Pleadings Flashcards
What is the difference between code pleading and notice pleading?
Notice pleading requires a brief statement showing entitlement to relief, while code pleading demands more factual detail. code pleading (used in a minority of states like California and New York).
What are the elements of a complaint?
A specific format including a caption with court details, party names, attorney contact information, and a designation of the document’s nature (e.g., “complaint”). Formatting, such as typed and double-spaced text with numbered paragraphs, ensures clarity and compliance with statutes and rules like Fed. R. Civ. P. 10. Complaints must include numbered paragraphs that separately state:
(1) Claims or causes of action.
(2)Facts unlikely to be contested apart from disputed allegations. This organization facilitates efficient responses by the opposing party.
Federal Rule 8(a) mandates that complaints include:
(1) A brief statement of jurisdictional grounds.
(2) A concise claim showing entitlement to relief.
(3) A demand for the relief sought. These elements ensure the complaint is legally sufficient to proceed.
True or False: Pleadings must be signed by attorneys or parties.
True, per Fed. R. Civ. P. 11(a).
Verification requirements vary by jurisdiction but may accompany affidavits for certain claims or when required by law.
What is a 12(b)(6) motion and what purpose does it serve?
A Motion to Dismiss tests the legal sufficiency of a complaint, assuming the truth of its allegations for the purpose of the motion. The court must interpret ambiguities in favor of the plaintiff.
What is the burden of pleading and who carries it?
The burden of pleading addresses who must include certain allegations in the pleadings. The plaintiff carries the burden of pleading claims and their elements, while the defense carries the burden of pleading affirmative defenses (see Gomez v. Toledo).
What is the burden of production?
It requires a party to provide enough evidence to allow the issue to proceed to a fact-finder. The goal with production is to survive an MSJ. Plaintiff carries the burden of producing evidence to support their claims. Defendant would carry the burden of producing evidence that supports any affirmative defenses they’ve claimed.
What is the burden of persuasion?
Determines which party must convince the fact-finder of a claim’s truth and to what standard (e.g., preponderance of the evidence in civil cases). Almost always falls on the plaintiff.
What’s the standard for complaints set forth in Swierkiewicz v. Sorema?
A complaint need not establish a prima facie case. Instead, it must satisfy the notice pleading requirements of Rule 8(a) by providing a short and plain statement of the claim, giving the defendant fair notice of the claim and its basis.
What’s the standard for complaints set forth in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal?
The Plausibility Requirement: Under Rule 8(a)(2) of the Federal Rules of Civil Procedure, a complaint must state enough facts to show a plausible claim for relief. Merely speculative or conclusory allegations do not meet this standard.
What does Fed. R. Civ. P. 9 say about heightened specificity?
Rule 9(b) requires fraud and mistake to be pleaded with particularity, reflecting concerns about reputational harm and preventing baseless accusations.
The complaint must detail the specific false statements and their material falsity to differentiate fact from opinion or prophecy.
This requirement discourages plaintiffs from merely labeling conduct as fraudulent without substantive support.
Rule 9(g): Claims for “special damages” must be specifically stated.
True or False: Inconsistent theories can be pleaded in the same complaint.
True, per Fed. R. Civ. P. 8(d). (Also, see McCormick v. Kopmann).
Allegations in a complaint are not judicial admissions but mere hypotheses. This is especially relevant when the plaintiff lacks personal knowledge of the key facts.
What standards and punishments exist for filing frivolous claims?
Rule 11 requires lawyers and parties to ensure their filings have factual and legal merit and are not submitted for improper purposes. Its key elements include:
(1) A certification of reasonable investigation and evidentiary support.
(2) Claims warranted by existing law or non-frivolous arguments for legal change.
(3) Prohibitions on filings made for improper purposes like harassment or delay.
Originally requiring bad faith for sanctions, Rule 11 was amended in 1983 to adopt an objective standard and mandatory sanctions. Sanctions now include nonmonetary penalties, fines, or fee-shifting, but they must be limited to what deters future misconduct. Monetary sanctions cannot be imposed on represented parties for legal merit violations.
28 U.S.C. § 1927: Allows sanctions against attorneys (not parties) for unreasonable and vexatious litigation tactics, requiring subjective bad faith in some circuits and objective standards in others. Advance notice and an opportunity to respond are mandatory.
What is a 12(b)(1) motion?
Lack of subject matter jurisdiction (non-waivable).
What waivable defenses can be found in Rule 12?
Rule 12(b)(2)-(5): Defenses related to personal jurisdiction, venue, and service of process (waivable if not timely raised).
What is a 12(c) motion?
A Motion for Judgment on the Pleadings. It can resolve a case early if no material factual disputes exist and the case can be decided by applying the law to the pleadings. Defenses like failure to state a claim or lack of subject matter jurisdiction may be raised here. If additional evidence is required, the court may convert the motion to one for summary judgment.
What standards for answers are set forth in Rule 8(b)?
Defendants must provide specific denials to give plaintiffs adequate notice of defenses.
A defendant’s answer responds to each paragraph of the plaintiff’s complaint by admitting, denying, or remaining silent. Admissions: Establish facts as true for the case and make further evidence inadmissible (e.g., Fuentes v. Tucker). Denials: Put allegations in issue, requiring the plaintiff to prove them.
Admissions simplify litigation by removing undisputed issues, but can limit evidence presentation. Denials impose a burden on the plaintiff to prove allegations and allow defendants to introduce evidence to disprove them.
What are affirmative defenses?
Defendants must affirmatively plead certain defenses, such as statute of limitations, estoppel, and waiver, per Rule 8(c). These defenses introduce new matters beyond simply denying the plaintiff’s allegations.
What are counterclaims?
Defendants can file counterclaims with their answers to assert claims against the plaintiff. Counterclaims are treated as separate complaints and are governed by Rule 13.
True or False: Parties can amend pleadings to correct mistakes or reflect new information discovered during litigation.
True, per Fed. R. Civ. P. 15(a).
Amendments are allowed “as a matter of course” within 21 days of serving a pleading or within 21 days of receiving a responsive pleading or Rule 12 motion.
After this period, amendments require either consent from the opposing party or court approval, which should be granted freely “when justice so requires.”
Courts are less likely to allow amendments that significantly shift case theories late in litigation, especially if they require new discovery or delay the trial.
An amended pleading supersedes the original, rendering it a “dead letter.” Only the amended pleading is operative going forward.
What is Fed. R. Civ. P. 15(c) (“Relation Back”)?
Federal Rule 15(c) allows an amended pleading to “relate back” to the original pleading’s filing date to avoid statute of limitations issues. If the original pleading is filed within the statutory period, an amended complaint meeting Rule 15(c)’s requirements will be treated as timely, even if filed after the statute of limitations expires.
Rule 15(c)(1)(B): Amendments asserting claims related to the same conduct, transaction, or occurrence in the original complaint can relate back.
Rule 15(c)(1)(C) allows amendments correcting naming errors to relate back if:
a) The claim arises from the same conduct as the original complaint.
b) The proper defendant receives notice within 120 days of filing (under Rule 4(m)).
c) The defendant knew or should have known they were the intended party.
Plaintiffs naming “John Doe” defendants face stricter standards.
What is agency estoppel?
A party may be prevented from denying agency relationships when its conduct has implied such a relationship.
What is equitable estoppel?
A party may be barred from asserting certain defenses if its misleading conduct caused the opposing party to miss a legal opportunity.
