Pleadings

Question 1

What are the 3 things that must be in the pleadings?

Answer 1

1. Statements for grounds of SMJ (you need to show that you belong there)
2. Short and plain statement of the claim
   a. Fraud, mistake and special damages, you have to have a lot of detail
   i. What was the fraud, don’t just say I was defrauded
3. Demand for relief sought.

Question 2

What is the constitutional requirement for pleading in federal court?

Answer 2

That you state a plausible claim, not just a possible claim (subjective standard for the judge)

Question 3

What are the requirements for a defendants response to the plaintiffs pleading?

Answer 3

Rule 12 states that the def. can answer by motion or pleadings
1. Must respond within 21 days of service of process
Two types of motions:
1. Motion (not pleadings) to get a court order - The allegations are so vague you need a court order to respond
2. Motion to strike: Basically there is no merit for one reason or another:
a. Lack of SMJ
i. Can ask for after trial, never waived, raise it for first time on appeal
ii. Whenever there is no SMJ cannot proceed, violate the 10th amendment
b. Lack of PJ
c. Improper venue
d. Improper process (problems with the papers)
e. Improper Service of process
f. Failure to state a claim
g. Failure to join an indispensable party