Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 599 views

    Pleadings Step by Step

    Uploaded by

    LazinessPerSe
    The document outlines the steps and rules for pleadings under the Federal Rules of Civil Procedure. It discusses the types of pleadings allowed and their required contents. A claim for relief must include a short statement of jurisdiction, grounds showing entitlement to relief, and demand for judgment. Defenses and denials must admit or deny each claim allegation. Pleadings must be made in good faith and have or likely acquire evidentiary support. Amendments to pleadings are generally allowed freely before trial. Defensive motions can challenge pleadings but must generally be made early in the litigation process.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd

    Pleadings Step by Step

    Uploaded by

    LazinessPerSe
    599 views3 pages
    The document outlines the steps and rules for pleadings under the Federal Rules of Civil Procedure. It discusses the types of pleadings allowed and their required contents. A claim for relief must include a short statement of jurisdiction, grounds showing entitlement to relief, and demand for judgment. Defenses and denials must admit or deny each claim allegation. Pleadings must be made in good faith and have or likely acquire evidentiary support. Amendments to pleadings are generally allowed freely before trial. Defensive motions can challenge pleadings but must generally be made early in the litigation process.

    Original Description:

    Pleadings Attack Plan

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document outlines the steps and rules for pleadings under the Federal Rules of Civil Procedure. It discusses the types of pleadings allowed and their required contents. A claim for relief must include a short statement of jurisdiction, grounds showing entitlement to relief, and demand for judgment. Defenses and denials must admit or deny each claim allegation. Pleadings must be made in good faith and have or likely acquire evidentiary support. Amendments to pleadings are generally allowed freely before trial. Defensive motions can challenge pleadings but must generally be made early in the litigation process.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    599 views3 pages

    Pleadings Step by Step

    Uploaded by

    LazinessPerSe
    The document outlines the steps and rules for pleadings under the Federal Rules of Civil Procedure. It discusses the types of pleadings allowed and their required contents. A claim for relief must include a short statement of jurisdiction, grounds showing entitlement to relief, and demand for judgment. Defenses and denials must admit or deny each claim allegation. Pleadings must be made in good faith and have or likely acquire evidentiary support. Amendments to pleadings are generally allowed freely before trial. Defensive motions can challenge pleadings but must generally be made early in the litigation process.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3
    At a glance
    Powered by AI
    The key takeaways are the requirements for pleadings, defenses, amendments, and motions according to the Federal Rules of Civil Procedure.

    A pleading that states a claim for relief must contain: (1) a short and plain statement of the grounds for the court’s jurisdiction, (2) a short and plain statement showing that the pleader is entitled to relief, and (3) a demand for the relief sought.

    A party responding to a pleading must: (1) state in short and plain terms its defenses to each claim asserted against it, and (2) admit or deny the allegations asserted.

    PLEADINGS STEP BY STEP

    1) R.7 Pleadings Allowed; Form of Motions


    a) R.7(a) List: Lists out what pleadings are allowed (complaint, answer to complaint, etc) b) R.7(b) Test: Request for court order must be made by motion. Motion must: (1) Be in writing unless made heard during trial; (2) State with particularity the grounds for seeking the order; and (3) State relief sought.

    2) R.8 Claim for Relief


    a) R.8(a): Pleading that states a claim for relief must contain: (1) Short and plain statement of grounds for courts jurisdiction, (2) Short and plain statement showing pleader is entitled to relief; and (3) Demand for relief sought, which may include relief in the alternative/different types. i) Iqbal 2-Step: [1] Strike conclusory statements. [2] Figure out whether pleading is plausible. ii) Iqbal Notes: Iqbal used to show P entitled to relief. Conclusory statements merely allege D caused Ps injury, but not how. Plausibility means complaint is sufficient enough to convince a judge that the P actually stands a reasonable chance of proving the claims asserted. b) Alternative/Inconsistent: Alternative/inconsistent claims or defenses are allowed.

