Pleadings

Question 1

What must be included in a complaint?

Answer 1

(1) a short plain statement of the grounds of jurisdiction
(2) a short plain statement that the plaintiff is entitled to relief = facts
(3) a demand for judgment and relief

Question 2

How is a cause of action initiated?

Answer 2

A cause of action is initiated by a complaint or a petition

Question 3

Special Pleadings. The following are exceptions to the short and plain statement rule:

Answer 3

(1) Fraud or mistake → must plead these specifically
(2) Denying that a condition precedent occurred
(3) Incapacity
(4) Special damages
(5) Supporting documents

Question 4

How many causes of action can a single complaint contain?

Answer 4

Multiple causes of action, actions at law and at equity, and counts in the alternative may all be pled together.

There is NO RESTRICTION on the number of c/a you can bring in a single complaint, whether related or not, or consistent or not.

Question 5

What does an Answer have to contain?

Answer 5

An answer must either admit, deny, or respond without knowledge to the allegations of the pleading to which it responds.

An answer may assert affirmative defenses.

Question 6

What is a response in an Answer “without knowledge of the specific facts” equal to?

Answer 6

A statement that the respondent is without knowledge of the specific facts or allegations is an implied denial

Question 7

What happens if a defendant fails to respond to every allegation in a complaint?

Answer 7

Failure to deny or allege insufficient knowledge constitutes an admission, but not for damages

Question 8

What is required for a defense in an answer to a complaint?

Answer 8

Defenses, like complaints, must be stated plainly and concisely, and must meet the substance of the complaint

Question 9

What are counterclaims?

Answer 9

Counterclaims are complaints filed by the defendant against the plaintiff

Question 10

Compulsory counterclaim

Answer 10

is one that arises out of the same transaction or occurrence as the plaintiff’s claim; use these or lose them.

Question 11

Permissive counterclaim

Answer 11

it does not arise out of the same transaction or occurrence as the plaintiff’s claim.

Question 12

Cross-claim

Answer 12

is a claim by one party against a co-party. It must arise out of the same transaction or occurrence as the original claim or a counterclaim.

In Florida, all cross-claims are permissive

Question 13

What is a reply?

Answer 13

the plaintiff’s response to the defendant’s answer, and must be filed within 20 days of the answer → to dispute an affirmative defense the defendant has raised