Rule 15 Amendments

Question 1

How many days does the defendant have to file an answer after receiving a complaint?

Answer 1

21 days

Question 2

BEFORE TRIAL (15a) In all other cases, how can a party amend?

Answer 2

In all other cases, a party may amend only with the opposing party’s consent or with the court’s leave

Question 3

How should the court allow amendments during trial? (15b)

merits

Answer 3

The court should freely allow a party to amend the pleadings where the opposing party has objected to evidence that was not in the pleadings when doing so would allow the court to rule on the merits.

Question 4

The court will allow an amendment to the pleadings AFTER trial where a party _____

Answer 4

failed to object to evidence that was admitted in support of an unpleaded issue (express or implied consent)

Question 5

What context does 15(c) arise?

Answer 5

The SOL has run and the party wants to amend their pleading

Question 6

What is the purpose of Rule 15(c)?

Answer 6

Preference to rule on the merits when the SOL has run

Question 7

Under 15c, (relation back) How many days do you have to file an amendment after the original pleading?

Answer 7

90 days

Question 8

In what circumstances will an amendment relate back to the date of the original pleading?

Answer 8

(1) Amendment is related to the transaction or occurrence in the original days
(2) Amendment filed within 90 days
(3) Party has received notice such that they would not be prejudiced in defending on the merits
(4) Party knew or should have known that the action would be brought against them but for the mistaken identification of the proper party.

Question 9

As it relates to supplmenetal pleadings, what may a court do on motion and reasonable notice?

Answer 9

On motion and reasonable notice, the court may, on just terms, permit a party to serve a supplemental pleading setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented.

Question 10

After the pleadings are closed, but early enough not to delay trial, a party may move for

Answer 10

a judgment on the pleadings

12C

Question 11

After the pleadings are closed, but early enough not to delay trial, a party may move for

Answer 11

a judgment on the pleadings

12C

Question 12

What if a defense is not brought in an affirmative defense?

Answer 12

It is waived

Question 13

Which defenses can be raised at any time?

Answer 13

Subject Matter
Failure to state a claim
Failure a join a necessary party

Question 14

Which defenses are the use it or lose it defenses?

must be raised initially

Answer 14

Lack of PJ
Improper Venue
Imporper Process
insufficient Serivce of Process

Question 15

Under Rule8, failurue to deny allegations are treated as

Answer 15

being admitted

Question 16

A judgement on the pleadings as approtate when a party _____

Answer 16

fails to deny allegations, which means they are admitted under Rule 8

Question 17

Under Rule 35, _____ are immune from being deposed absent exceptional circumstances, meaning that the information is not otherwise discoverable

Answer 17

Non-testifying experts

Question 18

Under Rule 34, documents must be produced ______

Answer 18

“as they are kept in the usual course of business,” unless the producing party wishes to organize the documents according to the categories of the request.