Pleadings and Motions

Question 1

FRCP Rule 3

Answer 1

“A civil action is commenced by filing a complaint with the court.”

Question 2

Pleadings that State a Claim for Relief in FRCP Rule 7(a)

Answer 2

1. Complaint
2. An answer that contains a counterclaim
3. An answer that contains a crossclaim
4. A Third-party complaint

Question 3

FRCP Rule 10

Answer 3

Form of Pleadings (caption, paragraphs, exhibits)

Question 4

FRCP Rule 8(a)

Answer 4

1. Statement of the court’s jurisdiction
2. “A short and plain statement showing that the pleader is entitled to relief”
3. Demand for relief sought

Question 5

FRCP Rule 8(a)(2)

Answer 5

A short and plain statement showing that the pleader is entitled to relief

Question 6

Iqbal Framework

Answer 6

1. Identify all essential elements of the right of action
2. Dismiss all conclusory allegations and give remaining allegations the presumption of truth
3. Evaluate whether the factual allegations directly or by reasonable inference support each element of the right of action.

Question 7

Iqbal Framework Step 1

Answer 7

Identify all essential elements of the right of action

Question 8

Iqbal Framework Step 2

Answer 8

Dismiss all conclusory allegations and give remaining allegations the presumption of truth

Question 9

Iqbal Framework 3

Answer 9

Evaluate whether the factual allegations directly or by reasonable inference support each element of the right of action

Question 10

FRCP Rule 9(b)

Answer 10

Heightened pleading standard for fraud or mistake; can plead generally “conditions of the mind”

Question 11

Responsive Pleadings in FRCP Rule 7(a)

Answer 11

1. An answer to a complaint
2. An answer to a counterclaim
3. An answer to a crossclaim
4. An answer to a third-party complaint

Question 12

FRCP Rule 12(a)(1)(A)(i)

Answer 12

“A defendant must serve an answer within 21 days after being served with the summons and complaint.”

Question 13

FRCP Rule 12(a)(1)(B)

Answer 13

A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim

Question 14

FRCP Rule 12(b)(1)-(7)

Answer 14

1. Lack of Subject Matter Jurisdiction
2. Lack of Personal Jurisdiction
3. Improper Venue
4. Insufficient Process
5. Insufficient Service of Process
6. Failure to State a claim upon which relief can be granted
7. Failure to join a party under Rule 19

Question 15

FRCP Rule 7(b)(2)

Answer 15

Requires that a motion be
1. Made in writing unless made during a hearing or trial
2. State with particularity the grounds for seeking the order
3. State the relief sought.

Question 16

FRCP Rule 12(b)(4)

Answer 16

When a motion is denied, the party has 14 days to answer

Question 17

FRCP Rule 15(a)(1)

Answer 17

Allows any party to amend their pleadings, one time as a matter of course (21 days)

Question 18

FRCP Rule 15(a)(2)

Answer 18

Allows any party to amend their pleadings with the written consent of the opposing party

Question 19

FRCP Rule 15(a)(3)

Answer 19

Allows any party to amend their pleading with the court’s leave

Question 20

“Freely give leave when justice requires”

Answer 20

1. Undue prejudice if the amendment is allowed
2. Undue delay on the part of the movant
3. Futility of proposed amendment
4. Bad faith on the part of the movant

Question 21

FRCP Rule 15(c)(1)(A)

Answer 21

Allows relation back if the law providing the statute of limitation allows it

Question 22

FRCP Rule 15(c)(1)(B)

Answer 22

Allows relation back if “the amendment asserts a claim or defense that arose of the conduct, transaction, or occurrence set out in the original pleading.”