Pleadings - Generally

Question 1

All pleadings must state…

Answer 1

in numbered paragraphs, the facts on which the party relies.

Question 2

Who must sign a pleading?

Answer 2

At least 1 individual lawyer.

Question 3

If a pleading contains documents that are the basis of a claim or defense, they may be…

Answer 3

annexed as an exhibit, which makes them part of the pleading.

Question 4

Suppose a document that should be annexed to a pleading is not, what can the other party do?

Answer 4

She may make a motion craving oyer, which, if granted, requires the other party to produce the document, which is treated as though annexed to the pleading.

Question 5

When filing a pleading, the attorney (or a pro se party) must sign all pleadings, motions, and other papers, certifying that:

Answer 5

1. She has read it;
2. To the best of her knowledge, information and belief is grounded in fact and law; and
3. It is not for harassment or delay.

Question 6

If an attorney violates the certification requirement…

Answer 6

they may be held liable for costs and attorney’s fees incurred because of the improper document.

Question 7

If an attorney fails to sign a pleading…

Answer 7

the document may be stricken.

Question 8

The court, in the sound exercise of its discretion, may extend the time in which parties are required to file pleadings and motions, even if…

Answer 8

the time for filing the document has passed.

Question 9

Can the court condition an extension of time on the party’s posting a bond?

Answer 9

No.

Question 10

What is the one motion for which time cannot be extended by the court?

Answer 10

A motion challenging venue, unless the court extends the time to file a responsive pleading.