CivPro Midterm (Pleadings)

11(c)(2)

Motions for sanctions must be made seperate from. all other motions

12(4)

A responsive pleading to a motion or more definite statement must be made in 14 days after notice/service

12(h)(2)

You can bring defenses 6-7 in any pleading, by motion, or at trial

15(b)(1)

If a party objects for matters not introduced in pleadings at trial the court may allow the pleading to be amended. They should freely permit this when doing so would aid in the presentation of merits AND the opposing party fails to show this would prejudice them.

15(b)(2)

If an issue was not raised in the pleadings is not objected to when introduced in court it must be treated as if it was introduced in the pleadings
-Explicit consent is the other party allows
-Implied consent is if the other party doesn't object

8(a)

Elements of a claim:
a. courts jurisdiction
b. entitled to relief
c. demand for relief sought

8(b)(6)

Failure to deny a claim deems it admitted

11(b)

Pleadings need to
1. not be filed for improper purpose
2. must be warranted by existing law/nonfrivolous
3. factual contentions must have evidentiary support
4. denials of factual contentions must have evidentiary support

11(c)(1)

Courts MAY impose sanctions, not MUST

11(c)(3)

The court may raise Rule 11 sua sponte

11(c)(4)

The purpose of sanctions is to deter repetition of conduct or comparable conduct by others

12(c)

Motion for judgment on the pleadings

12(e)

Motion for a more definite statement must point out deficiencies, if court grants, you have 14 days to correct or court may strike/issue an appropriate order.

12(f)

Motion to strike

12(h)(1)

You waive your 2-5 defenses if you omit it from your one motion, or don't introduce it through motion/responsive pleading/amendment allowed in Rule 15

12(h)(3)

You never waive subject matter jurisdiction

15(a)(1)

You can amend your pleadings ONCE as a matter of course with 21 days of you serving it or 21 days after service of a responsive pleading or Rule 12 motion (whatever is eariest)

15(a)(2)

In all instances beyond 15(a)(1) you can amend your pleading with written consent from other party or courts leave.

The court should freely give leave when justice so requires

15(a)(3)

A required response to an amended pleading must be made within 14 days of service or time remaining from the origin al 21 days (whichever is later)

15(c)

Relation Back
THIS ONLY APPLIES WHEN THE STATUTE OF LIMITATIONS HAS RUN
If your amended pleadings introduce a new claim/defense after Statute of Limitations has passed it can be accepted if it arose out of the same conduct, transaction, or occurrence of the original claim

8(c)(1)

List of affirmative defenses

8(d)(3)

Legally inconsistent claims are allowed

7(a)

7 things could be a pleading:
1. complaint
2. answer to complaint
3. answer to crossclaim
4. answer to counterclaim
5. third party complaint
6. answer to third party complaint
7. reply to answer if court ordered

Rule 9

How to plead special matters

11(a)

Attorneys must sign materials to certify

12(a)(1)

A defendant must serve an answer within 21 days of being served or if service was waived within 60 days

`12(b)

Defenses
1. lack of subject matter jurisdiction
2. lack of personal jurisdiction
3. improper venue
4. insufficient service
5. insufficient process of service
6. failure to state a claim upon which relief can be granted
7. failure to join a party under Rule 19

Motion with defenses must be made before a responsive pleading

12(g)

You can join motions under rule 12]
You are only allowed ONE motion (unless exception inn rule 12(h). If you left something out of your initial motion that was available to you, that defense is waived.