The Complaint

Question 1

Contents of a Complaint

Answer 1

1) grounds for SMJ
2) Statement of facts that are sufficient to show that P is entitled to relief
3) Demand for judgment and specify the relief sought

Question 2

Rule 15 Amendments

Answer 2

Party can amend complaint once as matter of right:
within 21 days of serving it or if an answer or motion to dismiss has already been filed, within 21 days after that service

Question 3

Party can amend an answer within

Answer 3

21 days of serving it

Question 4

Party can amend with permission

Answer 4

1) permission of opposing parties

2) permission of court, will consider reason for delay and prejudice (usually granted)

Question 5

Amendments and SOL

Answer 5

Adding new claims: amendment considered filed on date of original claim if new claim arises from the same T/O as existing claim (relation back rule)
Adding new parties: will relate back to original filing date if party to be added:
1) knew of the suit soon enough not to be prejudiced and not later than time permitted for service +
2) should have expected to be named as D +
3) was originally left out because of mistake in identity