Rule 7- Parts of a Pleading Flashcards
What is caption?
sets forth the name of the court, the title of the action, and the docket number if assigned. The title of the action indicates the names of the parties.
What is body?
sets forth its designation, the allegations of the party’s claims or defenses, the relief prayed for, and the date of the pleading. (
The allegations in the body of a pleading shall be divided into __________ so numbered as to be readily identified, each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience.
paragraphs
Can there be two or more causes of action joined in the headings?
Yes, when two or more causes of action are joined, the statement of the first shall be prefaced by the words “first cause of action,” of the second by “second cause of action,” and so on for the others.
The pleading shall specify the ______ sought, but it may add a general prayer for such further or other _______ as may be deemed just or equitable.
relief;relief
Can a post office box suffice as address required in the pleading?
No, every pleading must be signed by the party or counsel representing him, stating in either case his address which should not be a post office box.
T or F: An unsigned pleading produces no legal effect.
True, however, the court may, in its discretion, allow such deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for delay.
T or F: Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit.
True
How is a pleading verified?
A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his knowledge and belief.
A pleading required to be verified which contains a based on “information and belief,” or upon “knowledge, information and belief,” or lacks a proper verification, shall be treated as an ___________.
unsigned pleading.
T or F: Forum shopping can be cured by amendment of the complaint or other initiatory pleading.
False, failure to comply with the foregoing requirements SHALL NOT be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing.
The submission of a false certification or non-compliance with any of the undertakings therein shall constitute _____________ of court, without prejudice to the corresponding administrative and criminal actions.
indirect contempt
If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute __________, as well as a cause for administrative sanctions.
direct contempt
