pleadings Flashcards

1
Q

complaint in GDC

A

informal

warrant in debt

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2
Q

circuit court complaint requirements

A

include facts establishing claim for relief

ad damnum clause

signed by atty

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3
Q

ad damnum clause

A

demand for relief

P cant recover more than stated

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4
Q

what motion can i use to ask for an essential doc that is mentioned in the complaint but not attached

A

motion craving oyer

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5
Q

what does the atty signature signify

A

i read it

its supported by good facts and law

no improper purpose

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6
Q

what motion if my complaint’s info is sufficient?

A

bill of particulars

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7
Q

how long does a defendant have to file an answer?

A

21 days from service

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8
Q

may a judge grant a defendant additional time beyond 21 days to file

A

yes

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9
Q

factors to consider if the judge wants to grant additional time

A

length and reason for delay

D good faith

prejudice to P

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10
Q

aggressive pleadings

A

asserting claim for relief

complaint or counterclaim

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11
Q

responsive pleadings

A

responding to an aggressive complaint

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12
Q

demurrer definition

A

responsive pleading

states OG pleading does not state claim for which relief can be granted or state c/a

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13
Q

when must a demurrer be filed?

A

before or at same time as other responsive pleadings

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14
Q

motion to strike pleading

A

challenge sufficiency of responsive pleading

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15
Q

when must you file motion to object to venue in CC?

A

within 21 days of service of process

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16
Q

when must you file motion to object to venue in GDC?

A

on or before day of trial

17
Q

what do you need to file an amended pleading?

A

leave of court

18
Q

Plea in bar

A

Used when D has complete defense to P claim

19
Q

How does the court handle untimely filed pleadings

A

Court discretion

good cause

can get relief from default

20
Q

Lis pendens

A

General notice a suit affecting title to land is presently pending

21
Q

grounds for sanctions

A

failure to comply with discovery request

frivolous motions

failure to attend own depo

improper purpose

not warranted in good law

22
Q

what can the court do to sanction

A

contempt

revoke license

report you to bar

23
Q

what does the court have with regard to sanctions

A

inherent authority to issue sanctions

24
Q

amending pleading within 21 days

A

liberally granted

can be oral for divorce

25
Q

demurrer requirements

A

must state specific grounds

court can only look to face of P complaint