Pleadings Flashcards
Response pleadings must be filed within ___ days after the service pleading.
20
All pleadings, motions, other papers directed to the court must be ______ by an ______ of _____
Signed
Attorney of Record
When an attorney signs a pleading/motion/other paper directed to the court, he certifies that to the best of his knowledge, information, and belief, formed after a reasonable inquiry under the circumstances, that: (4)
No improper purpose (It is not being presented for an improper purpose);
Good law or argument (The claims or contentions are warranted by existing law OR a nonfrivolous argument for extension, modification, or reversal of existing law);
Supported by or will be supported by evidence (The factual allegations have evidentiary support (or are likely to have evidentiary support after reasonable opportunity for discovery)); AND
Good reason for denials (Any denials of factual allegations are warranted by the evidence or, if specifically so identified, are reasonably based on a lack of info or belief)
Whether an inquiry is reasonable is objective or subjective
Subjective
If an atty fails to make a “reasonable inquiry” when submitting a pleading, motion, or other paper, the court may impose sanctions, including . . . (3)
Non-monetary sanctions (e.g., striking all or part of a litigation document)
Penalties paid into court
Reasonable fees and costs to opposing counsel.
Law firms are/aren’t generally held jointly responsible for violations committed by partners and associates.
Are
Every pleading with factual averments or denials must be _______
Verified.
Pennsylvania does/doesn’t utilize notice pleading.
Doesn’t
Pennsylvania requires notice/fact pleading
Fact
A complaint must set forth what?
All material facts for the COA
In his complaint, P must specifically state (3):
Time, dates, and places when and where the T/O occurred
Any averments of fraud and mistake
Special damages
What may may be averred generally? _____, _____, _____, and other conditions of mind
Malice, intent, knowledge
Allegations in a complaint must be divided into what?
Separately number paragraphs
If a claim is based on a k, what must the complaint do?
State whether oral or written.
If a writing forms the basis of a claim, what must the complaint include?
Must attach the writings or an explanation of their substance and why they are not attached.
What is prohibited in the ad damnum clause (i.e., the wherefore clause)? Exception
No specific sum UNLESS damages are liquidated
Motions objecting to the pleadings are called
POs
POs may be filed by any party to any pleading on a number of grounds. What are the eight most likely to be tested?
Lack of PJ
Improper Venue
Improper Service
Failure of pleading to conform to the rules
Inclusions of scandalous or impertinent matter in a pleading
Legal insufficiency of pleading (i.e., demurrer)
Nonjoinder of a necessary party
Agreement for ADR
What does a PO in the nature of a demurrer claim?
Pleading is legally insufficient
Where there is an agreement for ADR, that issue is raised through . . .
POs
Since fact pleading is required in PA, there must be sufficient ______ with regard to _____ _____
Specificity
Material facts
If a pleading states the wrong law or, file a PO claiming . . .
Demurrer
T or F? All POs must be raised at the same time.
T
All objections not raised by POs are waived EXCEPT . . . (3)
Demurrer (legal insufficiency of the pleadings)
Lack of SMJ
Failure to join an indispensible party
