Pleadings & Rule 11 Certification

Question 1

Complaint

Answer 1

The complaint commences the action. A complaint must contain grounds for subject matter jurisdiction, a short and plain statement of facts that are sufficient to show that plaintiff is entitled to relief, and the demand for relief sought.

Question 2

Special Pleadings

Answer 2

Complaints alleging fraud, mistake, or special damages must be pleaded with more detail, that is with particularity and specificity.

Question 3

Answer

Answer 3

Rule 12 requires defendant to respond to plaintiff’s complaint either by motion or by answer within 21 days after being formally served with process; 60 days from the date on which the plaintiff mailed the summons and complaint if defendant waived service of process.

Question 4

Contents of Answer

Answer 4

Defendant’s answer must either respond to the allegations either by: (1) admitting, denying, or stating there is insufficient knowledge to admit or deny; or (2) raising affirmative defenses.

Question 5

Rule 12(e) Motion for Definite Statement

Answer 5

When the complaint is so vague or ambiguous, the defendant must make a motion before responding.

Question 6

Rule 12(f) Motion to Strike

Answer 6

When the complaint contains redundant or immaterial things, either party can ask the court to remove the redundant or immaterial language.

Question 7

Denial of 12(b) Motions

Answer 7

When a court denies a defendant’s 12(b) motion, the defendant must serve an answer no later than 14 days after notice of the denial.

Question 8

Waivable Defenses (3 P’s and a V)

Answer 8

A defendant can raise several defenses under Rule 12(b): lack of personal jurisdiction, improper venue, improper process, and improper service of process. If a defendant fails to raise these defenses in the first motion or answer, the defenses are waived.

Question 9

Amended Pleadings - Matter of Right

Answer 9

Under Rule 15, a party can amend a complaint once as a matter of right. A party amending as a matter of right must do so within 21 days after serving the complaint, answer, or motion to dismiss.

Question 10

Amended Pleadings - Permission

Answer 10

A party can amend with permission of opposing parties or permission of the court. If requesting court permission, the court will consider the reason for delay and any prejudice.

Question 11

Amended Pleadings - Relation Back (Claims)

Answer 11

An amended complaint relates back to the time of the original complaint if it asserts a claim that arises from the same transaction set forth in the original complaint.

Question 12

Amended Pleadings - Relation Back (Parties)

Answer 12

An amended complaint relates back if within the time prescribed for service of process, the new defendant received such notice of the action that it will not be prejudiced in defending the merits and either knew or should have known that the action would have been brought against it but for a mistake concerning the proper party’s identity.

Question 13

Amended Pleadings - Variance

Answer 13

When evidence at trial does not match what was pleaded, the party introducing the evidence can amend the complaint to conform to the evidence unless the opposing party objects at trial.

Question 14

Rule 11 Certifications

Answer 14

A signature certifies that all papers, except discovery, are not for an improper purpose; the legal contentions are warranted by law or a non-frivolous argument for a law change; and the factual contentions and denials have evidentiary support or are likely to after further investigation.