Pleadings

Question 1

What are Pleadings? Rule 3

Answer 1

The documents in which the parties set forth their claims and defenses

A plaintiff must file a complaint to start a civil case in federal court

Question 2

What is the Complaint and what does it contain ? Rule 8(a)

Answer 2

Document Plaintiff Files to kick start the suit:

A complaint must contain:
1. Jurisdictional statement (SMJ)
2. A statement of the claim (doesn’t have to give a lot of detail)
3. A demand for relief (tell the court what you want)

Question 3

What is an Answer and what must it contain? Rule 8(b)(c)

Answer 3

Answers a Complaint

An answer must:
1. Admit, deny, or state that the party lacks knowledge or information to admit or deny every single allegation asserted against it by the opposing party AND
2. State all defenses to each claim against it, including all avoidance and affirmative defenses

Question 4

What Other Possible Pleadings (3) ? Rule 7(a)

Answer 4

1. CounterClaim
2. CrossClaim
3. Third Party Complaint

Question 5

What is a Counterclaim?

Answer 5

Defendant asserts a claim against Plaintiff, plus an answer (plaintiff responds to defendant’s claim)

Question 6

What is a Crossclaim?

Answer 6

Where there are two different defendant’s and D #1 issues a claim against D #2, plus an answer

Question 7

What is a Third Party Complaint?

Answer 7

Defendant claims that a person not involved in the case is to blame, plus an answer

Question 8

What is a Motion to Dismiss and when are they filed ? Rule 12(b)

Answer 8

Applies to Defendants to get a claim tossed out early

Filed before responding to a pleading

Can be applied to an answer as well

Question 9

What are the 7 ways that before responding to a pleading, can a party file a motion to dismiss for?

Answer 9

1. Lack of Subject Matter Jurisdiction
2. Lack of Personal Jurisdiction
3. Improper Venue
4. Insufficient Process (i.e., incomplete court paperwork)
5. Insufficient service of process (i.e., court paperwork not delivered as required by law),
6. Failure to state a claim upon which relief can be granted, OR
7. Failure to join a necessary party under Rule 19

Question 10

How can one survive a motion under Rule 12(b)(6): Failure to state a claim

Answer 10

TWIQBALL:
a. A complaint must contain sufficient factual matter accepted as true, to state a claim to relief that is plausible on its face

b. Plaintiff must plead facts supporting a plausible claim:

Question 11

What is Discovery? Rule 26(a) & (b)

Answer 11

a. Rule 26(a):
1. Some evidence (e.g., information to be used to support claims and defenses: names and contact information for people likely to have discoverable information, documents to be used) must be disclosed to other parties without awaiting a discovery request.

b. Rule 26(b):
1. In general, parties may obtain discovery “regarding any non-privileged matter that is relevant,” if the discovery is “proportional to the needs of the case.”