Pretrial Procedures

Question 1

A court may issue a temporary restraining order without:

Answer 1

written or oral notice to the adverse party

Question 2

A preliminary injunction may only be issued:

Answer 2

by a court on notice to the adverse party

Question 3

Before or after beginning a hearing on a motion for a preliminary injunction, the court may:

Answer 3

advance the trial on the merits and consolidate it with the hearing on the injunctions

Question 4

Types of pleadings allowed under the federal rules:

Answer 4

Complaints, answers to complaints, answers to counterclaims, answers to cross-claims, third-party complaints, answers to third-party complaints, replies to answers, if ordered by the court.

Question 5

A pleading that states a claim for relief must:

Answer 5

1) Contain a short and plain statement of the grounds upon which the court’s JX rests and a statement of a claim which, if true, would entitle the claimant to relief; and
2) a demand for relief

Question 6

A pleading may make inconsistent claims or defenses, which will be:

Answer 6

determined by the trier of fact

Question 7

A party may set out two or more statements of a claim or defense:

Answer 7

alternatively or hypothetically, either in a single count or defense or in separate ones

Question 8

An answer must be filed within:

Answer 8

21 days of service of the complaint.

Question 9

The 21-day period does not include the date of service, but does include:

Answer 9

weekends and holidays; and if the 21st day is on a weekend or a holiday, the answer must be filed on the next business day.

Question 10

Affirmative defenses that must be pled in a responsive pleading:

Answer 10

Accord and satisfaction
Arbitration and award
Assumption of the risk
Contributory negligence
Discharge in bankruptcy
Duress
Estoppel
Failure of consideration
Fraud
Illegality
Injury by fellow servant
Laches
Licenses
Payment
Release
Res Judicata
Statute of Frauds
Statute of Limitations 
Waiver

Question 11

Objections that may be raised either by motion or responsive pleading:

Answer 11

Lack of SMJ
Lack of PJ
Improper venue
Insufficient process
Insufficient service of process
Failure to state a claim upon which relief can be granted
Failure to join a party under F. R. C. P. 19

If one of these objections will be raised by motion rather than in an answer/responsive pleading, it must be made before a responsive pleading is made.

Question 12

Failure to raise an objection in an answer or motion to dismiss constitutes a waiver of these defenses with the exception of:

Answer 12

objections to SMJ, failure to state a claim, and failure to join a party