Civil Litigation I - Chapter 5: Pleadings

These flashcards are designed to help review key concepts from Chapter 5 on pleadings, focusing on counterclaims, cross-claims, third-party practice, and amendments.

What is a counterclaim?

A counterclaim is a claim in the form of a pleading brought by a defendant against the plaintiff as part of the same lawsuit.

What options does a plaintiff have when a counterclaim is asserted?

The plaintiff can either reply to the counterclaim or file a Rule 12 motion.

What are the two types of counterclaims?

Compulsory counterclaims, which must be brought, and permissive counterclaims, which may be brought.

What happens if a defendant fails to plead a compulsory counterclaim?

The defendant is barred from bringing that claim later in another action.

How should a counterclaim be titled?

It should be titled 'Answer and Counterclaim' as it is part of the answer.

What is a cross-claim?

A cross-claim is a complaint brought by one codefendant against another codefendant.

What is the purpose of third-party practice?

To bring new parties into an action who may be liable to a defendant for some or all of the judgment.

What is a third-party complaint?

A complaint by a defendant in the action against a new party, bringing this new party into the action.

What can a party do if they need to amend a pleading?

A party can amend a pleading once as a right before a responsive pleading is made, or within 21 days after service.

What does the relation back doctrine allow for?

It permits an amended pleading to be deemed filed at the time the original pleading was filed.