Pleadings

Question 1

Adequacy of the Complaint (jurisdiction and damages)

Answer 1

Jurisdiction: Rule 8(a)(1) requires short, plain statement

Damages: 8(a)(3): short, plain statement of relief sought. If the damages are not the foreseeable result of events, then they must be specifically stated. However, any relief can be granted by the court (except in default judgment).

Question 2

Adequacy and Timeliness of the Answer

Answer 2

Timeliness: Rule 12(a). If formal service waived, then 60 days (90 for alien D). If not waived, then 21 days. If D has previously filed a motion in response, then 14 days from ruling on the motion.

Admissions: Rule 8(b)(6). Allegations are deemed admitted if not denied or if D fails to respond.

Denials: Rule 8(b).

• If part of general denial is clearly true or denying party knew it was true, then = admission
• If matter is presumptively within D’s knowledge, then cannot plead “lack of info”

Affirmative Defenses: must be plead in answer

Question 3

Amendment as a Matter of Course

Answer 3

If response is not required to your pleading, then within 21 days after service of the pleading to be amended

If response is required to your pleading, then 21 days after service of the responsive pleading

This can only be done ONCE

Question 4

Amendment by Permission

Answer 4

(1) Consent: adverse party consented in writing?

(2) Leave of Court: is permission in the interests of justice? (applied liberally)
- Adverse party unfairly prejudiced?
- Bad faith by amending party? (lack of diligence, intentional delay etc. See Aquaslide).

Question 5

Relation Back of Amendments on Claim/Defense

Answer 5

If the newly amended claims arose out of the same t/o, then the statue of limitations will relate back to the original filing (i.e. as if you had filied thim originally.)

Question 6

Which pleadings are permitted and required?

Answer 6

Permitted: complaint and third party complaint

Required: answer to compliant, counterclaim, or cross claim

Other: reply is required only if court orders it.

Question 7

Relation Back of Amendments on Parties

Answer 7

Requirements:
(1) same t/o

(2) formal or informal notice within 90 days of the action
(3) the party to be added knew or should have know that they were the proper party
(4) mistake must have been the reason the new party was not originally included (i.e. can’t go from unknown to known party).

Note: John Doe pleadings are fine, they just don’t relate back.

Question 8

Supplemental Pleadings

Answer 8

Deal with post-filing facts or events that actually happened after the filing.

Granted at discretion of the court (no t/o requirement or deadline)