pleadings

Question 1

complaint

Answer 1

must contain

1. statement of grounds of SMJ
2. short plain statemetn of the claim, showing entitle to relief
3. demand for relief soughto

no need to allege PJ or venue

previous only notice pleadings (only iunfo to provide notice) now must provide facts supporting a plausible claims (Twombly Iqbal)

Question 2

matters which must be plead with paricularity and specificity

Answer 2

1. fraud
2. mistake
3. special damages

Question 3

D’s response

Answer 3

can respond by

1. motion or
2. answer

must do one of above within 21 days after service of process

If D waives service, D has 60 days from when Pmailed the waiver form

Question 4

Motions (Rule 12)

Answer 4

they are requrest for a court order

12(e) - mortion for more definitive statemetn - the complain is so vague and ambigious D simpply cannot respond; MUST MAKE THIS MOTION BEFORE ANSEWRING

12(f) motion to strike = asks court to remove redundant or immateiral things from pleadings

Rule 12b defenses

1. lack of SMJ
2. lack of PJ
3. improper venue
4. improper process
5. impro[per service of process
6. failure to state a claim
7. failur eto join indispensable prty

2, 3, 4 AND 5 ARE WAIVED IF NOT PUT IN FIRST RULE 12 RESPONSE

can do the others (1, 6 and 7 at any time through TRIAL) smj can even be raised on appeal

Question 5

Answer

Answer 5

it is a pleading it

1. repsonds to allegations of compalint
   a. admit
   b. deny
   c. state the lack sufficient infomration to admit or deny

IF YOU DON’T DENY YOU ADMIT IT

Raise affirmative defenses
calssic defenses
1. statue of limitations
2. statue of frauds
3. res judicata
4. self defense

if you don’t raise a defense you waive it

Question 6

amended pleadings

Answer 6

1. P has righ tto amend no more than 21 days after first rule 12 response
2. D has a right to amend her answer once no later than 21 days after service her answer

if there is no righ tto amend you must seek leav eof court. it will be granted if justice so requires which focuses on DELAY, PREJDUICE AND FUTILITY OF AMENDMENT

if D tries to bring in new evidence at trial and there’s no objecoitn, then must amend the pleadings afterwards to make sure there’s no variance. if you ojbect then the stuff doens’t come in

Question 7

amendment afte r the statute of limitations has run

Answer 7

amended pleadings with a new claim “relate back” if they concern the same conduct, transaction or occurrence as the original pleading. relate back means if the statute of limitations ran and you amend, it relates back to the earlier date.

Question 8

amendment to hcange the D after the statue has run

Answer 8

the amendment to add a new party will relate back if

1. the amendment concerns the same conduct, transaction or occurrence as the original
2. the new defenant knew of this case within 90 days of filing
   D also knoew or should have known that, but for amsitake, she would have been named originally

Question 9

supplemental pleadings

Answer 9

set forth things after the pleading was filed

;you must move to make a supplemental complaint if the things occurred after the case was filed

Question 10

Rule 11

Answer 10

Rule 11 applies to all ducments except discovery

when you sign a doc, you certify to the best of your knoweldge and belief AFTER REASONABLE INQUIRY

1. the paper is not for improper purpose
2. legal contentions are warranted by law (or nonfrivolous argument for law change) and
3. factual contentions and denials of factual contentions have evidentiary support

you make this certification every time you “present” a position to the court

if violate, can order the party, attorney or firm be sanctioned.

if other party files rule 11 there’ a 21 day safe harbor to fix the pleadings

if court files the rule 11 then there’s no safe harbor and you get sanctions (usually non-monetary sanctions0

you send these papers to the other party not file