Pleadings dealing with Parties Flashcards
Rule 7: Types pf Pleadings
Pleadings. Only these pleadings are allowed:
–A complaint;
–An answer to a complaint;
–An answer to a crossclaim;
–A third-party complaint;
–An answer to a third-party complaint; and
–If the court orders one, a reply to an answer.
Rule 8: Content of Pleadings
A pleading that states a claim for relief must contain:
1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;
2) a short and plain statement of the claim showing that the pleader is entitled to relief; and
3) a demand for the relief sought, which may include relief in the alternative or different types of relief.
Rule 8
Dealing with CL Iqbal on making your P making their complaint… RULE
1) Elements
a. Did the complaint ID the elements of claim?
2) Sufficiency
a. Well plead? Did factual allegations for each elements include more than more conclusory statements.
3) And Plausibility
a. Enough to nudge over line from conceivable to plausible?
b. Depart from rule of inference drawn in favor of the pleader
Rule 8
what does the court want from your pleadings in complaint?
–This decision “calls for enough fact to raise a
reasonable expectation that discovery will
reveal evidence of illegal agreement”
–“We do not require heightened fact pleading
of specifics, but only enough facts to state a
claim to relief that is plausible on its face.”
Rule 8
on words & phrases for adequate pleading:
–More than unadorned the defendant-harmed me.
–Not labels & conclusions.
–Not a formulaic recitation of the elements.
–Not naked assertion.
–More than possibility, not quite probability?
must hit the plausibility threshold line
Rule 8
Defenses: on Answers & Denials
1) in General. In responding to a pleading, a party must:
–a)state in short and plain terms it’s defenses to each claim asserted against it; and
–b)admit or deny the allegations asserted against it by an opposing party.
OR
–(5) Lacking knowledge or Information. A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.
Rule 8 specific on short and plain statement….
Contain facts sufficient to make the inference of a claim plausible
OR the complaint must contain sufficient facts so that if all facts are assumed true, it is plausible to infer that P has a valid claim.????
R8 (b)(5) on lacking knowledge or info…
after stating the D lacks knowledge, you can–>
-deny generally all or specific details to complaint
Rule 8c on Affirmative Defenses
In response to your answer to the complaint–>you must state your affirmative defenses
a party must affirmatively state any avoidance or affirmative defense, including:
- accord and satisfaction;
- arbitration and award;
- assumption of risk;
- contributory negligence;**
- duress;
- estoppel;
- failure of consideration;
- fraud;
- illegality;
- injury by fellow servant;
- laches;
- license;
- payment;
- release;
- res judicata;
- statute of frauds;
- statute of limitations***; and
- waiver.
Rule 12(f): Striking affirmative defenses
*(f) Motion to Strike. The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:
o (1) on its own; or
o (2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading.
Rule 12 on Time to Serve a Responsive Pleading
the time for serving a responsive pleading is as follows:
o (A) A defendant must serve an answer:
* (i) within 21 days after being served with the summons and complaint; or
* (ii) if waiver was accepted–>60 days if in USA or 90 days if not in USA.
o (B) 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.
o (C) A party must also serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time (a waiver for diff time).
