Pleadings - General District Court Flashcards
To commence an action in GDC, a plaintiff obtains a _____ from the clerk of the court and fills in the blanks regarding the parties and nature of the grievance.
Civil warrant
Can a plaintiff draft their own complaint in GDC?
Yes, plaintiff may draft a tailored motion for judgment.
The content of a civil warrant …
tells the defendant that he must appear in court on a certain day (“the return date”).
The return date cannot be more than ______ or fewer than ______ after service of process.
60 days; 5 days.
Can the defendant ever be made to file a responsive pleading?
Yes, the plaintiff can move for grounds of defense.
[up to discretion of court].
If the defendant wants more details about a plaintiff’s case, what should they move for?
A bill of particulars, which is up to the discretion of the court.
If the court orders the plaintiff to file a bill of particulars or orders the defendant to file grounds of defense and they fail to do so, what may happen?
The court can enter summary judgment against the party failing to file.
Does the trial always have to go forward on the return date?
No, a party may move for a continuance, the granting of which is in the court’s discretion.
If a party does not move for a continuance before the return date, the motion must be denied unless…
she shows that the continuance is in the best interest of justice.
If the suit is brought on a written instrument, the original document must be tendered to the court unless…
excused by the court by statute or for good cause.
The defendant may object to venue…
at any time on or before the day of trial.
In GDC, there is no _____ as a general matter.
Discovery
A party may compel a witness’s attendance at trial through…
Subpoena and subpoena duces tecum, addressed to parties or nonparties.
The parties should file a request for subpoena at least _____ before trial.
15 days
If it is less than 15 days before trial, a party must show _____ if they wish to be granted a subpoena.
good cause
