Pleadings Flashcards
Complaint, Answer, Reply, Defenses, Amendments, Certification
Motion to Dismiss: Failure to State a Cause of Action
Under Rule 12(b)(6), claim for relief can be dismissed if it fails to assert legal theory of recovery or fails to allege facts in support of a cognizable claim.
To decide such a motion, court will:
1) Treat all well-pleaded facts as true
2) Resolve all doubts and inferences in plaintiffs favor
3) View pleading in light most favorable to plaintiff
Right to Jury Trial
7th Amendment permits the right to jury trial in federal court where amount of controversy exceeds 20 dollars.
Requirements:
1) Seeking legal (not equitable) damages
2) Demand is in writing
3) Within 14 days of last pleading
What happens when a party raises their right to jury trial when there are both legal and equitable claims of relief?
If the same case involves both legal and equitable issues, then the legal claims are normally tried first before the jury, and then the equitable claims are later determined by the court.
When may a party amend it’s complaint?
21 days as a matter of course, after:
1) Original complaint was file
2) Answer or other responsive motion filed
What is the relation back doctrine?
An amendment to a pleading will relate back to the date of the original pleading, depending on if the amendment adds:
1) A new claim
2) A new party
Relation Back Doctrine: New Claim
An amendment to an original complain may add a new claim or defense if it arose or relates to the conduct, transaction, or occurrence set out in the original pleading.
Relation Back Doctrine: New Party
Amendment to original complaint may add a party if:
1) Amendment asserts claim or defense that arose or relates to the conduct, transaction, or occurrence set out in the original pleading.
2) Within 90 days of original complaint, and added party gest notice
3) Party to be added knew or should have known that they would have been brought in, but for a mistake concerning prior party’s identity
What is a motion for summary judgment?
If the pleadings, discovery, and affidavits show that there is no genuine dispute of material fact.
Material fact exists when a reasonable jury could return verdict in favor of nonparty.
Court must construe all evidence in light of nonmoving party.
Joinder of Claims
The FRCP allows a single plaintiff to join all claims against a single defendant, so long as there is SMJ for each claim.
Can do so regardless if they arise from same transaction.
What is a well-pled complaint?
A complaint can be dismissed for failing to assert a legal theory of recovery that is cognizable at law or **fails to allege sufficient facts to support a claim.
Analysis:
1) Court must identify and reject legal conclusions unsupported by factual allegations
2) Court will assume truth or veracity of allegations using common snse.
What is a notice pleading?
Complaint must contain:
1) SMJ
2) Statement of claim
3) Demand for relief
What types of complaints must be pleaded with particularity or specificity?
Claims that bring cause of action for special damages.
Includes:
1) Fraud
What is a compulsory joinder?
When a party’s presence is necessary for a just adjudication. This may serve as a basis for a motion to dismiss.
Required if:
1) Complete relief cannot be granted in absence of third party
2) Disposition in absence of person may impair third party’ ability to protect interest.
3) Third party’s absence would leave existing parties with a substantial risk of multiple or inconsistent obligations.
Party cannot be joined if they destroy jurisdiction or venue.
