The Complaint and D's Responses (Stage) Flashcards
What is the Complaint/Petition in a lawsuit?
Pleadings that usually begin the lawsuit, setting out claims against the defendant.
What must each claim in a Complaint contain?
Each claim should contain:
* A short statement for the grounds for jurisdiction
* A statement for grounds for entitlement to relief
* A demand for a specific entitlement to relief
* An alternative request if applicable.
What is a pre-answer motion?
A motion filed by the defendant before submitting a formal answer to short circuit the plaintiff’s case.
What is a Rule 12(b) motion?
A motion addressing various issues such as:
* Lack of SMJ
* Lack of PJ
* Improper venue
* Insufficient service of process
* Failure to state a claim
* Failure to join a necessary party.
What is unique about the Lack of SMJ in a Rule 12(b) motion?
It can be filed at any time and cannot be waived.
When must a motion for Lack of PJ be filed?
At or before the time the defendant’s answer is due.
What is the purpose of a Motion for a More Definite Statement?
To request clarity in the complaint when it lacks a definite statement.
What is a Motion to Strike?
A motion filed to remove offensive content from the complaint.
What must the defendant’s Answer contain?
Responses to every allegation in the complaint, including admissions, denials, or claims of lack of knowledge.
What are Affirmative Defenses?
Defenses that must be raised in the answer, or they are waived.
What is the typical deadline for the defendant to respond to a complaint?
Typically 21 days from the day after the defendant is served.
What is a Counterclaim?
The defendant’s complaint against the plaintiff included in the answer.
What is a Compulsory Counterclaim?
A counterclaim arising out of the same operative nucleus of facts that must be filed in the answer.
What is a Permissive Counterclaim?
A counterclaim that does not arise from the same facts and may be filed but is not waived.
What happens if the defendant fails to answer the complaint in time?
The plaintiff may obtain a Clerk’s default, leading to a default judgment.
What is the Plaintiff’s Reply?
The plaintiff’s answer to the defendant’s counterclaim, due within 20 days.
What are the rules regarding amendments to Complaints?
Complaints may be amended once without court approval if no answer is filed; otherwise, court leave or defendant’s consent is needed.
What does Rule 11 entail?
A motion holding attorneys liable for bad faith in drafted pleadings, requiring factual investigations and proper legal purposes.
What are the consequences of violating Rule 11?
The attorney may be financially liable for the lawsuit.