    3) R.8 Defenses and Denials


    a) R.8(b)(1) Rule: D must: (1) State in short and plain terms its defenses to each claim asserted against it; and (2) admit or deny the allegations asserted. i) Denial: Denial must fairly respond to substance of allegation. A) Types: General denial = all allegations denied in good faith. Specific denial = self-explan. B) Partial: Party that intends to deny only part in good faith must admit the part that is true. ii) I Dunno: Party that lacks knowledge/info to form a belief can claim, and it = denial. If incomplete research shows claim to be true, can still I dunno full research isnt complete. iii) Admission: If not denied/I dunno, assertion is admitted. Plus D can just admit it. b) R.8(c) Defenses: Responding party must affirmatively state any aff-D following list (AoR, Contrib, etc).

    4) R.11 Ethical Pleading

    a) R.11(b) Step 1: Party certifies they have made an inquiry, reasonable under the circumstances, before taking the position asserted in the pleading. b) R.11(b) Step 2: Party also certifies: i) Impropriety: Pleading is not presented for an improper purpose/frivolous. ii) Plausible Argument: Party has a rational argument for the position, which hasnt been rejected so recently by courts of the jurisdiction that the argument is just obstinate. iii) Evidentiary Support: [1] Factual allegations/denials have evidentiary support; or [2] Allegations/denials will likely have evidentiary support after a reasonable opportunity for discovery. (Party doesnt have much at the moment, but certifies that they expect to find more).

    5) R.15 Amendment Timing


    a) Before Trial: Party may amend its pleading once freely within: i) No Response-Required Pleading: 21 days after serving it, or ii) Response-Required Pleading: If the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading OR 21 days after service of a motion under R.12(b)/(e)/(f), whichever is earlier. Time is not cumulative for RP/Motion. iii) All Other Cases: Party may amend only with opposing partys written consent or courts leave. Court should give leave freely when justice so requires. b) After/During Trial Objection: Court should allow amendment when justice requires if objection is raised that evidence presented is not within the issues raised in pleadings. c) After/During Trial Consent: When an issue not raised by the pleadings is tried by the parties express or consent, it must be treated in all respects as if raised in the pleadings.

    6) R.15 Amendment Relates Back to Date of Original Pleading When. . .


    a) When Needed: P seeks to amend to add/change nature of claims after the S/L has expired. b) Statutory: Law that provides the S/L allows relation back; c) Similar Transaction: Amendment asserts a claim/defense that arose out of the conduct, transaction, or occurrence set out or attempted to be set out in the original pleading; or d) Adding Person: Amendment changes party/name of party against who claim is asserted relates back if i) Adding Requirement 1: Similar Transaction satisfied (R.15(c)(1)(B) above);

    i) Adding Requirement 2: Defending party received such notice of the action that it will not be prejudiced in defending on the merits; and ii) Adding Requirement 3: Defending party knew or should have known that the action would have been brought against it, but for a mistake concerning the proper partys identity.

    7) R.12 Defensive Motions


    a) R.12(b) Notes: Any R.12(b) motion may be filed before the Ds responsive pleading. D does not have to make a pre-trial motion can raise any one of them in her answer instead. b) List of Motions: Contained in R.12(b), along with one in 12(e) which says the Ps complaint is too vague. c) R.12(g) Notes: Can only file available pre-answer motions at one time. i.e. Cant just continue asserting one-by-one motions to delay trial. However, only applies to available motions. i.e. If the first motion is a 12(e) failure to understand complaint, then a 12(b)(6) was not available, but a 12(b)(2) was. d) Disfavored Defense Waiver: [1] Is the defense listed in R.12(h)(1)? [2a] Was the disfavored defense omitted a la R.12(g)(2)? OR [2b] Did the party fail to raise the disfavored defense in a motion / include it in a responsive pleading or in an amendment allowed by R.15(a)(1) as a matter of course? IF YES -> DEFENSE WAIVED. e) Other Defenses Waiver: [1] Is the defense listed in R.12(h)(2)? IF YES -> Defense may be raised in [A] any pleading allowed or ordered under R.7(a), [B] by a motion under R.12(c), or [C] at trial. f) Lack of SMJ: Can be raised at ANY time.

    You might also like