Rule 8- Manner of Making Allegations in Pleadings Flashcards
T or F: Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts on which the party pleading relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts.
True
Could a party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses?
Yes
T or F: When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading will de deemed insufficient by the insufficiency of one or more of the alternative statements.
False, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements.
T or F: In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient.
True
Facts showing the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party, must be ___________.
averred.
In all averments of fraud or mistake, the circumstances constituting fraud or mistake must be stated with ___________.
particularity
Malice, intent, knowledge or other condition of the mind of a person may be averred ___________.
generally.
T or F: In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.
True
Whenever an action or defense is based upon a written instrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an ___________, which shall be deemed to be a part of the pleading, or said copy may with like effect be set forth in the pleading.
Exhibit
T or F: When an action or defense is founded upon a written instrument, copied in or attached to the corresponding pleading as provided in the preceding section, the genuineness and due execution of the instrument shall not automatically.be deemed admitted.
False, unless the adverse party, under oath, specifically denies them, and sets forth what he claims to be the facts; but the requirement of an oath does not apply when the adverse party does not appear to be a party to the instrument or when compliance with an order for an inspection of the original instrument is refused.
T or F: In pleading an official document or official act, it is sufficient to aver that the document was issued or the act done in compliance with law.
True
A defendant must ________ each material allegation of fact the truth of which he does not admit and, whenever practicable, shall set forth the substance of the matters upon which he relies to support his denial.
specify
What is the effect if a defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint?
He shall so state, and this shall have the effect of a denial.
T or F: Failure to specifically deny material averment in the complaint shall made the allegation deemed admitted.
True
T or F: Upon motion made by a party before responding to a pleading OR, if no responsive pleading is permitted by these Rules, upon motion made by a party within twenty (20) days after the service of the pleading upon him, or upon the court’s own initiative at any time, the court may order any pleading to be stricken out or that any sham or false, redundant, immaterial, impertinent, or scandalous matter be stricken out therefrom.
True
