Crafting the Lawsuit Flashcards
When must the complaint and summons be served?
It must be served on the defendant within 90 days.
When must the answer be served on the plaintiff?
Within 21 dasy after formal service of the summons and complaint unless he has waived service, then 60 days.
What specifity is required in the complaint?
Federal courts require notice pleading but must also contain sufficient facts to palce an adversary on notice of plausible claims.
What special matters must be plead a certain way?
Fraud or mistake must be plead with particularity, allegations of malice, intent or knowledge may be stated generally.
When can a pleading be amended?
As a matter of course within 21 days of serving the pleading or 21 days after the responsive pleading or pre-answer motion is served.
When is a cross claim permitted?
When it arises out of the same transaction or occurrence
When can a plaintiff join other plaintiffs.
Permissive joinder, plaintiff. may sue if they assert a right to relief jointly and the claims arise out of the same transaction or occurence.
When can plaintiffs join other defendants?
Permissive joinder, may sue if they assert a right to relief jointly and the claims arise out of the same transaction or occurence.
What is impleader?
When a defendant impleads a new claim against a new party if that party may be liable to the defendant for all or part of any recovery that the plaintiff obtains.
What are the two requirements for impleader?
The defendant must allege that the nonparty is or may liable to the defednnat and the nonparty’s liabiilty to the defendant is for all or part of the claim against the defendant.
What is the 100 mile budge rule?
If the third party defendant is served within 100 miles of the courthouse, then there is personal jurisdiction over the third-party defendant.
When can a defendant file an impleader claim?
14 days of serving the original answer.
What is the necessary party rule?
If the court cannot accord complete relief among existing parties in that party’s absence or the party has an interest in the subject matter of the litigation and her interests will be impaired if she’s not joined, the court can join in a “necessary party.”
When a nonparty moves to become a party, what are their choices?
They can file a motion to intervene as of right or the court may allow through permissive intervention.
What is intervention as of right?
If the party has an interest in the litigation, it may be added to the party if the disposition would impair their interests or it’s not adequately represented.
