Pleadings

Question 1

Pleadings must have:

Answer 1

Name of court
Case file #
Names of parties
Contact info for atty, and bar #
Designation of pleading
Each claim/defense stated separately

At least one atty of record must sign all pleadings.

Question 2

Complaint

Answer 2

Principal pleading by P. Filing commences action

Question 3

Requirements of Complaint

Answer 3

1. Grounds for SMJ (and PJ if suing nonresident)
2. Short plain statement of facts showing entitlement to relief
3. A demand for judgment/damages
4. Special matters w/ particularity
   a. establishing fraud
   b. support for punitive damages (intentional misconduct or gross negligence) P can not initially claim punitive damages, just present evidence.
   c. special damages

Question 4

Defendant’s Response

Answer 4

Must respond w/i 20 days of being served.
By motion or answer.
If motion made and denied, must answer w/i 10 days of motion.

Question 5

Defendant Motions

Answer 5

Requests for court order:

1. Motion for definite statement
2. Motion to strike (can be made anytime)

Major defenses (can be raised in motion or answer)
1. Lack of SMJ (can be raised anytime)
2. Lack of PJ
3. Improper venue
4. Insufficiency of process
5. Failure to state a cause that relief can be given.
6. Failure to join an indispensable party
(2, 3, 4 are waivable)
(5 and 6 can be raised anytime at trial)
Waivable defenses must be included in FIRST response.

Question 6

What does D do in answer: Respond

Answer 6

1. Admit
2. Deny
3. State “without knowledge”

If he doesn’t deny, he is deemed to have admitted it.
Never deemed to have admitted dmg’s.

Question 7

What does D do in answer: Raise affirmative defenses/Counterclaim

Answer 7

E.g. SoL, assumption of risk, comparative negligence, lack of capacity to sue or be sued, res judicata

D raises a counterclaim in answer

Question 8

P’s reply to D answer

Answer 8

Can reply w/i 20 days after answer

or if wishes to deny allegations, he need do nothing.

Question 9

Cross-claim

Answer 9

Claim against co-party. Must arise from same T/O as original claim.

Question 10

Amending pleadings

Answer 10

1. Right to amend
   P may amend ONCE before D serves answer
   D may amend ONCE w/i 20 days of serving answer

Can also be a motion to amend if no right, will be granted if justice so req’s. Opposing party must respond w/i 10 days of service.