Pleadings Flashcards
Complaint - Content
Must contain:
- statement of grounds of subject matter jurisdiction
- short + plain statement of the claim showing that the plaintiff is entitled to relief AND
- demand for relief sought (ex: damages, injunction, declaratory judgment)
- pl need NOT allege grounds for PJ or venue
Details Required in the Complaint
- pl must plead facts sufficient to support a plausible claim
- to determine plausibility, judge uses own experience + common sense
- def can challenge complaint by making a rule 12(b)(6) motion to dismiss for failure to state a claim
Special Pleading Requirements for Certain Cases
- fraud, mistake, + special damages must be pleaded with more detail
-> with particularity + specificity
Defendant’s Response - Overview
Must respond in one of two ways:
1) by motion OR
2) by answer
Defendant’s Response - Timing
- to avoid default, def must respond no later than 21 days after being served w/ process
-> if def waived service, they have 60 days from when pl mailed waiver form to respond
Motions - Basic Concept
- NOT pleadings
- they are requests for a court order
Motions Addressing Issues of Form
- covered by Rule 12
- 12(e): motion for more definite statement -> used where complaint is so vague + ambiguous that def can’t respond (must make before answering)
- 12(f): motion to strike -> asks court to remove redundant or immaterial things from a pleading
-> any party can move to strike
Waivable Defenses - General Concept
- covered by Rule 12(b)
- “3 Ps and a V”
- waived if not put in first Rule 12 response (motion or answer)
Waivable Defenses - List
- lack of PJ
- improper venue
- improper process (problem with the papers) AND
- improper service of process
Non-Waivable Defenses
- also included in 12(b)
Include:
- failure to state a claim
- failure to join an indispensable party
(both of above can be made as late as at trial)
- lack of SMJ (can raise at any time)
What does def need to do if Rule 12 motion denied?
- serve answer no later than 14 days after the denial
Answer - Two Core Components
Def needs to:
- respond to the allegations in the complaint
- raise affirmative defenses
Answer - Responding to Complaint
Def may:
- admit some or all allegations
- deny some or all allegations
- state that she has insufficient knowledge to admit or deny (has effect of denial)
-> can’t do this if the answer to the allegation is in your control
- failure to deny any allegation is an admission except regarding the amount of damages
Answer - Affirmative Defenses
- inject new facts into case that would allow def to win
Classic ones include:
- statute of limitations
- Statute of Frauds
- res judicata
- self defense
- all Rule 12(b) defenses can also be pleaded as affirmative defenses
Affirmative Defenses - Pl Response
- NO respond required
-> the allegations in def’s answer are deemed denied
Amended Pleadings - Possible Fact Patterns
- right to amend
- amendment after “right to amend” has expired
- variance
- amendment after statute of limitations has run
Right to Amend - By Pl
- pl has right to amend her complaint ONCE as of course no later than 21 days after def serves her first Rule 12 response
Right to Amend - By Def
- def has righto to amend answer ONCE as of course no later than 21 days after serving it
- may include omitted rule 12(b) waivable defenses in amendment (if forgot to include in original answer)
Amendment After “Right to Amend” Has Expired
- after period to amend as of right, amending party must seek leave of court (or get written consent of opposing party)
- court will grant leave to amend if “justice so requires”
Amendment After “Right to Amend” Has Expired - Factors Considered
- length of delay
- prejudice to the other party
- futility of amendment
Variance
- comes up when the ev at trial doesn’t match what was pleaded
- if other party fails to object at trial, party introducing the ev may move to amend the complaint to conform to the evidence
Amendment After Statute of Limitations Has Run (Relation Back) - Possible Reasons
- to join a claim not originally asserted
- to change a defendant
Amendment After Statute of Limitations Has Run (Relation Back) - To Join a Claim
- an amended pleading “relates back” if it concerns the same conduct, transaction or occurrence as the original pleading (the pleading that is being amended)
- relation back means you treat the amended pleading as though it was filed when the original was filed, so it can avoid a statute of limitations problem
Amendment After Statute of Limitations Has Run (Relation Back) - To Change a Defendant
Amendment will relate back if:
- amendment concerns the same conduct, transaction or occurrence as the original
- def had such knowledge of the case such that she will be able to avoid prejudice AND
- def knew or should’ve known that, but for a mistake, she would’ve been named originally
- the knowledge for the last two points must’ve come w/in the period for service of process (90 days after filing complaint)
- applies when pl sued wrong def first, but right def knew about it
Supplemental Pleadings
- set forth things that happened after the pleadings were filed
- no right to file a supplemental pleading -> need to make a motion
-> whether that motion is granted is w/in discretion of trial court
Rule 11 Signature Requirement - Scope of Application
- applies to all papers except discovery (which is treated by a different, similar rule)
Rule 11 Signature Requirement - Significance
When lawyer or pro se party signs docs, she certifies that to the best of her knowledge and belief, after reasonable inquiry:
- the paper is not for an improper purpose
- legal contentions are not warranted by law or a nonfrivolous argument for a law change AND
- factual contentions and denials of factual contentions have evidentiary support or are likely to after further investigation
- a party makes this certification every time she “presents” a position to the court (ex: when she later advocates a position taken in the doc) -> it is a “continuing certification”
Sanctions - Overview
- purpose = deter repeat of the conduct
- may be imposed against the party, lawyer or lawyer’s firm who committed a violation
- court an raise Rule 11 violations sua sponte (by issuing order to show cause why sanctions shouldn’t be imposed)
-> BUT must give the sanctioned party opp to be heard before imposing sanction
Types of Sanctions
- often non-monetary (such as requiring the lawyer to attend professionalism classes)
- monetary sanctions are often paid to court, not the other party
Safe Harbor Provisions
- if the other party violates Rule 11, the opposing party cannot immediately file a motion for sanctions
-> serves the motion on the other party but doesn’t file it w/ the court yet - party in violation has a safe harbor of 21 days in which to fix the problem and avoid sanctions
-> if chooses not to do so, the motion can be filed with the court
