Themis Essay 5506

Question 1

In a circuit court action, the defendant’s basic response to a complaint is

Answer 1

an answer.

Question 2

An answer generally must be filed within __________ days after service of process upon the defendant.

Answer 2

21

Question 3

A judge has discretion to grant more time or to permit a party to file a pleading after

Answer 3

the period for filing has expired.

Question 4

A circuit court judge can grant more time for a party to file a pleading even after a judgment by default has been entered, if

Answer 4

done within the 21-day period in which the court retains control to modify, vacate, or suspend a final judgment.

Question 5

In evaluating a judge’s exercise of discretion to grant a party additional time to file a pleading, an appellate court applies

Answer 5

an abuse-of-discretion standard.

Question 6

Among the factors that a judge should consider in ruling on a party’s motion for leave to file a late pleading are:

Answer 6

(i) the length and reason for the delay in filing a pleading, including whether the non-filing party acted in good faith;
(ii) the existence of a substantial basis for the pleading itself; and
(iii) the existence of prejudice to the other party if the late filing is permitted.

Question 7

An affirmative defense is an assertion by the defendant that, even assuming the plaintiff’s assertions are true, the plaintiff is not

Answer 7

entitled to the relief sought.

Question 8

An affirmative defense that constitutes a complete bar to the claim generally must be included in the defendant’s

Answer 8

original responsive pleading.

Question 9

Failure to include an affirmative defense in the original responsive pleading constitutes

Answer 9

a waiver of that defense.

Question 10

When an affirmative defense merely reduces the liability of a plaintiff, the defendant is not required to

Answer 10

plead the affirmative defense, but instead may wait until trial to raise the issue.

Question 11

The statute of limitations for personal injury is

Answer 11

two years, regardless of the theory of recovery.

Question 12

The statute of limitations is an affirmative defense that must be

Answer 12

raised by the defendant in a responsive pleading (not by a demurrer).

Question 13

In a responsive pleading that contains the statute of limitations as an affirmative defense, a defendant need not specify

Answer 13

the specific statute nor the dates of alleged conduct.

Question 14

Generally, a responsive pleading must be filed within

Answer 14

21 days of the service of the complaint on the defendant.