Pre-Trial Procedures

Question 1

Complaint Elements

Answer 1

i. Grounds for jurisdiction;
ii. Summary of the facts;
iii. Demand for relief (i.e. damages)

Question 2

Complaint Procedure

Answer 2

1. filed with clerk’s office - begins suit & statute of limitations begins to run
2. gets filed with summons
3. first filed then served

Question 3

Answer

Answer 3

• deny / admit allegations
  ANY ALLEGATIONS NOT DENIED ARE TAKEN AS ADMITTED

Question 4

Amending Pleading - on your own

Answer 4

Can do it once without court’s permission, as long as it’s done within 21 days of service of the original pleading

Question 5

Amending Pleading - by leave of court

Answer 5

“when justice so requires”

Question 6

Relate Back

Answer 6

Amended pleading will relate back when it arose out of the same conduct, transaction, or occurrence of the original pleading
- Usually done for purpose of statute of limitations