pleadings

Question 1

3 subparts for pleadings

Answer 1

1) complaints
2) responses (answers)
3) amendments

Question 2

General rule for complaints

Answer 2

must contain sufficient facts to place advisory on notice of PLAUSIBLE CLAIMS

Question 3

What claims need more facts?

Answer 3

fraud cases require heightened particularity (more facts)

Question 4

What is required for rule 11?

Answer 4

when presents any paper to court, must certify after reasonable inquiry that

1) paper is not for an improper purpose and
2) legal contents are warranted by law (or non-frivolous argument for law to change) and
3) the factual contentions and denials of factual contentions have penitentiary support (or are likely to after further investigation)

Question 5

What responsive pleadings must be made initially or are waived? (3 types)

Answer 5

1) motion to dismiss for lack of PJ
2) motion to dismiss for lack of PROPER SERVICE
3) any motion for VENUE

Question 6

What must answers do?

Answer 6

must fairly and precisely meet each allegation in complaint by admitting those are true, denying not true or state insufficient information to admit or deny.

Question 7

Affirmative Defenses

Answer 7

MUST be in answers or waived.

Assumes all facts are true.

Question 8

two types of rules for amendments

Answer 8

1) pleader rights

2) leave to amend

Question 9

Right to amend

Answer 9

to amend pleading 1 time up to 21 days AFTER response to pleading has to be served

Question 10

leave to amend

Answer 10

SHALL be granted freely to do justice and serve merits, unless SOL.

Question 11

What does relation to back of amendments do

Answer 11

to conform the SOL period

Question 12

Relation back of amendments (2 types)

Answer 12

1) new claims

2) new parties

Question 13

An amendment adding new claims relates back to the date of a timely filed complaint if

Answer 13

new claim deprives from the SAME TRANSACTION OR OCCURRENCE

Question 14

an amendment adding new parties relates back to the date of a timely filed complaint if 2 things are true

Answer 14

1) claim against party deprives from SAME TRANSACTION OR OCCURRENCE as earlier timely filed complaint AND
2) new party have acquired KNOWLEDGE that but for mistake in name, it would have been sued w/i 90 days of filing of timely filed complaint

Question 15

Does a D waive right if not make a motion to dismiss for failure to state a claim for which can be granted in initial answer

Answer 15

NO.
- can make a motion for failure to state a claim for which relief can be granted at ANYTIME, even at trial, at later motion etc.

Question 16

when can a D make a motion to dismiss for failure to state a claim for which relief can be granted.

Answer 16

ANYTIME, even at trial, for later motion/