Pleadings

Question 1

Alternative/ hypothetical pleading

Answer 1

If not X then Y, pleading is sufficient if any of the pleadings is sufficient.
8(d)(2)

Question 2

Rule 8 Requires Pleadings to contain

Answer 2

allegations that are simple, concise and direct
short plain statement of the grounds on which the claim rests
a short plain statement of the plaintiff’s claim for relief
a demand for the relief sought

Question 3

Purpose of the Pleading

Answer 3

Give notice to the defendant of the claim and the grounds on which it rests

Question 4

Use of Forms in FRCP

Answer 4

Forms in the Appendix are sufficient pleadings under the FRCP

Question 5

defense to the face of the pleading under code pleading is accomplished by a

Answer 5

demurrer

Question 6

Affirmative defenses- location and use

Answer 6

listed in 8(c) and must be submitted in the defenses answer to the complaint
they include but are not limited to:
statute of limitations
fraud
duress
estoppel
contributory negligence

Question 7

Compulsory Pleadings

Answer 7

Claim and Answer

Answer to any new claim/ matter as arises under a cross claim or counter claim or as an affirmative defense

Question 8

Plaintiff’s response to defense answer

Answer 8

no response necessary it is presumed the plaintiff denies

Question 9

Special Requirements that must be brought up in Pleadings

Answer 9

Governed by Rule 9 these issue must be addressed in Pleadings
capacity to Sue or be sued
Fraud or Mistake
Conditions Precedent
Official Document or Act
Judgment already rendered
issue with time and place of alleged claim

Question 10

How to bring up defects in pleadings

Answer 10

either pretrial motion, or in the answer to the complaint

Question 11

Response to finding of defects in the pleadings

Answer 11

Governed by Rule 15
chance to amend the complaint granted if within 21 days of serving it, or of having the response served
or if the court allows

Question 12

Damages not specifically sought in pleading can be sought as

Answer 12

general damages

Question 13

To seek specific damages the plaintiff must

Answer 13

list them in the pleading governed by Rule 9 (g)

Question 14

What are negative pregnant pleadings?

Answer 14

pleadings that have a denial that implies an admission, occurs when the defendant uses the same language as the complaint

Question 15

Responding to defenses prematurely

Answer 15

It is permissible to state in the plaintiffs complaint a potential defense to an affirmative defense the defendant is likely to raise.

Question 16

If affirmative defense arises after pleadings

Answer 16

defendant may assert it through a supplemental pleading

Question 17

Good-Faith in pleadings

Answer 17

parties are required to plead in good faith and sanctions can be given if it is discovered that a party plead in bad-faith
Governed by Rule 11