• Improper service of process

Question 9

What 12(b) defenses are not waived even if they are not included in the first response?

Answer 9

• Failure to state a claim and a failure to join an indispensable party (latest this can be made is at trial)
• Lack of SMJ (can be raised at any time)

Question 10

What does D need to do if their motion to dismiss is denied?

Answer 10

Serve her answer no later than 14 days after notice of the denial.

Question 11

Plaintiff’s Right to Amend

Answer 11

The plaintiff has a right to amend her complaint once no later than 21 days after the defendant serves her first Rule 12 response.

Question 12

Defendant’s Right to Amend

Answer 12

The defendant has a right to amend his answer once no later than 21 days of serving it.

Question 13

D’s Answer

Answer 13

• Responds to allegations in the complaint (admit, deny, lack sufficient info)
• Raise affirmative defenses (Waived if not asserted in answer)

Question 14

Amending Pleadings and Waiving Defenses

Answer 14

If the defendant’s first response was an answer, in which they forgot to raise “waivable defenses” and forgot to raise an affirmative defense, they can amend their answer to include the “waivable defenses” and the affirmative defense.

Question 15

Amendments After the Time to Amend has Expired

Answer 15

Can be done with court’s permission if justice so requires

Allowed unless delayed too long, with prejudice to the other party, or would be futile.