Pleadings

Question 1

What 3 things must the plaintiff’s complaint contain?

Answer 1

— Subject Matter Jurisdiction grounds

— Statement of claim, showing you’re entitled to relief

— A demand for relief sought

Question 2

Your complaint must state a plausible claim, but which 3 types of cases must be pleaded with even more particularity?

Answer 2

Fraud

Mistake

Special Damages

Question 3

Broadly speaking, when a Defendant receives the complaint, and in order to avoid default, what must they do? In what timeframe must the Defendant take such action?

Answer 3

Either respond by (1) Motion; or (2) Answer

D must do this within 21 DAYS after being served with Process (60 days if Process waived; 90 days if outside U.S.)

Question 4

What are motion?

Answer 4

They are a request for a court order, rather than a pleading.

Question 5

The Defendant can issue two types of “issue of form,” what are they?

Answer 5

1. Motion for a more definitive statement — MUST be made before answering.
2. Motion to Strike — asking court to remove redundant material from the pleadings.

Question 6

Which Defences must the Defendant raise at any time during the case (and even after!)?

Answer 6

Lack of Subject Matter Jurisdiction

Question 7

Which 4 Defences must be raised by the Defendant in their first response, otherwise they’re deemed waived?

Answer 7

(1) Lack of Personal Jurisdiction
(2) Improper Venue
(3) Improper Process
(4) Improper SERVICE of Process

Question 8

Which 2 defences can the Defendant raise anytime throughout trial?

Answer 8

Failure to state a claim

Failure to join an indispensable party

Question 9

What if the Defendant makes a motion to dismiss and it’s denied?

Answer 9

Defendant must then serve their answer within 14 DAYS of the court rejecting their motion.

Question 10

In an Answer, the Defendant needs to do what two things?

Answer 10

(1) Respond to the allegations by either: (a) admitting; (b) denying; or (c) stating that you lack sufficient information.
(2) Raise affirmative defences

Question 11

Can a plaintiff amend their complaint after they’ve served it on the Defendant?

Answer 11

Yes, the plaintiff has the right to amend their complaint ONCE within 21 Days of D’s first response.

Question 12

Can a Defendant amend their answer, once served on the plaintiff?

Answer 12

Yes, once within 21 Days of service if their answer.

Question 13

How can the Defendant “save” the waivable defences he failed to include in his first response?

Answer 13

Include them in the amendable answer within the 21 Day timeframe.

Question 14

What happens if there is no right to amend the complaint?

Answer 14

The party must seek leave from the court.

Question 15

How can the complaint be amended during the trial?

Answer 15

It can be Varied if the evidence does not match what was originally pleaded.

Question 16

When can a claim be amended to “relate back?”

Answer 16

A pleading can be amended to join a new claim via “relation back” if they concern the SAME TRANSACTION or OCCURRENCE as the original claim.

Question 17

How can a claim relate back to include a new defendant after the statute of limitations has run?

Answer 17

Amended claim can relate back if:

(1) They concern the same transaction or occurrence as the original pleading
(2) The new Defendant part knew of this case within 90 days of the filing; and
(3) This Defendant also knew that if it wasn’t for the mistake, they would have been the target of the original claim.

Question 18

When will a plaintiff file a Motion to Supplemental Pleadings?

Answer 18

When something happens after the pleading were filed that relates to plaintiff’s existing claim against the D.

Question 19

What is Rule 11?

Answer 19

When an attorney (or pro se party) signs documents, they certify to the court each time that, to the best of their knowledge, and after reasonable inquiry:

— The document is not for an improper purpose

— The Legal contentions are warranted by law

— The factual contentions and denials have evidentiary support

Question 20

If the counter-party violates Rule 11, what can you do?

Answer 20

Serve a motion on the other party and they have 21 days to fix the problem. If they fail to do so, then you file your motion with the court.