Pleadings Stage

Question 1

Commencement of Action

Answer 1

(1) File complaint
(2) Pay filing fee
(3) Provide sufficient copies of summons and complaint to court clerk to be served on Ds

Question 2

The Complaint

Answer 2

(1) Short, plain statement of claim showing P is entitled to relief; and
(2) Demand for relief

Question 3

Preliminary Injunction

4 requirements

Answer 3

P must show:

(1) Substantial likelihood of success on the merits;
(2) P likely to suffer irreparable injury if PI not granted;
(3) Balance of equities favors P; and
(4) Injunction is in public interest

Question 4

Temporary Restraining Order

Answer 4

May last no more than 10 days

May be issued without notice to adverse party if:

(1) IMMEDIATE AND IRREPARABLE INJURY will result; and
(2) Movant’s ATTORNEY CERTIFIES any efforts made to give notice and the reason why notice should not be required

Question 5

Common Pre-Answer Motions

3

Answer 5

(1) Rule 12(b) Motion to Dimiss
(2) Motion for More Definite Statement
(3) Motion to Strike

Question 6

Pre-Answer Motions: Rule 12(b) Motion to Dismiss

Answer 6

Lack of SMJ

Lack of PJ

Failure to state a claim upon which relief can be granted

Failure to join necessary or indispensable party

Question 7

Pre-Answer Motions: Motion for More Definite Statement

Answer 7

When claim for relief is so vague or ambiguous that party cannot reasonably draft a responsive pleading

If granted, P has 20 DAYS to fix pleading

Question 8

Pre-Answer Motions: Motion to Strike

Answer 8

When pleading contains:

(1) Insufficient defense; or
(2) Redundant, immaterial, impertinent, or scandalous material

Question 9

Answer

Answer 9

(1) Must ADMIT/DENY allegations

(2) Must state AFFIRMATIVE DEFENSES or else they are waived

Question 10

Amending Pleadings

Answer 10

Essentially identical to federal rules

Question 11

Supplemental Pleadings

Answer 11

Used to describe events occurring after filing of an earlier pleading

Question 12

Signature Requirements

Answer 12

Every pleading, written motion, and paper filed with the court must be signed by an attorney of record certifying that attorney:

(1) READ the document;
(2) BELIEVES THERE IS GOOD GROUND to support it; and
(3) NOT INTERPOSED FOR DELAY

Question 13

Timing of Answer

Answer 13

D must serve an answer within 20 DAYS after served complaint

Question 14

FULL PROCEDURE FOR PLEADINGS STAGE

Answer 14

(1) Prior to filing an answer, D may file a motion to dismiss to assert a defense as to jurisdiction, venue, service of process, joinder or failure to state a claim
(2) If motion is denied, D must file an answer within 10 days of the court’s decision
(3) In its answer to the complaint, D must admit or deny the allegations of P’s complaint
(4) Answer must state any affirmative defense that D has, or that defense is deemed waived.
(5) D should assert in its answer any counterclaims it may have against P, and any cross-claim it has against a co-party