Rule 6- Kinds of Pleadings Flashcards
Define pleadings.
are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.
Where can the claims of a party be asserted? (5)
complaint, counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-in-intervention.
The defenses of a party are alleged in the __________ to the pleading asserting a claim against him.
Answer
An answer is responded by what?
Reply
What is complaint?
is the pleading alleging the plaintiffs cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.
What is Answer?
is a pleading in which a defending party sets forth his defenses.
T or F: Defenses may either be negative or affirmative.
True
Define Negative Defense.
is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action.
Define affirmative defense.
is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him.
Cite the affirmative defenses. (10)
- fraud,
- statute of limitations, 3. release,
- payment,
- illegality,
- statute of frauds,
- estoppel,
- former recovery,
- discharge in bankruptcy, and
- any other matter by way of confession and avoidance.
Define Counterclaim.
is any claim which a defending party may have against an opposing party.
What is compulsory counterclaim?
is one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.
T or F: Such a counterclaim can be out of the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the amount.
False, such a counterclaim MUST BE WITHIN the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the amount.
What is cross-claim?
any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein.
Can such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant?
Yes
To whom can a counterclaim may be asserted against?
Original counter-claimant
Can a cross-claim be filed against an original cross-claimant?
Yes
What is a reply?
is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters.
What is the effect if a party does not file such reply?
all the new matters alleged in the answer are deemed controverted.
If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth where?
in an amended or supplemental complaint.
What is third, (fourth, etc.)—party complaint?
is a claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.) —party defendant, for contribution, indemnity, subrogation or any other relief, in respect of his opponent’s claim.
When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim, the court shall order them to be brought in as ____________, if jurisdiction over them can be obtained.
Defendants
T or F: A third (fourth, etc) party defendant cannot allege in his answer his defenses, counterclaims or cross-claims, including such defenses that the third (fourth, etc.) —party plaintiff may have against the original plaintiffs claim as this can only be done by the original defendant.
False, MAY allege in his answer his defenses, counterclaims or cross-claims, including such defenses that the third (fourth, etc.) —party plaintiff may have against the original plaintiffs claim. In proper cases, he may also assert a counterclaim against the original plaintiff in respect of the latter’s claim against the third-party plaintiff.
