Pleadings - Answer

Question 1

What rules?

Answer 1

6
8
11(b)(4)
13
42(b)

Question 2

What does signature represent to the court, regarding denials of factual allegations?

Answer 2

Signature represents to the court that denials of factual allegations are

1. warranted on evidence and
2. reasonably based on belief

Question 3

What does R.13 govern?

Answer 3

Counterclaim and crossclaim

Question 4

What does R.42(b) allow?

Answer 4

Separate trials

- court may order separate trial for counterclaims or crossclaims

Question 5

When is the answer due? (four options)

Answer 5

1. 21 days after being served complaint/summons
2. 14 days after court’s ruling on any pre-answer motion
3. if service is waived, 60 days after request for service was sent
4. if non-U.S. D, 90 days after complaint/summons sent

Question 6

How do you compute time? What rule?

Answer 6

1. exclude day that triggers period
2. count every day, including weekend and holiday
3. include last day, unless on weekend or holiday

R.6

Question 7

Can you extend time? What rule?

Answer 7

Yes, by filing motion before or after deadline

R.6

Question 8

If made before deadline, when is motion for extending deadline accepted? What rule?

Answer 8

With good cause

R.6

Question 9

If made after deadline, when is motion for extending deadline accepted? What rule?

Answer 9

Only with proof of excusable neglect

R.6

Question 10

What is required before preparing answer? What rule?

Answer 10

Fact investigation

R.11

Question 11

What five things may be required in the answer?

Answer 11

1. Caption
2. Jurisdiction allegation only if denying complaint’s
3. Claim for relief/prayer for relief only if including counterclaim or crossclaim
4. Separate, numbered paragraphs
5. Signature

Question 12

When are jurisdictional allegations required in the answer?

Answer 12

Only when denying complaint’s

Question 13

When are claim for relief and prayer for relief required in the answer?

Answer 13

Only if including counterclaim or crossclaim

Question 14

What are the three options in responding to a complaint’s statement?

Answer 14

1. Admission - express/implicity
2. Denial - general/specific
3. Lack sufficient information

Question 15

What is the fourth option in a response, in a different part than admissions/denials?

Answer 15

Defenses - ordinary and affirmative

Question 16

What are the two types of defenses?

Answer 16

1. Ordinary

2. Affirmative

Question 17

Are additional facts included in admissions or denials?

Answer 17

No

Question 18

What is the substance of a response’s denial? What rule?

Answer 18

Must fairly respond to substance of allegation

R.8(b)(2)

Question 19

What types of statement does response have?

Answer 19

Short and plain

Question 20

Express admission

Answer 20

If some part of statement is true, must admit

Question 21

What is the purpose of express admissions?

Answer 21

Narrow facts in dispute

Question 22

If admitted in complaint, can express admission be denied later?

Answer 22

No, unless amends answer

Question 23

Implicit admission

Answer 23

Effect of failing to deny = allegation will be deemed admitted

Question 24

How are non-responses to statements treated?

Answer 24

Implicit admission = allegation will be deemed admitted

Question 25

General denial

Answer 25

when D denies all allegations in complaint

Question 26

Specific denial

Answer 26

D separately reviews each allegation and denies each one not true

Question 27

Are general denials common? Why?

Answer 27

No, rare that D can in good faith deny every allegation, particularly non-controversial facts of residence, etc.

Question 28

Are general denials permitted? What rule?

Answer 28

Technically yes

R.8(b)(3)

Question 29

Can you deny part of allegation? What rule?

Answer 29

Yes, must admit part that is true, deny the rest

R.8(b)

Question 30

What is lack of sufficient information treated as? What rule?

Answer 30

Denial or avoidance

R.8(b)

Question 31

Affirmative defense

Answer 31

Legal excuse or justification

Question 32

What does affirmative defense usually involve?

Answer 32

Introduction of new facts that absolves D of liability even if P’s complaint is true

Question 33

Are listed affirmative defenses the only possible affirmative defenses?

Answer 33

No

Question 34

What are the listed affirmative defenses?

Answer 34

1. accord and satisfaction
2. arbitration and award
3. assumption of risk (3 As)
4. contributory negligence (1 C)
5. duress (1 D)
6. estoppel (1 E)
7. failure of consideration
8. fraud (2 Fs)
9. illegality
10. injury by fellow servant (2 Is)
11. laches
12. license (2 Ls)
13. payment (1 P)
14. release
15. res judicata (2 Rs)
16. statute of frauds
17. statute of limitations 2 Ss)
18. waiver (1 W)