Pleadings

Question 1

R. 4(a)(1) A Summons must contain

Answer 1

a) Name of court and parties
b) Addressed to the Defendant
c) Name and address of P’s attorney
d) Time for the D to answer (21 Days)
e) Notification that failure to respond will mean default judgement
f) Signed by the clerk
g) Bears the courts seal

Question 2

R. 4(d) Waiving service

Answer 2

a) Extra time to respond (12(a)(1)(A)(II) bump from 21 to 60 days to answer
i) If they don’t the D might have to pay for the service 4(d)(2
Not a good idea to request waiver if, Statute of Limitations is about to expire

Question 3

Rule 4 E How to Serve US Citizen

Answer 3

i) Follow the state law where the Cit resides
ii) Delivering a copy personally
iii) Leaving a copy at the D’s dwelling with person of suitable age
Delivering to an agent of that individual who is authorized by law to receive such (Executor of the estate)

Question 4

Rule 6(A) How To Count Days

Answer 4

a) Exclude the day of the event
b) Always count the last day,
c) Every single day counts,
The day you end on is a weekend or holiday, go to the

Question 5

Rule 8 (A)

Answer 5

1. A short and plain statement of JX
   2. A Short and plain statement of the Claim
   A demand for the relief sought

Question 6

Rule 9 (B)

Answer 6

1. Fraud or mistake must be stated with particularity in pleadings, need to show
   i) Time; and
   ii) Place ; and
   Nature of the alleged misrepresentation

Question 7

The Detailed complaint Issue

Answer 7

i) The court first held in Bell v. Novick, that specificity in a complaint was unnecessary, because any needed information would be determined in discovery
A. This in turn leads to a large number of cases that have to go all the way to discovery, before being dismissed
ii) The legislature has tried to resolve the issue as was the case in jones v. Bock, but the court in that case overturned once again the necessity to have a more specific pleading
The answer to the detailed complaint issue

Question 8

Plausibility standard

Answer 8

i) Established in Twombly and Iqbal, the court held
A. That a claim needs to be more than naked assertions, rather a claim must be more than just possible, but plausible
B. A legal conclusion is not specific enough to be a valid claim, and will be dismissed under 12 B (6).

Question 9

Structure of the complaint

Answer 9

Header
Grounds for JX
Facts
Allegations
Prayer
Signature

Question 10

Rule 8 (B)

Answer 10

1. Respond to each paragraph in the original Complaint with the following
   i) Affirm
   ii) Deny
   A. You cannot be deceptive in your denial but rather you have to deny with specificity which parts you are denying (Zielinkski)
   iii) Without information sufficient to form a belief (Effectual Denial)

Question 11

Rule 8 (C)

Answer 11

1. Affirmative Defenses to the claims
   2. Acknowledging that the P’s claims did happen but that the D should not be Liable
   See List in 8 (C)

Question 12

Rule 12 (A) Time to serve answer or pre-answer motion

Answer 12

a) Serve within 21 days if service was not waived;
b) Serve within 60 days if waived
respond to reply w/in 21 days

Question 13

Rule 12(B) (motion to dismiss the complaint)

Answer 13

(motion to dismiss the complaint)

1. Lack of Subject Matter Jurisdiction
   i) Very important ( can be used any time during the Litigation process)
2. Lack of Personal Jurisdiction
3. Lack of Proper Venue
4. Insufficient process
5. Insufficient Service of Process
   i) 2-5 waived if not stated in the first response.
6. Failure to State a Claim
7. Failure to Join a Party

Question 14

Rule 12 (C)

Answer 14

(Motion for Judgement on the pleadings)

File this motion mainly when the Statue of Limitations is up.

Question 15

Rule 12 (E)

Answer 15

(Motion for a more definite statement)

Not Common and not relevant (See Iqbal)

Question 16

Rule 12 (F)

Answer 16

(Motion to Strike)

1. Used to get rid of redundant, immaterial and impertinent parts of a pleading

Question 17

Reply

Answer 17

When in response to your claim a D files a counter claim against you, you will need to reply with the same thing as an answer.

Question 18

Rule 15

Answer 18

1. When can a party amend?
   
   2. A party may amend its pleading once (as a matter of right) R.15(A)
      i) Within 21 days of serving it; or
      ii) If the pleading you want to amend requires a response you have 21 days to amend once you are served with the response is served.
   3. With written permission of the opposing party, or by leave from the court R.15(B)
      i) The court should freely give leave when justice requires
      1) Justice requires that the amendment aid in presenting on the merits and that it does not create undue prejudice for either party. (Beeck v. Aquaslide)
   4. Will the court allow the amendment?
      a. Mistake is innocent/unintentional
      i. Court grants permission to amend
      b. Mistake is affirmative misconduct (bad Faith)
      i. Court will not grant permission to amend
      c. Mistake is unintentional but just sloppy
      i. Court may or may not grant permission to amend
      ii. May grant but will give you a R11 sanction and make the offending party pay the cost of the mistake

Question 19

R.15 (C)

Answer 19

Relation back

1. A granted amendment can be effectively dated to the beginning of the complaint
	a. This is to alleviate SoL issues 
	b. Sometimes it helps diversity problems (joining a party)
2. The issue being amended has to have the same transaction or occurrence to be related back (moore) (bonerb)
	a. Factors
		i. Evidential overlap will be considered when looking at the issues
		ii. The further you are into a trial the less likely you are to have your relation back granted

Question 20

Rule 11

Answer 20

ethical limitations

barbie cases

Question 21

Rule 4 H Serving Corporation

Answer 21

i) Follow the state law of the entities PPB
ii) Delivering a copy to the officer, managing or general agent, or any other agent authorized to receive service of process and, if the agent is one authorized by statute, mailing a copy to him.