Pleadings - Answer Flashcards
What rules?
6 8 11(b)(4) 13 42(b)
What does signature represent to the court, regarding denials of factual allegations?
Signature represents to the court that denials of factual allegations are
- warranted on evidence and
- reasonably based on belief
What does R.13 govern?
Counterclaim and crossclaim
What does R.42(b) allow?
Separate trials
- court may order separate trial for counterclaims or crossclaims
When is the answer due? (four options)
- 21 days after being served complaint/summons
- 14 days after court’s ruling on any pre-answer motion
- if service is waived, 60 days after request for service was sent
- if non-U.S. D, 90 days after complaint/summons sent
How do you compute time? What rule?
- exclude day that triggers period
- count every day, including weekend and holiday
- include last day, unless on weekend or holiday
R.6
Can you extend time? What rule?
Yes, by filing motion before or after deadline
R.6
If made before deadline, when is motion for extending deadline accepted? What rule?
With good cause
R.6
If made after deadline, when is motion for extending deadline accepted? What rule?
Only with proof of excusable neglect
R.6
What is required before preparing answer? What rule?
Fact investigation
R.11
What five things may be required in the answer?
- Caption
- Jurisdiction allegation only if denying complaint’s
- Claim for relief/prayer for relief only if including counterclaim or crossclaim
- Separate, numbered paragraphs
- Signature
When are jurisdictional allegations required in the answer?
Only when denying complaint’s
When are claim for relief and prayer for relief required in the answer?
Only if including counterclaim or crossclaim
What are the three options in responding to a complaint’s statement?
- Admission - express/implicity
- Denial - general/specific
- Lack sufficient information
What is the fourth option in a response, in a different part than admissions/denials?
Defenses - ordinary and affirmative
What are the two types of defenses?
- Ordinary
2. Affirmative
Are additional facts included in admissions or denials?
No
What is the substance of a response’s denial? What rule?
Must fairly respond to substance of allegation
R.8(b)(2)
What types of statement does response have?
Short and plain
Express admission
If some part of statement is true, must admit
What is the purpose of express admissions?
Narrow facts in dispute
If admitted in complaint, can express admission be denied later?
No, unless amends answer
Implicit admission
Effect of failing to deny = allegation will be deemed admitted
How are non-responses to statements treated?
Implicit admission = allegation will be deemed admitted
General denial
when D denies all allegations in complaint
Specific denial
D separately reviews each allegation and denies each one not true
Are general denials common? Why?
No, rare that D can in good faith deny every allegation, particularly non-controversial facts of residence, etc.
Are general denials permitted? What rule?
Technically yes
R.8(b)(3)
Can you deny part of allegation? What rule?
Yes, must admit part that is true, deny the rest
R.8(b)
What is lack of sufficient information treated as? What rule?
Denial or avoidance
R.8(b)
Affirmative defense
Legal excuse or justification
What does affirmative defense usually involve?
Introduction of new facts that absolves D of liability even if P’s complaint is true
Are listed affirmative defenses the only possible affirmative defenses?
No
What are the listed affirmative defenses?
- accord and satisfaction
- arbitration and award
- assumption of risk (3 As)
- contributory negligence (1 C)
- duress (1 D)
- estoppel (1 E)
- failure of consideration
- fraud (2 Fs)
- illegality
- injury by fellow servant (2 Is)
- laches
- license (2 Ls)
- payment (1 P)
- release
- res judicata (2 Rs)
- statute of frauds
- statute of limitations 2 Ss)
- waiver (1 W)
