Pleadings/Joinder Flashcards
What must be included in a plaintiff’s complaint?
A statement of the grounds for jurisdiction, a short/plain statement of the claim showing the plaintiff is entitled to relief (including sufficient facts to support a plausible claim), and a demand for relief sought
Which special claims must be pled with particularity?
Fraud, mistake, special damages
When may a party intervene in a cause of action as of right?
When the absentee has an interest that may be harmed in the case and the interest is not adequately represented by the parties
When is permissive intervention in a cause of action allowed?
When an absentee’s claim raises a common question of law or fact and does not cause undue delay/prejudice
What is the requirements to join claims by multiple parties or against multiple defendants?
The claims must claim joint/several relief or arise from the same transaction or occurrence, and present a common question of law or fact
What is the period in which a plaintiff may amend their complaint or defendant may amend their answer as of right?
Within 21 days of service of the original complaint OR the defendant’s first response (P), within 21 days of service of an answer (D)
When does an amended pleading after the SoL has run joining a claim “relate back” to the date of the original pleading?
When it concerns the same conduct/transaction/or occurrence as the original pleading
When does an amended pleading after the SoL has run joining a defendant “relate back” to the date of the original pleading?
The amendment concerns the same conduct/transaction/or occurrence as the original pleading, the right defendant had notice of the lawsuit such that they are not unfairly prejudiced, and the right defendant knew or should have known that but-for a mistake they would have been named in the original pleading.
Notice/knowledge must have been within the period for service of process.
What is the standard for granting an amendment to a pleading, after the period to amend as of right is over?
The court may grant leave to amend a pleading as justice so requires (considering length of delay, potential prejudice to the parties, the importance of the amendment) OR if the other party gives written consent
When may a crossclaim be made by a defendant against a co-defendant?
When the crossclaim arises from the same transaction or occurrence as the plaintiff’s claim
What representations does an attorney/pro se party make before a court by signing a paper under Rule 11?
To the best of their knowledge after reasonable inquiry: that the factual contentions/denials in a paper are supported by evidence or are likely to be after discovery, that the legal contentions in a paper are supported by law or non frivolous arguments to change the law, and that the paper is not filed for an improper purpose.
What rules govern the imposition of sanctions against an attorney who violates Rule 11?
Sanctions may be filed against the party, the attorney or the attorney’s firm to deter future violations.
What is the proper procedure for filing a motion for Rule 11 sanctions?
Rule 11 motion must first be filed with the party in violation and if they fail to resolve the Rule 11 issue within 21 days, it may be filed with the court.
When is an absentee necessary such that a court may compel them to join a case as a plaintiff/defendant?
When complete relief cannot be accorded without the absentee, when the absentee claims an interest that might subject a party to multiple obligations, or when the absentee has an interest that may be harmed if they are not joined
Joint tortfeasors are NEVER necessary.
When is a necessary party indispensable, such that the case must be dismissed if they are not joined?
The court will consider the extent of the harm that might occur to the party if they are not joined, whether the court can shape relief to avoid the harm, and whether there are alternative forums available
What is the timeline for filing an impleader claim?
D may file third party impleader as of right within 14 days of serving the answer, after that trial court may grant impleader at its discretion
When is a counterclaim compulsory?
When it arises from the same transaction/occurrence as P’s claim, UNLESS the claimant is a third party defendant
How many claims may a plaintiff aggregate against an adverse party?
An unlimited number of claims, related or unrelated.
What is a supplemental pleading, and when is it allowed?
Supplemental pleading is a pleading regarding events that occurred after a complaint was filed, and is granted at the discretion of the court upon a party’s motion.
What is the proper remedy for misjoinder of parties?
Severance, NOT dismissal
What is the period within which plaintiff may voluntarily dismiss their claim?
At any time before defendant’s answer or motion for summary judgment (or at any point if both parties stipulate to dismissal).
What is the role of the court regarding the settlement or dismissal of a certified class action?
The court must approve settlement and dismissal; in a Type 3 class action (common q/damages), the court may give members a second opportunity to opt out
What is required for a stakeholder to file a statutory interpleader claim?
The amount in contrast must be $500 or more and the claimants must be diverse (if stakeholder is interested, they must also be diverse from claimants).
What are the four requirements for certification of a class action?
Numerosity (claims too numerous for practical joinder), commonality (resolution of common issue will generate answers for every claim), typicality, adequacy of representation
What are the additional requirements for a Type 3 common question/damages class?
Predominance, superiority
What are the notice requirements for a Type 3 class?
Court must provide each class member with notice reasonably calculated to inform them that
They have the ability to opt out
They will be bound by the resolution of the class action if they do not opt out
They have the ability to enter an appearance through counsel
Under what other circumstances may a motion for class certification be granted? (Type One or Type Two)
If class treatment is necessary to avoid prejudice to the parties (inconsistent results) or the action is seeking injunctive/declaratory relief based on a claim that all class members were treated alike
