Pleadings

Question 1

claim for relief

Answer 1

a pleading must contain:
1. grounds for court’s jurisdiction (SMJ): UNLESS court already has it and no further support is needed,
2. the claim showing pleader is entiteld to relief, AND
3. demand for relief sought

NOTE: special/heightened state-law pleading rules do NOT apply in federal court

well-pleaded complaint: plead facts w/ particularity

Question 2

responsive pleading

Answer 2

it must:
1. state defenses to each claim asserted, AND
2. admit or deny the allegations asserted

NOTE: an allegation is deemed admitted if:
1. a responsive pleading is required, AND
2. the allegation is NOT denied

Question 3

amendments to pleadings

Answer 3

5 types
1. as of right
2. by permission
3. adding affirmative defenses
4. waived defenses
5. relation back doctrine

Question 4

as of right

Answer 4

allowed to amend once as a right w/in 21 days after service of:
1. original pleading, OR
2. a responsive pleading or pre-answer otion to the OG pleading

Question 5

by permission

Answer 5

in all other cases, an amendment is allowed:
1. w/ the opposing party’s written consent, OR
2. w/ leave of the court upon motion (should be freely granted when justice so requires)

Question 6

adding affirmative defenses

Answer 6

a party must set forth ALL affirmative defenses to the claim alleged
- if a party fails to do so, the pleading MUST be amended

Question 7

waived defenses

Answer 7

if the following defenses are NOT included in D’s first response (answer/pre-answer motion), they are deemed waived:
1. lack of PJ
2. improper venue
3. insufficient process
4. insufficient service of process

BUT: courts have allowed adding waivable defenses to a motion to dismiss when:
1. promptly made, AND
2. it’s prior to a hearing on the OG motion

Question 8

relation back doctrine

Answer 8

when a complaint is amended to add a:
1. New claim: relates back to the date of the OG filing so long as it arises out of the same transaction or occurrence as the OG pleading allegations
2. New Defendant: relates back so long as:
- same transaction and occurrence,
- new party recieved notice of the OG action w/in 90 days of filing, AND
- new party knew (or should have known) that the action would have been brought against it but for a mistake in the party’s identity

Question 9

counterclaims

Answer 9

a claim against an opposing party

two types:
1. permissive counterclaim
2. compulsory counterclaim

Question 10

permissive counterclaims

Answer 10

counterclaims that are NOT compulsory

Question 10

compulsory counterclaim

Answer 10

a claim that:
1. arises out of the same transaction and occurrence, AND
2. does NOT require adding another party out of the court’s jx
- MUST be stated in party’s pleading or it’s barred in future litigation

Question 11

same transaction or occurrence factors

Answer 11

courts analyze whether:
1. issues of fact and law are largely the same
2. res judicata would bar a subsequent suit,
3. substantially the same evidence supports or refutes the claims, AND
4. if there is any logical relation between the claim and counterclaim

NOTE: the presence of any factor above supports that the claim arises out of the same transaction or occurrence

Question 12

cross-claims

Answer 12

a pleading may state a claim against co-party (co-D) as a cross-claim
- BUT, only if it arises out of the same transaction or occurrence as the OG action or counterclaim