pleadings Flashcards
complaint in GDC
informal
warrant in debt
circuit court complaint requirements
include facts establishing claim for relief
ad damnum clause
signed by atty
ad damnum clause
demand for relief
P cant recover more than stated
what motion can i use to ask for an essential doc that is mentioned in the complaint but not attached
motion craving oyer
what does the atty signature signify
i read it
its supported by good facts and law
no improper purpose
what motion if my complaint’s info is sufficient?
bill of particulars
how long does a defendant have to file an answer?
21 days from service
may a judge grant a defendant additional time beyond 21 days to file
yes
factors to consider if the judge wants to grant additional time
length and reason for delay
D good faith
prejudice to P
aggressive pleadings
asserting claim for relief
complaint or counterclaim
responsive pleadings
responding to an aggressive complaint
demurrer definition
responsive pleading
states OG pleading does not state claim for which relief can be granted or state c/a
when must a demurrer be filed?
before or at same time as other responsive pleadings
motion to strike pleading
challenge sufficiency of responsive pleading
when must you file motion to object to venue in CC?
within 21 days of service of process
when must you file motion to object to venue in GDC?
on or before day of trial
what do you need to file an amended pleading?
leave of court
Plea in bar
Used when D has complete defense to P claim
How does the court handle untimely filed pleadings
Court discretion
good cause
can get relief from default
Lis pendens
General notice a suit affecting title to land is presently pending
grounds for sanctions
failure to comply with discovery request
frivolous motions
failure to attend own depo
improper purpose
not warranted in good law
what can the court do to sanction
contempt
revoke license
report you to bar
what does the court have with regard to sanctions
inherent authority to issue sanctions
amending pleading within 21 days
liberally granted
can be oral for divorce
demurrer requirements
must state specific grounds
court can only look to face of P complaint
