responding to complaint

Question 1

Answer

Answer 1

the D admits or denies P’s allegations and lists defenses he might have.
-For each allegation, the defendant should specifically admit or deny.
–If there is a failure to deny, it is deemed admitted.

Question 2

defenses in answer

Answer 2

No limit to how many, but common defenses are statute of limitations, statute of frauds, and assumption of risk.

Waiver: If a defense is not included in the answer, generally it’s forfeited.
–Exceptions: The following are not forfeited:
(1) Failure to state a claim upon which relief should be granted;
(2) Failure to join a necessary party; and
(3) Lack of SMJ.

Question 3

Motion for a more definite statement

Answer 3

The court will order a pleading to be clarified if it is so vague that the responding party cannot reasonably prepare a response.

Question 4

motion to strike

Answer 4

The court can (on its own or on motion) order material stricken if the complaint/answer contains redundant, immaterial, or scandalous stuff.

Question 5

motion to dismiss

Answer 5

Seeks dismissal, can be filed by any defending party.t

Question 6

timing of responsive pleadings

Answer 6

Initial response (answer or pre-answer motion):

1. If the defendant was actually served with process - 21 days to respond.
2. If service of process was waived - 60 days to respond.

If D responds to answer with motion, and it is denied, the D must file an answer within 14 days of denial.